[Congressional Record (Bound Edition), Volume 158 (2012), Part 9]
[House]
[Pages 12923-12925]
[From the U.S. Government Publishing Office, www.gpo.gov]




EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM REAUTHORIZATION 
                              ACT OF 2012

  Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 6062) to reauthorize the Edward Byrne Memorial Justice 
Assistance Grant Program through fiscal year 2017.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6062

       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 ``Edward Byrne Memorial 
     Justice Assistance Grant Program Reauthorization Act of 
     2012''.

     SEC. 2. REAUTHORIZATION OF BYRNE JAG GRANTS.

       Section 508 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3758) is amended by 
     inserting before the period the following: ``, and 
     $800,000,000 for each of the fiscal years 2013 through 
     2017''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Smith) and the gentleman from Virginia (Mr. Scott) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on H.R. 6062 currently 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I thank my Judiciary Committee colleague Mr. Marino for 
his leadership on this law enforcement priority.
  The Edward Byrne Memorial Justice Assistance Grant Program is the 
centerpiece of the federal government's assistance for state and local 
criminal justice initiatives. It was created in 2005 when two existing 
federal grant programs were combined.
  Byrne JAG is a streamlined block grant program that empowers states 
and localities to address specific law enforcement challenges.
  Byrne JAG funding is distributed by the Justice Department based on a 
formula that considers the jurisdictions' population and crime rates.
  Some of the money is kept at the state level but much of it is 
distributed to localities.
  Jurisdictions can tailor their spending based on their own 
communities' needs. These include prosecution and court programs, drug 
treatment programs and crime victims programs.
  In my district, Byrne JAG funds have been used by the City of Austin 
to hire additional 911-call operators, purchase protective gear for law 
enforcement officers and provide training on forensics technology. 
These are all important public safety initiatives that were prioritized 
by local leaders.
  Byrne JAG is currently authorized at $1.1 billion per year, although 
this authorization is set to expire at the end of September when the 
current fiscal year ends.
  In fiscal year 2012, Congress appropriated $470 million for the Byrne 
JAG program, although $100 million of this money was a one-time set 
aside for this year's presidential nomination conventions.
  H.R. 6062 reauthorizes the Byrne JAG program for five years at $800 
million a year.
  H.R. 6062 enjoys bipartisan support and is widely supported by the 
law enforcement community.
  I thank my Judiciary Committee colleague, Mr. Marino, for his work on 
this issue and I urge my colleagues to support the bill.
  I would like to yield as much time as he may consume to the gentleman 
from Pennsylvania (Mr. Marino), who

[[Page 12924]]

is a member of the Judiciary Committee and the sponsor of this 
legislation.
  Mr. MARINO. Mr. Speaker, Chairman Smith, I rise today in strong 
support of legislation I introduced, H.R. 6062, the Edward Byrne 
Memorial Justice Assistance Grant Program Reauthorization Act of 2012.
  The Edward Byrne Memorial JAG Program is the primary provider of 
Federal criminal justice funding to State and local jurisdictions, and 
it has been referred to as the ``cornerstone Federal crime-fighting 
program.''
  The JAG program provides State and local governments with critically 
needed resources to support a wide range of law enforcement activities, 
including prosecution, prevention, education, planning, corrections, 
treatment, evaluation, and technology.
  As a former district attorney and United States attorney, I 
understand the tremendous value of JAG-funded projects in fighting 
crime by improving the processes, procedures, and operations of 
criminal justice systems.
  My legislation being considered today reauthorizes the JAG program 
for 5 years--I repeat, for 5 years--through fiscal year 2017.
  This legislation is supported by the National Criminal Justice 
Association, the International Association of Chiefs of Police, the 
Major Cities Chiefs Association, the National Sheriffs' Association, 
the National District Attorneys Association, and many more law 
enforcement organizations.
  H.R. 6062 enjoys bipartisan support, including Chairman Smith and 
Ranking Member Conyers of the House Judiciary Committee, who are 
cosponsors. The legislation was considered by the House Judiciary 
Committee and approved by a voice vote on July 18.
  I would like to thank the chairman and the committee for their help 
in ensuring that the authorization for this critical program does not 
lapse. I urge all of my colleagues to join in the support of our State 
and local law enforcement agencies by voting in favor of H.R. 6062.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 6062, the Edward Byrne 
Memorial Justice Assistance Grant Program Reauthorization Act of 2012.
  The Federal justice grants reauthorized under this legislation 
provide critical funding to State and local jurisdictions in their 
efforts to combat crime.
  Especially during periods of national budgetary constraints affecting 
the bottom lines of States and local governments, the Byrne JAG grants 
are particularly important. Across our Nation, many jurisdictions, to 
shore up their budgets, are actually laying off police officers. When 
many of our citizens are experiencing economic hardship, we must not 
add to their burden by allowing public safety to suffer.
  H.R. 6062 reaffirms the Federal Government's commitment to assisting 
State and local governments in their effort to prevent and fight crime. 
But reauthorization of the Byrne JAG grant program is obviously just a 
first step. We must also follow through with actually appropriating 
sufficient funds for the program.
  In addition, we should encourage allocation of grant funds to the 
full range of programs that State and local governments are allowed to 
fund. Under current law, State and local governments may use Byrne JAG 
funding for programs or projects that improve law enforcement efforts; 
prosecution and court programs; prevention and education programs; 
corrections and community corrections; drug treatment programs; 
planning, evaluation, and technology projects; and crime victim and 
witness programs.
  Each of these are essential to a comprehensive effort to protect us 
from crime, and, therefore, all of them should receive significant 
funding under the Byrne JAG grant program. An imbalance in justice 
assistance funding creates an imbalance in anticrime efforts. 
Specifically, an appropriate amount of funding should be allocated to 
prevent crime, which will help reduce the amount of money needed to 
fund the after-crime cost of investigation, prosecution, incarceration, 
and victim assistance.
  We must also assist State and local governments to fund public 
defender programs in recognition of the fact that the public is also 
protected from injustice when we safeguard the Sixth Amendment rights 
of our citizens.
  Finally, it is essential that the full range of other programs that 
assist State and local public safety initiatives, including the COPS 
program, are adequately funded. The COPS program has funded the hiring 
of more than 123,000 State and local police officers and sheriff's 
deputies in communities across our Nation, and it has been proven to be 
extremely effective in reducing crime.

