Senators May Attach Strings to Federal Surplus Programs for Local Police
| Sen. Claire McCaskill, D-Mo., is considering legislation to improvement management of the Pentagon's 1033 program. | 
Invoking  images of 20-ton armored vehicles confronting 
unarmed protestors after last month’s police shooting of a black youth 
in Missouri, senators on Tuesday quizzed agency officials on tightening 
oversight of federal programs that transfer surplus equipment to local 
law enforcement and provide anti-crime grants under post 9/11 
calculations.
The result, said speakers at a hearing of the Senate Homeland 
Security and Governmental Affairs Committee, could be legislation to 
more closely monitor  the types of weapons the government gives away 
while improving training in police sensitivities to the intimidating 
effect of heavy weaponry in local communities.
“Since 1997, federal agencies have supplied over $5 billion in 
surplus Department of Defense supplies and equipment to law 
enforcement,” noted Chairman Tom Carper, D-Del. , adding that the 
Justice and Homeland Security departments both administer 
multi-million-dollar grant programs that also can pay for military-style
 gear such as armored vests and vehicles. “We have responsibility to 
ensure accountability of funds and equipment provided by the federal 
government to state and local police. It is our job to ensure that these
 programs provide value to police, the communities they serve and the 
taxpayer.”
Sen. Claire McCaskill, D-Mo., fresh from frequent visits to the 
troubled town of Ferguson, said, “I  saw first-hand how aggressive 
tactics used in the name of crowd control, like a sniper pointing a 
rifle at an unarmed protester, are not consistent with our First 
Amendment rights. He did not deserve to be treated like an enemy 
combatant.”
Acknowledging the simultaneous need to protect uniformed law 
enforcement officials, McCaskill said the legislation she is considering
 must improve management of the 1033 program, set up by Congress in the 
early 1990s to allow local communities to take advantage of Defense 
Department surplus furniture, microwaves and vehicles, as well as 
pistols, rifles and armor. 
Also commonly transferred to states and communities are the 14-ton-plus Mine Resistant Ambush Protected (MRAP)
 armored vehicles, which, McCaskill said, in states such as Texas and 
Florida are more common in city governments than in the National Guard. 
“Any vehicle, even if painted black and used with discretion, can be 
intimidating and may be asking for militarization,” she said. In 
addition, as much as 36 percent of what the Pentagon gives away is 
“brand new,” she thundered. 
“What you gave away this year I guarantee 
you bought this year—it drives me crazy.”
McCaskill also complained that DHS and Justice do not track the 
anti-crime grant money closely enough, and provide insufficient training
 in use of the federal equipment.
Witnesses from the agencies agreed that oversight could be improved 
and said they were working closely with a White House unit exploring 
what went wrong in Ferguson. Alan Estevez, principal deputy undersecretary of Defense for 
acquisition, technology and logistics, defended the existence of a 
surplus. 
“As the force structure changes, as the budget changes under 
the Budget Control Act, things we thought we’d need we no longer need,” 
he said. 
The Defense Department “does not have the expertise” to train or 
determine how local police departments select and use the surplus 
equipment, he testified. He told the lawmakers his job is to provide 
“good stewardship for the taxpayer dollar” in forwarding the materials 
to 8,000 local agencies in 49 states and territories. About 96 percent 
of the goods are “non-controlled,” he said, meaning the localities can 
use them as they see fit, but the remaining 4 percent are “controlled” 
weapons, including night-vision goggles and Humvees, for which the 
Defense Department retains title for accountability.    
But Estevez agreed that the Pentagon’s consultation with Justice on the 1033 program’s risks “is currently lacking.”
Brian Kamoie, assistant administrator for grant programs at the 
Federal Emergency Management Agency, said all spending is monitored by 
inspectors general and state auditors, and that resources are allocated 
according to crime and terrorism “risk profiles” created by intelligence
 staffs, which prompted the Homeland Security secretary to designate 39 
highest-risk communities this year. “We work closely with states and 
tribes on oversight,” he said, citing the response to last year’s Boston
 Marathon bombing as an example of effective “planning, equipment, 
training and exercises” by DHS and other law enforcement components.
Karol Mason, assistant attorney in Justice’s Office of Justice 
Programs, said her agency’s Justice Assistance Grants based on formulas 
factoring in population and violent crime frequency “improve 
effectiveness and efficiency of the justice system.” There are quarterly
 and annual reports to assure against misuse, she said, and the 
department conducts a police public contact survey to gauge police 
interaction with citizens to provide data on excessive use of force. “We
 continue to bring the latest knowledge and best tool to this problem,” 
she said.
Sen. Tom Coburn, R-Okla., the panel’s ranking member, asked why 
localities need MRAPs and who decides if delivery is appropriate. He 
also challenged the FEMA officials’ claim that federal funds were key to
 capturing the surviving Boston bomber, “who was found when a guy 
spotted him in his backyard boat and called 911,” Coburn said.
Kamoie disagreed, pointing to infrared vision equipment that played a role. Sen. Rand Paul, R-Ky., said he was puzzled that 12,000 bayonets are 
among the items available to states for free from DoD, and noted that 
such equipment is explicitly “not supposed to be used for riot 
suppression.” The FEMA official agreed, saying his agency, once it 
learns the final facts on what federal weapons were present in Ferguson,
 will take corrective action. 
The reason the program has gone on, said Sen. Ron Johnson, R-Wis., is
 that “local police departments get things for free from federal 
government, where the saying is, ‘use it or lose it.’ ”
BLOGGER'S NOTE :  I cannot believe that I am agreeing with the likes of Senator Tom Coburn - from Oklahoma.  Grandma Margaret was wrong, some days there is something new under the sun.   











