[Congressional Record Volume 144, Number 6 (Wednesday, February 4, 1998)]
[Senate]
[Pages S380-S383]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL (for himself, Mr. Leahy, Mr. Hatch, Mr. D'Amato, 
        Mr. Faircloth, Mr. Hollings, Mr. Johnson, Mr. Kennedy, Mr. 
        Reid, Mr. Torricelli, and Mr. Dodd):
  S. 1605. A bill to establish a matching grant program to help States, 
units of local government, and Indian tribes to purchase armor vests 
for use by law enforcement officers.


              THE BULLETPROOF VEST PARTNERSHIP ACT OF 1998

  Mr. CAMPBELL. Mr. President, today Senator Leahy and I are 
introducing the Bulletproof Vest Partnership Act of 1998, a bill to 
establish a matching grant program to help State, Tribal and local 
jurisdictions purchase armor vests for the use by law enforcement 
officers. We are pleased to be joined in this effort by the 
distinguished Chairman of the Senate Judiciary Committee, Senator 
Hatch, and Senators D'Amato, Faircloth, Hollings, Johnson, Kennedy, 
Reid, Torricelli and Dodd. This bill expands on legislation I 
introduced last month to help law enforcement.
  There are far too many law enforcement officers who patrol our 
streets and neighborhoods without the proper protective gear against 
violent criminals. As a former deputy sheriff, I know first-hand the 
risks which law enforcement officers face everyday on the front lines 
protecting our communities.
  Today, more than ever, violent criminals have bulletproof vests and 
deadly weapons at their disposal. In fact, figures from the U.S. 
Department of Justice indicate that approximately 150,000 law 
enforcement officers--or 25 percent of the nation's 600,000 state and 
local officers--do not have access to bulletproof vests.
  The evidence is clear that a bulletproof vest is one of the most 
important pieces of equipment that any law enforcement officer can 
have. Since the introduction of modern bulletproof material, the lives 
of more than 1,500 officers have been saved by bulletproof vests. In 
fact, the Federal Bureau of Investigation has concluded that officers 
who do not wear bulletproof vests are 14 times more likely to be killed 
by a firearm than those officers who do wear vests. Simply put, 
bulletproof vests save lives.
  Unfortunately, many police departments do not have the resources to 
purchase vests on their own. The Bulletproof Vest Partnership Act of 
1998 would form a partnership with state and local law enforcement 
agencies in order to make sure that every police officer who needs a 
bulletproof gets one. It would do so by authorizing up to $25 million 
per year for a new grant program within the U.S. Department of Justice. 
The program would provide 50-50 matching grants to state and local law 
enforcement agencies and Indian tribes to assist in purchasing 
bulletproof vests and body armor. To make sure that no police 
department is left out of the program, the matching requirement could 
be waived for those jurisdictions that cannot afford it.
  While we know that there is no way to end the risks inherent to a 
career in law enforcement, we must do everything possible to ensure 
that officers who put their lives on the line every day also put on a 
vest. Body armor is one of the most important pieces of equipment an 
officer can have and often means the difference between life and death.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1605

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Bulletproof Vest Partnership 
     Act of 1998''.

     SEC. 2. FINDINGS; PURPOSE.

       (a) 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 while performing their hazardous duties;
       (2) the Federal Bureau of Investigation estimates that more 
     than 30 percent of the almost 1,182 law enforcement officers 
     killed by a firearm in the line of duty could have been saved 
     if they had been wearing body armor;
       (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) the Department of Justice estimates that approximately 
     150,000 State, local, and tribal law enforcement officers, 
     nearly 25 percent, are not issued body armor;
       (5) the Executive Committee for Indian Country Law 
     Enforcement Improvements reports that violent crime in Indian 
     country has risen sharply, despite decreases in the national 
     crime rate, and has concluded that there is a ``public safety 
     crisis in Indian country''; and
       (6) many State, local, and tribal law enforcement agencies, 
     especially those in smaller communities and rural 
     jurisdictions,