                              {time}  2040

  I am proud to be a cosponsor of H.R. 6062, and I commend the 
gentleman from Pennsylvania (Mr. Marino) for his work on the bill.
  Mr. Speaker, I urge adoption of H.R. 6062 so that we can reaffirm our 
commitment to funding public safety programs, and I reserve the balance 
of my time.
  Mr. SMITH of Texas. Mr. Speaker, I reserve the balance of my time as 
well.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield such time as he may 
consume to the gentleman from New Jersey (Mr. Pallone).
  Mr. PALLONE. I want to thank my colleague from Virginia for yielding 
me the time.
  I just want to reiterate what Mr. Scott just said. I have to say I 
have never had more requests and concern about programs from mayors and 
elected officials in my municipalities than I get for programs like 
this Byrne JAG program, like the COPS program, like the SAFER program 
that deals with fire prevention.
  I think a lot of it has to do with the fact that many of my towns--
and I'm sure this is true across the country--because of the recession, 
because of budgetary constraints are laying off police, laying off 
firemen, don't have the resources, if you will, to deal with a lot of 
the crime prevention problems, so these programs are crucial to them.
  I want to reiterate what Mr. Scott said about the fact that right now 
it's not only a question of reauthorizing, but also making sure that 
there's adequate funding for it. If I could just use an example in my 
own district, and that is that last week I was able to announce that 
several towns in my district, the Sixth District, have been awarded 
grants under the Byrne JAG program to support a broad range of 
activities to prevent and control crime. One grant is administered by 
Neptune and is benefiting both Asbury Park and Long Branch--Long Branch 
being my home town. Another grant is administered by New Brunswick, and 
it's helping Perth Amboy, Edison, and Woodbridge.
  The funding is used to purchase law enforcement equipment and 
supplies. In New Brunswick, it's being used for a police vehicle, which 
will have mobile video and data equipment. This is really all about 
community safety, which is of utmost importance. At a time when our 
local law enforcement has to cope with difficult funding levels, these 
Federal grants make it possible for towns to support critical crime-
prevention activities that protect New Jersey families and their 
residents. I can't stress enough how important this is.
  So I'm just very pleased today that on a bipartisan basis we are 
reauthorizing this, I think, for 5 years. And as Mr. Scott said, the 
next step is to make sure that there's adequate funding because this is 
a crucial program. That's why I came down here tonight to speak about 
it.
  Mr. SCOTT of Virginia. Mr. Speaker, I thank the gentleman from New 
Jersey, and I yield back the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I yield back the balance of my time.
  Ms. CHU. Mr. Speaker, the Edward Byrne Memorial Justice Assistance 
Grant Program has been an invaluable source of funding for state and 
local law enforcement jurisdictions across the country, including in my 
district. Without this broad-based source of funding, safety in our 
communities would suffer. This invaluable grant program supports a wide 
range of areas including from crime prevention and education to 
technology improvements for police departments.

