[Congressional Record Volume 145, Number 48 (Thursday, March 25, 1999)]
[Senate]
[Pages S3455-S3457]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL (for himself and Mr. Torricelli):
  S. 726. A bill to establish a matching grant program to help State 
and local jurisdictions purchase bullet resistant equipment for use by 
law enforcement departments; to the Committee on the Judiciary.


 Officer Dale Claxton Bullet Resistant Police Protective Equipment Act 
                                of 1999

  Mr. CAMPBELL. Mr. President, today I am introducing legislation to 
help our nation's state and local law enforcement officers acquire the 
bullet resistant equipment they need to protect themselves from would-
be killers.
  I am joined today by my colleague, Senator Torricelli, as an original 
cosponsor of this legislation.
  This bill, the ``Officer Dale Claxton Bullet Resistant Police 
Protective Equipment Act of 1999,'' is based on S. 2253, which I 
introduced in the 105th Congress. This bill is named in memory of Dale 
Claxton, a Cortez, Colorado, police officer who was fatally shot 
through the windshield of his patrol car last year. A bullet resistant 
windshield could have saved his life.
  Unfortunately, incidents like this are far from isolated. All across 
our nation law enforcement officers, whether in hot pursuit, driving 
through dangerous neighborhoods, or pulled over on the side of the road 
behind an automobile, are at risk of being shot through their 
windshields. We must do what we can to prevent these kinds of tragedies 
as better, lighter and more affordable types of bullet resistant glass 
and other equipment become available. For the purposes of this bill I 
use the technically more accurate term ``bullet resistant'' instead of 
the more commonplace ``bullet proof'' since, even though we all wish 
they could be, few things are truly ``bullet proof.''
  While I served as a deputy sheriff in Sacramento County, California, 
I became personally aware of the inherent dangers law enforcement 
officers encounter each day on the front lines. Now that I serve as a 
U.S. senator here in Washington, DC, I believe we should do what we can 
to help our law enforcement officers protect themselves as they risk 
their lives while protecting the American people from violent 
criminals.
  One important way we can do this is to help them acquire bullet 
resistant glass and armored panels for patrol cars, hand held bullet 
resistant shields and other life saving bullet resistant equipment. 
This assistance is especially crucial for small local jurisdictions 
that often lack the funds needed to provide their officers with the 
life saving bullet resistant equipment they need.
  The Officer Dale Claxton bill builds upon the successes of the 
Bulletproof Vest Partnership Grant Act, S. 1605, which I introduced in 
the 105th Congress and the president signed into law last June. This 
program provides matching grants to state and local law enforcement 
agencies to help them purchase body armor for their officers. This bill 
builds upon this worthy program by expanding it to help them acquire 
additional types of bullet resistant equipment.

  The bill I introduce today has four main components. The first part 
authorizes continued funding for the current Bulletproof Vest 
Partnership Grant Act program at $25 million per year.
  The second and central part of this legislation authorizes a new $40 
million matching grant program to help state, local, tribal and other 
small law enforcement agencies acquire bullet resistant equipment such 
as bullet resistant glass and armored panels for patrol cars, hand held 
bullet resistant shields and other life saving equipment.
  The third component of this bill, as promoted by Senator Torricelli, 
would authorize a $25 million matching grant program for the purchase 
of video cameras for use in law enforcement vehicles.
  These three matching grants are authorized for fiscal years 2000 
through 2002 and would be allocated by the Bureau of Justice Assistance 
according to a formula that ensures fair distribution for all states, 
local communities, tribes and U.S. territories. To help ensure that 
these matching grants get to the jurisdictions that need them the most 
the bureau is directed to make at least half of the funds available to 
those smaller jurisdictions whose budgets are the most financially 
constrained.
  The final key part of this bill provides the Justice Department's 
National Institute of Justice (NIJ) with $3 million over 3 years to 
conduct an expedited research and development program to speed up the 
deployment of new bullet resistant technologies and equipment. The 
development of new bullet resistant materials in the next few years 
could be as revolutionary in the next few years as Kevlar was for body 
armor in the 1970s. Exciting new technologies such as bonded acrylic, 
polymers, polycarbons, aluminized material and transparent ceramics 
promise to provide for lighter, more versatile and hopefully less 
expensive bullet resistant equipment.
  The Officer Dale Claxton bill also directs the NIJ to inventory 
existing technologies in the private sector, in surplus military 
property, and in use by other countries and to evaluate, develop 
standards, establish testing guidelines, and promote technology 
transfer.
  Under the bill, the Institute would give priority in testing and 
feasibility studies to law enforcement partnerships developed in 
coordination with existing High Intensity Drug Trafficking Areas 
(HIDTAs).
  Our nation's state, local and tribal law enforcement officers 
regularly put their lives in harm's way and deserve to have access to 
the bullet resistant equipment they need. The Officer Dale Claxton bill 
will both get life saving bullet resistant equipment deployed into the 
field where it is needed and accelerate the development of new 
lifesaving bullet resistant technologies. I urge my colleagues to 
support passage of this bill.
  I ask unanimous consent that the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 726

