[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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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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