[House Report 106-776]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-776
======================================================================
BULLETPROOF VEST PARTNERSHIP GRANT ACT OF 2000
_______
July 20, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCollum, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 4033]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 4033) to amend the Omnibus Crime Control and Safe Streets
Act of 1968 to clarify the procedures and conditions for the
award of matching grants for the purchase of armor vests,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
TABLE OF CONTENTS
Page
The Amendment.............................................. 2
Purpose and Summary........................................ 3
Background and Need for the Legislation.................... 3
Hearings................................................... 4
Committee Consideration.................................... 4
Committee Oversight Findings............................... 4
Committee on Government Reform Findings.................... 4
New Budget Authority and Tax Expenditures.................. 4
Congressional Budget Office Cost Estimate.................. 4
Constitutional Authority Statement......................... 6
Section-by-Section Analysis and Discussion................. 6
Changes in Existing Law Made by the Bill, as Reported...... 8
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bulletproof Vest Partnership Grant Act
of 2000''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the number of law enforcement officers who are killed in
the line of duty would significantly decrease if every law
enforcement officer in the United States had the protection of
an armor vest;
(2) according to studies, between 1985 and 1994, 709 law
enforcement officers in the United States were feloniously
killed in the line of duty;
(3) the Federal Bureau of Investigation estimates that the
risk of fatality to law enforcement officers while not wearing
an armor vest is 14 times higher than for officers wearing an
armor vest;
(4) according to studies, between 1985 and 1994, bullet-
resistant materials helped save the lives of more than 2,000
law enforcement officers in the United States; and
(5) the Executive Committee for Indian Country Law
Enforcement Improvements reports that violent crime in Indian
country has risen sharply, despite a decrease in the national
crime rate, and has concluded that there is a ``public safety
crisis in Indian country''.
SEC. 3. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR VESTS.
(a) Matching Funds.--Section 2501(f) (42 U.S.C. 3796ll(f)) of the
Omnibus Crime Control and Safe Streets Act of 1968 is amended--
(1) by striking ``The portion'' and inserting the following:
``(1) The portion'';
(2) by striking ``subsection (a)'' and all that follows
through the period at the end of the first sentence and
inserting ``subsection (a)--
``(A) may not exceed 50 percent; and
``(B) shall equal 50 percent, if--
``(i) such grant is to a unit of local
government with fewer than 100,000 residents;
``(ii) the Director of the Bureau of Justice
Assistance determines that the quantity of
vests to be purchased with such grant is
reasonable; and
``(iii) such portion does not cause such
grant to violate the requirements of subsection
(e).''; and
(3) by striking ``Any funds'' and inserting the following:
``(2) Any funds''.
(b) Allocation of Funds.--Section 2501(g) (42 U.S.C. 3796ll(g)) of
the Omnibus Crime Control and Safe Streets Act of 1968 is amended to
read as follows:
``(g) Allocation of Funds.--Funds available under this part shall be
awarded, without regard to subsection (c), to each qualifying unit of
local government with fewer than 100,000 residents. Any remaining funds
available under this part shall be awarded to other qualifying
applicants.''.
(c) Applications.--Section 2502 (42 U.S.C. 3796ll-1) of the Omnibus
Crime Control and Safe Streets Act of 1968 is amended by inserting
after subsection (c) the following new subsection:
``(d) Applications in Conjunction With Purchases.--If an application
under this section is submitted in conjunction with a transaction for
the purchase of armor vests, grant amounts under this section may not
be used to fund any portion of that purchase unless, before the
application is submitted, the applicant--
``(1) receives clear and conspicuous notice that receipt of
the grant amounts requested in the application is uncertain;
and
``(2) expressly assumes the obligation to carry out the
transaction regardless of whether such amounts are received.''.
(d) Definition of Armor Vest.--Paragraph (1) of section 2503 (42
U.S.C. 3796ll-2) of such Act is amended--
(1) by striking ``means body armor'' and inserting the
following: ``means--
``(A) body armor''; and
(2) by inserting after the semicolon at the end the
following: ``or
``(B) body armor which has been tested through such
voluntary compliance testing program, and found to meet
or exceed the requirements of NIJ Standard 0115.00, or
any subsequent revision of such standard;''.