       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 ``Officer Dale Claxton Bullet 
     Resistant Police Protective Equipment Act of 1999''.

     SEC. 2. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1) Officer Dale Claxton of the Cortez, Colorado, Police 
     Department was shot and killed by bullets that passed through 
     the windshield of his police car after he stopped a stolen 
     truck, and his life may have been saved

[[Page S3456]]

     if his police car had been equipped with bullet resistant 
     equipment;
       (2) 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 access to 
     additional bullet resistant equipment;
       (3) according to studies, between 1985 and 1994, 709 law 
     enforcement officers in the United States were feloniously 
     killed in the line of duty;
       (4) the Federal Bureau of Investigation estimates that the 
     risk of fatality to law enforcement officers while not 
     wearing bullet resistant equipment, such as an armor vest, is 
     14 times higher than for officers wearing an armor vest;
       (5) 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
       (6) 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''.
       (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 officers with bullet 
     resistant equipment and video cameras.

     SEC. 3. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BULLET 
                   RESISTANT EQUIPMENT.

       (a) In General.--Part Y of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 is amended--
       (1) by striking the part designation and part heading and 
     inserting the following:

         ``PART Y--MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT

             ``Subpart A--Grant Program For Armor Vests'';

       (2) by striking ``this part'' each place that term appears 
     and inserting ``this subpart''; and
       (3) by adding at the end the following:

       ``Subpart B--Grant Program For Bullet Resistant Equipment

     ``SEC. 2511. PROGRAM AUTHORIZED.

       ``(a) In General.--the Director of the Bureau of Justice 
     Assistance is authorized to make grants to States, units of 
     local government, and Indian tribes to purchase bullet 
     resistant equipment for use by State, local, and tribal law 
     enforcement officers.
       ``(b) Uses of Funds.--Grants awarded 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 bullet resistant equipment 
     for law enforcement officers in the jurisdiction of the 
     grantee.
       ``(c) Preferential Consideration.--In awarding grants under 
     this subpart, the Director of the Bureau of Justice 
     Assistance may give preferential consideration, if feasible, 
     to an application from a jurisdiction that--
       ``(1) has the greatest need for bullet resistant equipment 
     based on the percentage of law enforcement officers in the 
     department who do not have access to a vest;
       ``(2) has a violent crime rate at or above the national 
     average as determined by the Federal Bureau of Investigation; 
     or
       ``(3) has not received a block grant under the Local Law 
     Enforcement Block Grant program described inder the heading 
     `Violent Crime Reduction Programs, State and Local Law 
     Enforcement Assistance' of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1998 (Public Law 105-119).
       ``(d) Minimum Amount.--Unless all eligible applications 
     submitted by any State or unit of local government within 
     such State for a grant under this section have been funded, 
     such State, together with grantees within the State (other 
     than Indian tribes), shall be allocated in each fiscal year 
     under this section not less than 0.50 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 .25 percent.
       ``(e) Maximum Amount.--A qualifying State, unit of local 
     government, or Indian tribe may not receive more than 5 
     percent of the total amount appropriated in each fiscal year 
     for grants under this section, except that a State, together 
     with the grantees within the State may not receive more than 
     20 percent of the total amount appropriated in each fiscal 
     year for grants under this section.
       ``(f) Matching Funds.--The portion of the costs of a 
     program provided by a grant under subsection (a) may not 
     exceed 50 percent. 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 subpart shall be awarded to units of 
     local government with fewer than 100,000 residents.