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     need assistance in order to provide body armor for their 
     officers.
       (b) Purpose.--The purpose of this Act is to save lives of 
     law enforcement officers by helping State, local, and tribal 
     law enforcement agencies provide those officers with armor 
     vests.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Armor vest.--The term ``armor vest'' means body armor 
     that 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 comply with the requirements of 
     NIJ Standard 0101.03, or any subsequent revision of that 
     standard.
       (2) Body armor.--The term ``body armor'' means any product 
     sold or offered for sale as personal protective body covering 
     intended to protect against gunfire, stabbing, or other 
     physical harm.
       (3) Director.--The term ``Director'' means the Director of 
     the Bureau of Justice Assistance of the Department of 
     Justice.
       (4) Indian tribe.--The term ``Indian tribe'' has the same 
     meaning as in section 4(e) of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450b(e)).
       (5) Law enforcement officer.--The term ``law enforcement 
     officer'' means any officer, agent, or employee of a State, 
     unit of local government, or Indian tribe authorized by law 
     or by a government agency to engage in or supervise the 
     prevention, detection, or investigation of any violation of 
     criminal law, or authorized by law to supervise sentenced 
     criminal offenders.
       (6) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of the Northern Mariana 
     Islands.
       (7) Unit of local government.--The term ``unit of local 
     government'' means a county, municipality, town, township, 
     village, parish, borough, or other unit of general government 
     below the State level.

     SEC. 4. PROGRAM AUTHORIZED.

       (a) Grant Authorization.--The Director may make grants to 
     States, units of local government, and Indian tribes in 
     accordance with this Act to purchase armor vests for use by 
     State, local, and tribal law enforcement officers.
       (b) Applications.--Each State, unit of local government, or 
     Indian tribe seeking to receive a grant under this section 
     shall submit to the Director an application, in such form and 
     containing such information as the Director may reasonably 
     require.
       (c) Uses of Funds.--Grant awards under this section shall 
     be--
       (1) distributed directly to the State, unit of local 
     government, or Indian tribe; and
       (2) used for the purchase of armor vests for law 
     enforcement officers in the jurisdiction of the grantee.
       (d) Preferential Consideration.--In awarding grants under 
     this section, the Director may give preferential 
     consideration, where feasible, to applications from 
     jurisdictions that--
       (1) have a violent crime rate at or above the national 
     average, as determined by the Federal Bureau of 
     Investigation; and
       (2) have not been providing each law enforcement officer 
     assigned to patrol or other hazardous duties with body armor.
       (e) Minimum Amount.--Unless all applications submitted by 
     any State, unit of local government, or Indian tribe for a 
     grant under this section have been funded, each State, 
     together with grantees within the State (other than Indian 
     tribes), shall be allocated in each fiscal year under this 
     section not less than 0.75 percent of the total amount 
     appropriated in the fiscal year for grants pursuant to this 
     section, except that the United States Virgin Islands, 
     American Samoa, Guam, and the Northern Mariana Islands shall 
     each be allocated 0.25 percent.
       (f) Maximum Amount.--A State, together with grantees within 
     the State (other than Indian tribes), may not receive more 
     than 5 percent of the total amount appropriated in each 
     fiscal year for grants under this section.
       (g) Matching Funds.--The portion of the costs of a program 
     provided by a grant under this section may not exceed 50 
     percent, unless the Director determines a case of fiscal 
     hardship and waives, wholly or in part, the requirement under 
     this subsection of a non-Federal contribution to the costs of 
     a program.
       (h) Allocation of Funds.--Not less than 50 percent of the 
     funds awarded under this section in each fiscal year shall be 
     allocated to units of local government, or Indian tribes, 
     having jurisdiction over areas with populations of 100,000 or 
     less.
       (i) Reimbursement.--Grants under this section may be used 
     to reimburse law enforcement officers who have previously 
     purchased body armor with personal funds during a period in 
     which body armor was not provided by the State, unit of local 
     government, or Indian tribe.

     SEC. 5. APPLICATIONS.

       Not later than 90 days after the date of enactment of this 
     Act, the Director shall promulgate regulations to carry out 
     this Act, which shall set forth the information that must be 
     included in each application under section 4(b) and the 
     requirements that States, units of local government, and 
     Indian tribes must meet in order to receive a grant under 
     section 4.

     SEC. 6. PROHIBITION OF PRISON INMATE LABOR.

       Any State, unit of local government, or Indian tribe that 
     receives financial assistance provided using funds 
     appropriated or otherwise made available by this Act may not 
     purchase equipment or products manufactured using prison 
     inmate labor.

     SEC. 7. SENSE OF CONGRESS.

       In the case of any equipment or product authorized to be 
     purchased with financial assistance provided using funds 
     appropriated or otherwise made available under this Act, it 
     is the sense of Congress that entities receiving the 
     assistance should, in expending the assistance, purchase only 
     American-made equipment and products.

