[Federal Register Volume 63, Number 184 (Wednesday, September 23, 1998)]
[Rules and Regulations]
[Pages 50759-50762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25336]
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DEPARTMENT OF JUSTICE
Bureau of Justice Assistance
28 CFR Part 33
[OJP(BJA)-1192]
RIN 1121-AA48
Bulletproof Vest Partnership Grant Act of 1998
AGENCY: Office of Justice Programs, Bureau of Justice Assistance (BJA),
DOJ.
ACTION: Interim final rule.
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SUMMARY: This part delineates the process by which the Bureau of
Justice Assistance (BJA), Director, authorized by the Bulletproof Vest
Partnership Grant Act of 1998 (Act), will provide armor vests to
eligible States, units of local government, and Indian tribes for use
by law enforcement officers. BJA will provide eligible applicants that
participate in the program assistance in selecting and purchasing body
armor vests. Specifically, BJA will provide information regarding the
range of vests that have been tested by the National Institute of
Justice (NIJ) and are found to meet or exceed the NIJ Standard 0101.03.
Eligible applicants can then select vests from the list of NIJ-tested
models found to meet or exceed the NIJ Standard 0101.03. BJA will pay
up to 50% of the cost, either directly or indirectly through a third
party, of the vests selected by eligible applicants. Eligible
applicants will pay the remainder of the total cost. Total cost will
include the cost of the armor vests, taxes, shipping, and handling. The
manufacturer will send the vests directly to the eligible applicants
that ordered them.
Information regarding all other application requirements of the
program will be available in BJA's Bulletproof Vest Partnership
Guidelines that will be completed when Congress has appropriated funds
for this assistance program. Once compiled, the Guidelines will be
available through the BJA Home Page at www.ojp.usdoj.gov/BJA and
through the Department of Justice Response Center at 1-800-421-6770.
Until the Guidelines are available, interested parties are asked to
check the above sources for updates on the status of this program.
DATES: This interim final rule is effective on September 23, 1998;
comments on this rule must be received on or before November 23, 1998.
ADDRESSES: Comments should be sent to: Bulletproof Vest Partnership
Program, Bureau of Justice Assistance, 810 Seventh Street NW,
Washington, DC 20531.
FOR FURTHER INFORMATION CONTACT: See the BJA Home Page at
www.ojp.usdoj.gov/BJA or call the Department of Justice Response Center
at 1-800-421-6770.
SUPPLEMENTARY INFORMATION:
Introduction
This interim final rule establishes the program by which BJA will
implement The Bulletproof Vest Partnership Grant Act of 1998 (Act), 42
U.S.C.. 3796ll; Pub. L. 105-181, June 16,1998.
The Bulletproof Vest Partnership Grant Act of 1998
The purpose of this Act is to save lives and prevent injury of law
enforcement officers by helping State, local, and tribal law
enforcement agencies provide officers with armor vests. The Act is
based on Congress' observations that 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.
Law enforcement officers consist of officers, agents, or employees
of State, units of local government, or Indian tribes, 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. BJA
considers law enforcement officers to include those officers, agents,
or employees of State, units of local government, or Indian tribes,
authorized by law or by a government agency to supervise pre-sentenced
and non-sentenced detainees.
The Justice Department estimates approximately 150,000 law
enforcement officers in the United States, or nearly 25 percent, are
not issued body armor. Studies conducted between 1985 and 1994 point
out that over 700 officers in the United States were feloniously killed
in the line of duty while bullet-resistant materials helped save the
lives of more than 2,000 officers. The Federal Bureau of Investigation
(FBI) has estimated that the risk of fatality to officers not wearing
armor vests is 14 times higher than for officers wearing them.
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, constituting a
public safety crisis in Indian country. Moreover, during 1995, there
were approximately 13,000 assaults on state correctional officers, and
about 1,100 assaults on Federal correctional officers, nationwide. Of
those assaults, 14 resulted in fatalities. See Census of State and
Federal Correctional Facilities, 1995, Stephan, James J., U.S.
Department of Justice, Office of Justice Programs, Bureau of Justice
Statistics, August 1997, NCJ-164266.
This Act provides grants of armor vests to States, units of local
government, and Indian tribes as a preventive measure to better ensure
their safety as these officers implement violent crime prevention
initiatives across the United States.