(e) Interim Definition of Armor Vest.--For purposes of part Y of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended by this Act, the meaning of the term ``armor vest'' (as defined
in section 2503 of such Act (42 U.S.C. 37966ll-2)) shall, until the
date on which a final NIJ Standard 0115.00 is first fully approved and
implemented, also include body armor which has been found to meet or
exceed the requirements for protection against stabbing established by
the State in which the grantee is located.
(f) Authorization of Appropriations.--Section 1001(a)(23) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(23)) is amended by striking the period at the end and inserting
the following: ``, and $50,000,000 for each of fiscal years 2002
through 2004.''.
Purpose and Summary
H.R. 4033, the ``Bulletproof Vest Partnership Grant Act of
2000'' would reauthorize the Bulletproof Vest Partnership Grant
program established by Public Law No. 105-181, and increase the
authorization level for grants made under that program from
$25,000,000 to $50,000,000 for fiscal years 2002 through 2004.
Background and Need for the Legislation
The Federal Bureau of Investigation estimates that the risk
of fatality for an officer not wearing a bulletproof vest is 14
times higher than for officers wearing vests.\1\ In fact,
bulletproof material has saved the lives of over 2,000 police
officers since its introduction.\2\ Despite this proven track
record, many law enforcement officers nationwide do not have
access to a bulletproof vest. In the 105th Congress,
legislation was enacted authorizing a $25 million matching
grant program for State and local law enforcement agencies for
the purchase of bulletproof vests and body armor for their
officers \3\. That legislation was cosponsored by over 300
Members of the House and was approved by a vote of 412-4.
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\1\ Federal Bureau of Investigation, Uniform Crime Report, Law
Enforcement Officers Killed and Assaulted (1994).
\2\ Letter from John A. Dottore, DuPont Inc. to the International
Association of Chiefs of Police/Dupont Bulletproof Vest Survivor's Club
( January, 2000).
\3\ Public Law No. 105-181 (H.R. 2829), enacted on June 16, 1998.
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To administer this program, the Department of Justice
Office of Justice Programs has developed its first-ever
Internet-based application and funding process. The Internet
application system opened in April of 1999, and the program
distributed enough awards to facilitate the purchase of 87,000
vests in 3,511 jurisdictions last year. The online ``catalog''
has been consistently updated with the latest approved vest
makes and models, and the application process has been
simplified, particularly for smaller jurisdictions.
In part due to the program's immediate success and
popularity, full 50% match funding was only provided for 76% of
the approved jurisdictions. Furthermore, when the proposed
National Institute of Justice (NIJ) Standard 0115.00, a Federal
standard of approval for ``stab-proof'' vests, is approved
later this year, the committee anticipates that a resulting
increase in requests for funding will then be made on behalf of
correctional officers. It is important to note that the NIJ
Standard 0115.00 has been in development for over two years,
and its approval has been forecasted and then subsequently
delayed several times. There is considerable support among
associations representing correctional officers that the
program allow grantees to provide stab-proof vests as soon as
possible.
Hearings
No hearings were held on the bill H.R. 4033.
Committee Consideration
On June 15, 2000, the Subcommittee on Crime met in open
session and ordered favorably reported the bill H.R. 4033, as
amended, by voice vote, a quorum being present. On July 11,
2000, the committee met in open session and ordered favorably
reported the bill H.R. 4033 with amendment, by voice vote, a
quorum being present.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the committee reports that the
findings and recommendations of the committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Committee on Government Reform Findings
No findings or recommendations of the Committee on
Government Reform were received as referred to in clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House Rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the committee sets forth, with
respect to the bill, H.R. 4033, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 19, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4033, the
Bulletproof Vest Partnership Grant Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Mark
Grabowicz (for federal costs), who can be reached at 226-2860,
and Shelley Finlayson (for the state and local impact), who can
be reached at 225-3220.
Sincerely,
Dan L. Crippen, Director.
Enclosure
cc:
Honorable John Conyers Jr.
Ranking Democratic Member
H.R. 4033--Bulletproof Vest Partnership Grant Act of 2000.