     ``SEC. 2512. APPLICATIONS.

       ``(a) In General.--To request a grant under this subpart, 
     the chief executive of a State, unit of local government, or 
     Indian tribe shall submit an application to the Director of 
     the Bureau of Justice Assitance in such form and containing 
     such information as the Director may reasonably require.
       ``(b) Regulations.--Not later than 90 days after the date 
     of the enactment of this subpart, the Director of the Bureau 
     of Justice Assistance shall promulgate regulations to 
     implement this section (including the information that must 
     be included and the requirements that the States, units of 
     local government, and Indian tribes must meet) in submitting 
     the applications required under this section.
       ``(c) Eligibility.--A unit of local government that 
     receives funding under the Local Law Enforcement Block Grant 
     program (described under the heading `Violent Crime Reduction 
     Programs, State and Local Law Enforcement Assistance' of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1998 (Public Law 
     104-119)) during a fiscal year in which it submits an 
     application under this subpart shall not be eligible for a 
     grant under this subpart unless the chief executive officer 
     of such unit of local government certifies and provides an 
     explanation to the Director that the unit of local government 
     considered or will consider using funding received under the 
     block grant program for any or all of the costs relating to 
     the purchase of bullet resistant equipment, but did not, or 
     does not expect to use such funds for such purpose.

     ``SEC. 2513. DEFINITIONS.

       ``In this subpart--
       ``(1) the term `equipment' means windshield glass, car 
     panels, shileds, and protective gear;
       ``(2) the term `State' means each of the 50 States, the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     United States Virgin Islands, American Samoa, Guam, and the 
     Northern Mariana Islands;
       ``(3) 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;
       ``(4) 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)); and
       ``(5) 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.

              ``Subpart C--Grant Program For Video Cameras

     ``SEC. 2521. PROGRAM AUTHORIZED.

       ``(a) In General.--The Director of the Bureau of Justice 
     Assistance is authorized to make grants to States, units of 
     local government, and Indian tribes to purchase video cameras 
     for use by State, local, and tribal law enforcement agencies 
     in law enforcement vehicles.
       ``(b) Uses of Funds.--Grants awarded 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 video cameras for law 
     enforcement vehicles in the jurisdiction of the grantee.
       ``(c) Preferential Consideration.--In awarding grants under 
     this subpart, the Director of the Bureau of Justice 
     Assistance may give preferential consideration, if feasible, 
     to an application from a jurisdiction that--
       ``(1) has the greatest need for video cameras, based on the 
     percentage of law enforcement officers in the department do 
     not have access to a law enforcement vehicle equipped with a 
     video camera;
       ``(2) has a violent crime rate at or above the national 
     average as determined by the Federal Bureau of Investigation; 
     or
       ``(3) has not received a block grant under the Local Law 
     Enforcement Block Grant program described under the heading 
     `Violent Crime Reduction Programs, State and Local Law 
     Enforcement Assistance' of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1998 (Public Law 105-119).
       (d) Minimum Amount.--Unless all eligible applications 
     submitted by any State or unit of local government within 
     such State for a grant under this section have been funded, 
     such State, together with grantees within the State (other 
     than Indian tribes), shall be allocated in each fiscal year 
     under this section not less than 0.50 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.
       ``(e) Maximum Amount.--A qualifying State, unit of local 
     government, or Indian tribe may not receive more than 5 
     percent of the total amount appropriated in each fiscal year 
     for grants under this section, except that a State, together 
     with the grantees within the State may not receive more than 
     20 percent of the total amount appropriated in each fiscal 
     year for grants under this section.
       ``(f) Matching Funds.--The portion of the costs of a 
     program provided by a grant under subsection (a) may not 
     exceed 50 percent. 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.