     SEC. 8. AUTHORIZATION FOR APPROPRIATIONS.

       There is authorized to be appropriated $25,000,000 for each 
     of fiscal years 1999 through 2003 to carry out this Act.

  Mr. D'AMATO. Mr. President, in 1996, one violent crime was committed 
every nineteen seconds in the United States. According to the Uniform 
Crime Reports, firearms were the weapons used in 29% of all murders, 
robberies and aggravated assaults, collectively, that year. When a 
crime occurs, no matter what the crime or the weapons used, the first 
action taken is to call the police. Law enforcement rushes to the 
rescue, risking their own lives in the process.
  It is imperative that we do all we can to assist the police in 
handling these volatile situations. That is why I join with Senators 
Campbell and Leahy in introducing the Bulletproof Vest Partnership 
Grant Act--a bill that will provide funding for equipment that is 
critical to preserve the lives of our law enforcement. The 
``equipment'' of which I speak is a bullet proof vest. Under this bill, 
the federal government will pay half the cost for the purchase of armor 
vests for a State and local law enforcement.
  This bill promotes the purchases of these life-saving vests. The need 
for them is proven over and over again. Nationwide, the FBI estimates 
that nearly one third of the 1,182 law enforcement officers killed by a 
firearm in the line of duty since 1980 would be alive if they had worn 
a bullet proof vest.
  Just this past December, Rochester, New York was rocked by the 
shooting of three police officers. Rochester Police Officers Mark G. 
Dibelka and Thomas DiFante were both shot in the chest and Sgt. Michael 
Kozak was shot in the arm. All three men lived --thanks to the 
bulletproof vests. These heroes will live to see the judicial process 
at work against the criminal charged with three counts of first degree 
attempted murder. Due to the bullet proof vests, we are able to wish 
these men a speedy recovery.
  In New York City, the lives of two officers were saved with a 
bulletproof vest. A convicted drug dealer is accused of shooting two 
officers, firing three shots at Detective Wafkey Salem in the chest and 
shot at Detective Lourdes Gonzalez' shoulder. These officers lived to 
tell their stories.
  The Bulletproof Vest Partnership Grant Protection Act of 1998 
authorizes $25 million of federal funds to be matched with State and 
localities funds for the purchase of armor vests. Any agent or officer 
that prevents, detects or investigates crimes, or supervises sentenced 
offenders, will be able to receive a bulletproof vest with the 
assistance of this grant--that includes law enforcement and correction 
officers.
  Special attention is paid to rural areas, with at least 50% of the 
funds available to jurisdictions with populations of 100,000 or less. 
Each state would receive a minimum of .75% of the total federal funds, 
including Puerto Rico. The bill also includes a maximum of 5% that can 
be drawn to each state, including the grantees of that state. The only 
restriction is that the armor vests are not made by prison labor, a 
very reasonable requirement, especially in light of the nature of the 
life-saving equipment. This legislation also recognizes that the 
equipment purchased with federal assistance should be made in the 
United States.
  Law enforcement officers risk their lives for people, and we owe it 
to them to make sure the risks are at a minimum. We owe it to the men 
and women who go to work everyday and have no idea what dangerous 
situation awaits them--and we owe it to their families. This bill 
should be passed, swiftly and, I hope, with the full support of the 
Senate.
  Mr. HOLLINGS. Mr. President, today I am proud to co-sponsor a bill 
which

[[Page S382]]