SUMMARY
H.R. 4033 would authorize the appropriation of $50 million
for each of fiscal years 2002 through 2004 for the Department
of Justice to provide grants to state and local governments and
Indian tribes to purchase armor vests for law enforcement
officers. The bill also would make changes to the current laws
relating to the administration of this grant program.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 4033 would cost $134 million
over the 2002-2005 period. This legislation would not affect
direct spending or receipts; therefore, pay-as-you-go
procedures would not apply. H.R. 4033 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would benefit state,
local, and tribal governments. Any costs incurred by state,
local, or tribal governments would be the result of complying
with grant conditions and would be voluntary.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
For this estimate, CBO assumes that the amounts authorized
by the bill will be appropriated by the start of each fiscal
year, and that spending would follow the historical rates for
this program. The estimated budgetary impact of H.R. 4033 is
shown in the following table. The costs of this legislation
fall within budget function 750 (administration of justice).
By fiscal year, in millions of dollars
----------------------------------------------------------------------------------------------------------------
2000 2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law 25 25 0 0 0 0
for Bulletproof Vest Partnership Grants
Authorization Level \1\
Estimated Outlays 16 25 19 9 0 0
Proposed Changes 0 0 50 50 50 0
Authorization Level
Estimated Outlays 0 0 13 33 50 38
Spending Under H.R. 4033 25 25 50 50 50 0
for Bulletproof Vest Partnership Grants
Authorization Level \1\
Estimated Outlays 16 25 32 42 50 38
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level is the amount appropriated in that year for the bulletproof vest grant program. The 2001
level is the amount authorized in currentlaw for those grants.
PAY-AS-YOU-GO CONSIDERATIONS:
None.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
H.R. 4033 contains no intergovernmental or private-sector
mandates as defined in UMRA and would benefit state, local, and
tribal governments. Any costs incurred by state, local, or
tribal governments would be the result of complying with grant
conditions and would be voluntary.
PREVIOUS CBO ESTIMATE
On July 19, 2000, CBO transmitted a cost estimate for S.
2413, the Bulletproof Vest Partnership Grant Act of 2000, as
reported by the Senate Committee on the Judiciary on June 29,
2000. The two bills are very similar and the cost estimates are
identical.
ESTIMATE PREPARED BY:
Federal Costs: Mark Grabowicz (226-2860)
Impact on State, Local, and Tribal Governments: Shelley
Finlayson (225-3220)
Impact on the Private Sector: John Harris (226-2618)
ESTIMATE APPROVED BY:
Robert A. Sunshine
Assistant Director for Budget Analysis
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the committee finds the authority for
this legislation in Article I, section 8 of the Constitution.
Section-by-Section Analysis and Discussion
Section 1. Short Title.
Section 1 of the bill states the short title of the Act as
the ``Bulletproof Vest Partnership Grant Act of 2000''.
Section 2. Findings.
Section 2 of the bill reports a number of findings
concerning the effectiveness of bulletproof vests and body
armor in protecting the lives of law enforcement officers.
Section 3. Matching Grant Program for Law Enforcement Armor Vests.
Section 3 of the bill contains a number of amendments to
the program, including both a limitation on individual grants
awarded to 50 percent of purchase costs, and clarification that
units of local government with less than 100,000 residents will
receive priority consideration for grants, as well as full 50
percent funding. It also requires that clear and conspicuous
notice be given that receipt of the grant amounts requested in
the application is uncertain, and the grantee nonetheless
expressly assumes the obligation to carry out the transaction
regardless of whether such amounts are received. This section
also amends the definition of ``Armor Vest'' in the bill.
Subsection (a) requires that no grant be awarded in excess
of 50 percent of the total purchase costs to a grantee. It also
provides that grants made to a unit of local government with
fewer than 100,000 residents shall be for not less than 50
percent of total costs to the grantee, so long as the Director
of the Bureau of Justice Assistance determines that the
quantity of vests to be purchased with such grant is reasonable
and the grant does not violate other requirements related to
the maximum percentage of annual funds appropriated for this
program that any State may receive.
Subsection (b) requires that program funds be awarded,
without regard to otherwise applicable preferential
consideration factors, to each qualifying unit of local
government with fewer than 100,000 residents. Any remaining
funds will then be available to other qualifying applicants.
Subsection (c) provides that applications submitted in
conjunction with a transaction for the purchase of armor vests
will not be funded unless, before the application is submitted,
the applicant receives clear and conspicuous notice that
receipt of the grant amounts requested in the application is
uncertain, and the grantee nonetheless expressly assumes the
obligation to carry out the transaction regardless of whether
such amounts are received.