[[Page S3457]]

       ``(g) Allocation of Funds.--At least half of the funds 
     available under this subpart shall be awarded to units of 
     local government with fewer than 100,000 residents.

     ``SEC. 2522. APPLICATIONS.

       ``(a) In General.--To request a grant under this subpart, 
     the chief executive of a State, unit of local government, or 
     Indian tribe shall submit an application to the Director of 
     the Bureau of Justice Assistance in such form and containing 
     such information as the Director may reasonably require.
       ``(b) Regulations.--Not later than 90 days after the date 
     of the enactment of this subpart, the Director of the Bureau 
     of Justice Assistance shall promulgate regulations to 
     implement this section (including the information that must 
     be included and the requirements that the States, units of 
     local government, and Indian tribes must meet) in submitting 
     the applications required under this section.
       ``(c) Eligibility.--A unit of local government that 
     receives funding under the Local Law Enforcement Block Grant 
     program (described under the heading `Violent Crime Reduction 
     Programs, State and Local Law Enforcement Assistance' of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1998 (Public Law 
     105-119)) during a fiscal year in which it submits an 
     application under this subpart shall not be eligible for a 
     grant under this subpart unless the chief executive officer 
     of such unit of local government certifies and provides an 
     explanation to the Director that the unit of local government 
     considered or will consider using funding received under the 
     block grant program for any or all of the costs relating to 
     the purchase of video cameras, but did not, or does not 
     expect to use such funds for such purpose.

     ``SEC. 2523. DEFINITIONS.

       ``In this subpart--
       ``(1) 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));
       ``(2) 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;
       ``(3) the term `State' means each of the 50 States, the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     United States Virgin Islands, American Samoa, Guam, and the 
     Northern Mariana Islands; and
       ``(4) 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.''.
       (b) Authoriation of Appropriations.--Section 1001(a) of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3793(a)) is amended by striking paragraph (23) and inserting 
     the following:
       ``(23) There are authorized to be appropriated to carry out 
     part Y--
       ``(A) $25,000,000 for each of fiscal years 2000 through 
     2002 for grants under subpart A of that part;
       ``(B) $40,000,000 for each of fiscal years 2000 through 
     2002 for grants under subpart B of that part; and
       ``(C) $25,000,000 for each of fiscal years 2000 through 
     2002 for grants under subpart C of that part.''.

     SEC. 4. SENSE OF THE CONGRESS.

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

     SEC. 5. TECHNOLOGY DEVELOPMENT.

       Section 202 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3722) is amended by 
     adding at the end the following:
       ``(e) Bullet Resistant Technology Development.--
       ``(1) In general.--The institute is authorized to--
       ``(A) conduct research and otherwise work to develop new 
     bullet resistant technologies (i.e., acrylic, polymers, 
     aluminized material, and transparent ceramics) for use in 
     police equipment (including windshield glass, car panels, 
     shields, and protective gear);
       ``(B) inventory bullet resistant technologies used in the 
     private sector, in surplus military property, and by foreign 
     countries;
       ``(C) promulgate relevant standards for, and conduct 
     technical and operational testing and evaluation of, bullet 
     resistant technology and equipment, and otherwise facilitate 
     the use of that technology in police equipment.
       ``(2) Priority.--In carrying out this subsection, the 
     Institute shall give priority in testing and engineering 
     surveys to law enforcement partnerships developed in 
     coordination with High Intensity Drug Trafficking Areas.
       ``(3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $3,000,000 
     for fiscal years 2000 through 2002.''.
                                 ______