will be an essential component of the war on crime. The Bulletproof 
Vest Partnership Act, which was introduced today, will save the lives 
of law enforcement officers across the country by helping state and 
local law enforcement agencies provide their officers with body armor.
  Providing body armor to more law enforcement agencies will greatly 
reduce injuries and fatalities among officers. The FBI estimates that 
more than 40 percent of the 1,182 officers killed in the line of duty 
by a firearm since 1980 would have lived had they worn bullet-resistant 
vests. In fact, the FBI considers the risk of death to officers not 
wearing armor to be 14 times greater than that for officers wearing 
body armor.
  Mr. President, today 150,000 law officers in the United States do not 
have access to this essential equipment. This is unacceptable. These 
brave men and women risk their lives every day to enforce the law and 
protect and serve the public. The least we can do is afford them the 
greatest degree of protection possible as they fight crime in our 
communities.
  The Bulletproof Vest Partnership Act of 1998 will provide state and 
local law enforcement officers with the critical equipment they need to 
protect their officers in the line of duty. This bipartisan bill will 
create a $25 million grant program in the Department of Justice to 
provide matching funds to state and local law enforcement agencies to 
purchase body armor. I would like to underscore the importance of the 
word ``Partnership'' in this bill. This grant program will continue the 
effective federal-state-local partnerships that have proved so 
successful in the war on crime.
  One of the greatest features of this bill, Mr. President, is that it 
prefers law enforcement agencies that cannot now provide body armor for 
their officers. This is especially helpful to small and rural 
jurisdictions. In fact, the Bulletproof Vest Partnership Act requires 
the Justice Department to provide at least 50% of the grant program's 
funds to small jurisdictions comprising fewer than 100,000 people. This 
provision is especially important in states like South Carolina, where 
the vast majority of jurisdictions fit this description.
  The Fraternal Order of Police, National Sheriff's Association, 
International Union of Police Associations, and Police Executive 
Research Forum all endorse this bill, Mr. President. These groups 
understand better than anyone the importance of this legislation. They 
know from firsthand experience that body armor often can mean the 
difference between life and death for an officer.
  If we are serious about fighting crime, we must ensure the safety of 
our law enforcement officers. The best way to do this is to provide 
state and local law enforcement agencies with the funds to purchase new 
equipment such as body armor for their officers. Though we cannot 
protect every law officer from danger, we can and must ensure that they 
have the best equipment available to protect themselves while in the 
line of duty.
  The Bulletproof Vest Partnership Act will do all these things. I am 
proud to co-sponsor it, and I encourage all my colleagues to support 
this bipartisan legislation. Let us do our part in the war on crime.
  Mr. JOHNSON. Mr. President, I rise today in support of the Bullet 
Proof Vest Partnership Act of 1998 introduced by Senator Leahy and 
Senator Campbell. I am an original cosponsor of this legislation and I 
want to take this opportunity to commend my colleagues for their work 
in addressing this issue. This bill is about saving lives and 
protecting the men and women in law enforcement who keep our 
communities safe. There are few opportunities for the Congress to help 
local law enforcement, and I thank Senators Leahy and Campbell for 
bringing this grant program to the attention of the Senate.
  The Bullet Proof Vest Partnership Act will establish a $25 million 
matching grant program within the Department of Justice to help state, 
local and tribal law enforcement agencies purchase needed body armor. 
According to the Department of Justice, approximately 150,000 state and 
local law enforcement officers, nearly 25 percent, are not issued body 
armor. Justice estimates that the risk of fatality for officers while 
not wearing body armor is 14 times higher than for officers equipped 
with protection on the job.
  While law enforcement in my rural state of South Dakota does not face 
the volume of high risk and hazardous situations that police forces in 
New York or California contend with every day, one preventable death is 
too many, and this program will help every community protect their 
officers. To that end, Senators Leahy and Campbell were careful to 
structure this program to guarantee access for rural states and 
communities. Under the small state minimum in the Leahy-Campbell bill, 
South Dakota would be eligible for at least $187,000 per year in 
federal matching grant funds. The bill also gives the Department of 
Justice the discretion to lower or waive the matching requirement for 
communities facing financial hardship. Life saving body armor can run 
$500-700, keeping bullet proof vests out of reach for many small and 
rural communities with extremely limited resources.
  I also strongly support the recognition of Indian tribal law 
enforcement needs included in this bill. Juvenile crime and gang 
activity are on the rise on rural reservations, and resources are 
continually scarce. This bill will allow tribes to access funds on 
equal footing with state and local police forces. I am committed to 
encouraging cooperation between tribal and non-tribal law enforcement 
agencies in my state and throughout the country for the important and 
shared goal of combating crime nationwide. Recognizing tribal law 
enforcement through this grant program is an important step forward.
  Mr. President, the need to protect our law enforcement officers is 
pressing. This legislation will outfit our law enforcement officers 
with the equipment necessary to protect themselves while protecting our 
families. I encourage speedy Judiciary Committee consideration of this 
initiative and urge full Senate support for this much needed grant 
program.
  Mr. LEAHY. Mr. President, today Senator Campbell and I are 
introducing the Bulletproof Vest Partnership Act of 1998, along with 
Senators D'Amato, Dodd, Hatch, Hollings, Johnson, Kennedy, Reid and 
Torricelli. I am particularly pleased that the Chairman of the Senate 
Judiciary Committee, Senator Hatch, is an original cosponsor of this 
bill. Our bipartisan legislation is intended to save the lives of law 
enforcement officers across the country by helping state and local law 
enforcement agencies provide their officers with body armor.
  Far too many police officers are needlessly killed each year while 
serving to protect our citizens. According to the Federal Bureau of 
Investigation, more than 30 percent of the 1,182 officers killed by a 
firearm in the line of duty since 1980 could have been saved if they 
had been wearing body armor. Indeed, the FBI estimates that the risk of 
fatality to officers while not wearing body armor is 14 times higher 
than for officers wearing it.
  Unfortunately, far too many state and local law enforcement agencies 
cannot afford to provide every officer in their jurisdictions with the 
protection of body armor. In fact, the Department of Justice estimates 
that approximately 150,000 State and local law enforcement officers, 
nearly 25 percent, are not issued body armor.
  In countless incidents across the country everyday officers sworn to 
protect the public and enforce the law are in danger. Last year, an 
horrific incident along the Vermont and New Hampshire border 
underscores the need for the quick passage of this legislation to 
provide maximum protection to those who protect us. On August 19, 1997, 
federal, state and local law enforcement authorities in Vermont and New 
Hampshire had cornered Carl Drega, after hours of hot pursuit. He had 
shot to death two New Hampshire state troopers and two other victims 
earlier in the day. In a massive exchange of gunfire with the 
authorities, Drega was killed.
  During that shootout, all federal law enforcement officers wore 
bulletproof vests, while some state and local officers did not. For 
example, Federal Border Patrol Officer John Pfeifer, a Vermonter, was 
seriously wounded in the incident. I am glad that Officer Pfeifer is 
back on the job after being hospitalized in serious condition. Had it 
not