[[Page 12925]]

  In addition, the Byrne JAG Program provides resources for body armor, 
an area that I highlighted during action on H.R. 6062 in the Judiciary 
Committee, of which I am a Member. The grant program allows local law 
enforcement agencies and other grantees to purchase equipment, which 
can include bulletproof and stab-resistant vests. Although the Bureau 
of Justice Assistance (``BJA'') is not required to track body armor 
purchases with Byrne JAG funds, according to a Government 
Accountability Office (GAO) study released in February of this year, 
roughly 14 percent of grantees surveyed had used JAG funds to buy body 
armor in 2010.
  Without a doubt, personal body armor plays a critical role in saving 
law enforcement officers from disabilities and death. As a matter of 
fact, FBI data shows that the risk of death for officers who did not 
wear body armor was 14 times greater than those who did. Despite this 
finding, the Bureau of Justice Statistics estimates that only 71% of 
local police departments require field officers to wear body armor at 
least some of the time, while only 59% of departments require the 
officers to wear protective armor at all times. The benefits from 
wearing body armor are evident, and yet . . . many departments still 
don't require it.
  Recently, the U.S. Attorney General instituted a new requirement for 
Fiscal Year 2011 grantees seeking matching funds from the Bulletproof 
Vest Partnership Act (BVPA)--grantees now need to have mandatory body 
armor wear policies in place. This means that uniformed officers on 
patrol are required to wear a protective vest. Unfortunately, this same 
mandate is not included in the Byrne JAG program.
  This is why I proposed an amendment in Committee--similar to an 
amendment proposed to the BVPA reauthorization by Senator Grassley, 
Ranking Member of the Senate Judiciary Committee, and accepted by that 
Committee--that would have unified this mandatory wear policy and 
extended it to the Byrne JAG program. Chairman Smith graciously noted 
his willingness to work with me on this front, and so I agreed to 
withdraw my amendment, but the issue is still worth mentioning on the 
floor since it is such an important issue. I welcome the interest of 
any of my colleagues who would also like to work with me on ensuring 
the extension of mandatory wear policies for body armor to additional 
federal grantees.
  I highlighted another issue when proposing my amendment in the 
Judiciary Committee, which is body armor fit--an issue that concerns 
all law enforcement officers, but particularly the growing number of 
women in law enforcement. According to Bureau of Justice Statistics, 
the number of women in local law enforcement grew from 7.6% in 1987 to 
12% in 2007. In 2007, women accounted for 18% of sworn officers in 12 
of the 13 largest local police departments.
  The need for properly fitted body armor for women is extremely 
important. Much of the armor currently offered is designed for male 
officers and simply does not take into account the anatomical 
differences. This of course leads to poor fit and discomfort. Fit 
issues also apply to male officers, who we know also come in different 
shapes and sizes. And whenever officers put on body armor that is not 
properly fitted, they are exposing themselves to greater harm since 
they are not as protected as they could be.
  The International Association of Chiefs of Police/DuPont Kevlar 
Survivors' Club (Survivors' Club) has documented more than 3,150 saves 
from disability or death by wearing of or use of protective body armor. 
As noted in a July 19th letter to me from Retired Police Chief Ron 
McBride, Program Manager for Survivors' Club, ``It is appropriate to 
ensure that taxpayers' dollars expended on providing body armor results 
in consistent wear of an issued vest. Protective body armor left in an 
officer's locker provides zero protection. Unique fit is essential to 
optimizing protection. A well fitted armor provides best coverage of an 
officer's torso and is more comfortable to wear. These two issues 
equate to enhanced officer safety.''
  This is why the second part of my amendment offered in committee 
would have required that body armor purchased with Byrne JAG funding be 
uniquely fitted to each officer, including female officers.
  The issue of properly fitted body armor should not be taken lightly 
when considering the overall safety of law enforcement officers. Body 
armor saves lives, but only if it fits properly and is worn by 
officers. I look forward to continuing to work with the Chairman, 
Ranking Member Conyers, and other interested Members in these areas.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Smith) that the House suspend the rules and 
pass the bill, H.R. 6062.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. SCOTT of Virginia. Mr. Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.
  The point of no quorum is considered withdrawn.

                          ____________________