After police use of military equipment in Feguson, Mo., raised concerns of excessive force following the shooting of an unarmed African-American teenager, Senate Majority Whip Richard J. Durbin, D-Ill., may seek to revamp two key Pentagon programs.
The Defense Department runs two programs that allow state and local police forces to receive or purchase excess military equipment — known as 1033 and 1122 respectively — and Durbin, who is also chairman of the Appropriations Committee’s Defense Subcommittee, wrote to Defense Secretary Chuck Hagel to voice his concerns.
“The adoption by local police departments of military-style tactics and their use of military equipment have provoked concern across the nation for a number of years, but the recent events in Ferguson, Missouri, give new urgency to the need for an examination of the DoD programs that supply such equipment,” said Durbin, who also has jurisdiction over the matter as chairman of the Judiciary Committee’s Constitution, Civil Rights and Human Rights Subcommittee
“I appreciate the briefing that DoD officials provided to my staff about these programs. Based on this briefing I have identified several areas of concern that I wanted to bring to your attention,” Durbin added. “I intend to ensure that these issues are addressed as the Administration and Congress review these programs and consider reforms.”
Durbin cited a lack of effective coordination between the Defense Department and the Justice Department, with respect to the 1033 program, and suggested that the Justice Department could play a significant role in ensuring that police departments have valid law enforcement purposes for the equipment, do not have a history of violations of federal laws or grant requirements with regard to federally-provided equipment, and are not the subject of any allegations or investigations that would raise concerns about the possession of the equipment.
Durbin also said that he is concerned that under the 1033 program there is no procedure for evaluating whether there has been any illegal or inappropriate use of equipment, particularly of firearms, explosive devices or military vehicles.
The lack of a requirement for training for 1033 related equipment also disturbed Durbin, but he noted that the Defense Department is not the appropriate entity to provide the training.
Durbin further recommended that an independent ombudsman be part of the complaint process in an effort to help instill community confidence that the programs are being run effectively.
“I look forward to working with you to ensure that any provision of excess military equipment to civilian law enforcement is carried out with the safeguards, accountability and oversight that our communities need and deserve,” Durbin said.
Durbin’s letter comes after the Senate Homeland Security and Governmental Affairs Committee has scheduled a hearing on the issue for Tuesday.