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been for his bulletproof vest, I fear that he and his family might well 
have paid the ultimate price.
  The two New Hampshire state troopers who were killed by Carl Drega 
were not so lucky. We all grieve for them and our hearts go out to 
their families. They were not wearing bulletproof vests. Protective 
vests might not have been able to save the lives of those courageous 
officers because of the high-powered assault weapons, but the tragedy 
underscore the point that all of our law enforcement officers, whether 
federal, state or local, deserve the best protection we can provide, 
including bulletproof vests.
  With that and lesser-known incidents as constant reminders, I will 
continue to do all I can to help prevent loss of life among our law 
enforcement officers.
  The Bulletproof Vest Partnership Act of 1998 will help by creating a 
new partnership between the federal government and state and local law 
enforcement agencies to help save the lives of police officers by 
providing the resources for each and every law enforcement officer in 
harm's way to have a bulletproof vest. Our bipartisan bill would create 
a $25 million matching grant program within the Department of Justice 
dedicated to helping State and local law enforcement agencies purchase 
body armor.
  In my home State of Vermont, our bill enjoys the strong support of 
the Vermont State Police, the Vermont Police Chiefs Association and 
many Vermont sheriffs, troopers, game wardens and other local and state 
law enforcement officials. Just last week I was honored to be joined by 
Vermont Attorney General William Sorrell, Vermont Commissioner of 
Public Safety James Walton, Vermont State Police Director John 
Sinclair, Vermont Fish and Wildlife Lieutenant Robert Rooks, South 
Burlington Police Chief Lee Graham, South Burlington Vermont Officer 
Diane Reynolds as we spoke about state and local law enforcement 
officers' need for body armor.
  Since my time as a State prosecutor, I have always taken a keen 
interest in law enforcement in Vermont and around the country. Vermont 
has the reputation of being one of the safest states in which to live, 
work and visit, and rightly so. In no small part, this is due to the 
hard work of those who have sworn to serve and protect us. And we 
should do what we can to protect them, when a need like this one comes 
to our attention.
  Our nation's law enforcement officers put their lives at risk in the 
line of duty everyday. No one knows when danger will appear. 
Unfortunately, in today's violent world, even a traffic stop may not 
necessarily be ``routine.'' In fact, the National Association of Chiefs 
of Police just reported that 21 police officers were killed in the line 
of duty last month, nearly double the toll for the month of January in 
both 1997 and 1996. More than ever, each and every law enforcement 
officer across the nation deserves the protection of a bulletproof 
vest.
  Senator Campbell and I have the support of the Fraternal Order of 
Police and many other law enforcement groups for this proposal. I urge 
my colleagues to support this bipartisan legislation and its quick 
passage into law.
                                 ______