Subsection (d) amends the current definition of ``Armor
Vest'' to include body armor which has been found to meet or
exceed the requirements of proposed NIJ Standard 0115.00, or
any subsequent revision thereof. It is the committee's
understanding that NIJ Standard 0115.00 applies to ``stab-
proof'' armor vests, that the standard is in the final stages
of development at NIJ, and that this standard is due to be
fully approved and implemented sometime later this year.
Therefore, once it is approved, all stab-proof vests purchased
with funds granted under this Act will have to meet this
standard.
Subsection (e) establishes an interim definition of ``Armor
Vest'' until such time as proposed NIJ Standard 0115.00 is
first approved and implemented. Currently, grant funds under
the Act may not be used to purchase vests designed to protect
against stabbing. This section of the bill will authorize
grantees to purchase body armor which meets or exceeds the
requirements for protection against stabbing established by the
State in which the grantee is located, using funds awarded
under the program reauthorized by H.R. 4033.
The committee intends that the phrase ``fully approved and
implemented'' be interpreted to mean that proposed NIJ Standard
0115.00 is finally approved, and implemented to the extent that
stab-proof vests are available to grantees for purchase under
the program. Further, it is the view of the committee that
until that date, program funds should be available for grantees
to purchase stab-proof vests so long as there is some
indication that the stab-proof vests requested are in some way
approved by the grantee-State, or the State in which the unit
of local government-grantee is located. It is the committee's
intent that otherwise valid applications for stab-proof vests,
crucial for the protection of correctional officers, be
approved and funded upon enactment of this legislation.
Subsection 3(f) authorizes $50,000,000 to be appropriated
for this program for each of fiscal years 2002 through 2004.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
* * * * * * *
TITLE I--JUSTICE SYSTEM IMPROVEMENT
* * * * * * *
Part J--Funding
authorization of appropriations
Sec. 1001. (a)(1) * * *
* * * * * * *
(23) There are authorized to be appropriated to carry out
part Y, $25,000,000 for each of fiscal years 1999 through
2001[.], and $50,000,000 for each of fiscal years 2002 through
2004.
* * * * * * *
PART Y--MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR VESTS
SEC. 2501. PROGRAM AUTHORIZED.
(a) * * *
* * * * * * *
(f) Matching Funds.--[The portion]
(1) The portion of the costs of a program provided by
a grant under [subsection (a) may not exceed 50
percent.] subsection (a)--
(A) may not exceed 50 percent; and
(B) shall equal 50 percent, if--
(i) such grant is to a unit of local
government with fewer than 100,000
residents;
(ii) the Director of the Bureau of
Justice Assistance determines that the
quantity of vests to be purchased with
such grant is reasonable; and
(iii) such portion does not cause
such grant to violate the requirements
of subsection (e). [Any funds]
(2) Any funds appropriated by Congress for the
activities of any agency of an Indian tribal government
or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used
to provide the non-Federal share of a matching
requirement funded under this subsection.
[(g) Allocation of Funds.--At least half of the funds
available under this part shall be awarded to units of local
government with fewer than 100,000 residents.]
(g) Allocation of Funds.--Funds available under this part
shall be awarded, without regard to subsection (c), to each
qualifying unit of local government with fewer than 100,000
residents. Any remaining funds available under this part shall
be awarded to other qualifying applicants.
SEC. 2502. APPLICATIONS.
(a) * * *
* * * * * * *
(d) Applications in Conjunction With Purchases.--If an
application under this section is submitted in conjunction with
a transaction for the purchase of armor vests, grant amounts
under this section may not be used to fund any portion of that
purchase unless, before the application is submitted, the
applicant--
(1) receives clear and conspicuous notice that
receipt of the grant amounts requested in the
application is uncertain; and
(2) expressly assumes the obligation to carry out the
transaction regardless of whether such amounts are
received.
SEC. 2503. DEFINITIONS.
For purposes of this part--
(1) the term ``armor vest'' [means body armor]
means--
(A) body armor, no less than Type I, which
has been tested through the voluntary
compliance testing program operated by the
National Law Enforcement and Corrections
Technology Center of the National Institute of
Justice (NIJ), and found to meet or exceed the
requirements of NIJ Standard 0101.03, or any
subsequent revision of such standard; or
(B) body armor which has been tested through
such voluntary compliance testing program, and
found to meet or exceed the requirements of NIJ
Standard 0115.00, or any subsequent revision of
such standard;
* * * * * * *
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