Armor Vests
Armor vests have been defined as body armor that meets or exceeds
the requirements of National Institute of Justice (NIJ) Standard
0101.03: Ballistic Resistance of Police Body Armor. Law enforcement
fatality statistics compiled by the FBI annually suggest that a large
percentage of officer fatalities may have been prevented if the
officers had been wearing body armor. Based on this observation, this
Act reinforces the message to law enforcement administrators that they
should make every effort to encourage their officers to wear
appropriate body armor throughout each duty shift. Although designed
primarily to protect against handgun assault, soft body armor has
prevented serious and potentially fatal injuries from traffic accidents
(both automobile and motorcycle), from physical assault with improvised
clubs, and, to some extent, from knives. To facilitate the acquisition
of appropriate body armor, the National Law Enforcement and Corrections
Technology Center (Center) of the National Institute of Justice (NIJ)
has identified models of body armor that have been tested and found to
meet the NIJ Standard.
The NIJ Standard
The Standard classifies body armor into six different threat levels
which, in order from lowest to highest level of protection, are Type I,
Type II-A, Type
[[Page 50760]]
II, Type III-A, Type III, and Type IV. The Act requires compliance with
at least a Type I vest which is the lowest or minimum level of
protection that any officer should have. Type II-A armor provides
protection from lower velocity .357 Magnum and 9mm ammunition and Type
II armor provides protection from higher velocity .357 Magnum and 9mm
ammunition. Type III-A armor provides the highest level of protection
available in soft body armor and is suitable for routine wear in many
situations; however, departments located in hot, humid climates may
need to carefully evaluate the use of Type III-A armor.
Types III and IV armor clearly are intended for use only in
tactical situations when the threat warrants such protection. The age
of the vest, whether the vest is properly fitted, and whether the vest
is actually worn are factors the Standard cannot test and are
considered the responsibility of the applying jurisdiction.
Application of the Standard
Responsibility for selection of the appropriate armor vest for
officers within a jurisdiction will be the responsibility of applicant
jurisdictions. BJA will require that all purchased vests are among
those tested and found to comply with the NIJ Standard.
Selection of Appropriate Armor
BJA will rely on NIJ expertise to provide applicants with
information regarding how to select appropriate armor vests. Knowledge
of contraband weapons in correctional facilities and of street weapons
in local areas (confiscated weapons are a good indication) are
essential considerations for selecting armor vests. It is also
essential to consider service weapons used by officers as during the
last decade one in six officers killed was shot with his or her own
weapon. The fit of the vest for each officer also must be considered.
Full coverage of the torso is critical to guard against bullets
entering an officer's side through the opening between the front and
rear vest panels.
Appropriation
Section 1001(a) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793(a)) was amended to add an authorization of
$25,000,000 for each of the fiscal years 1999, 2000, and 2001 to carry
out this Act. Funds will be available after the appropriation has been
passed.
Executive Order 12866
This proposed regulation has been drafted and reviewed in
accordance with Executive Order 12866, section 1(b), Principles of
Regulation. The Office of Justice Programs has determined that this
rule is not a ``significant regulatory action'' under Executive Order
12866, section 3(f), Regulatory Planning and Review, and accordingly
this rule has not been reviewed by the Office of Management and Budget.
Executive Order 12612
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 12612, it is determined that this rule does not have sufficient
federalism implications to warrant preparation of a Federalism
Assessment.
Initial Regulatory Flexibility Analysis
OJP has examined the impact of this interim final rule in light of
Executive Order 12866 and the Regulatory Flexibility Act, 5 U.S.C. 603,
et seq. Currently, OJP has identified over 1500 NIJ-tested vest models
found to meet NIJ Standard 0101.03. These vest models are manufactured
by approximately 60 manufacturers, including small and large
businesses. OJP has identified over 39,000 units of government that
would be eligible to apply for grants of vests under this program if
they have employees meeting the definition of ``law enforcement
officer'' within the meaning of the Act.
Chief Executive Officers (CEOs) of States, local units of
government and Indian tribes will coordinate vest needs for law
enforcement officers within a jurisdiction. CEOs will be given
responsibility for opening purchase accounts through a clearinghouse
operation managed by a designee of OJP. The clearinghouse will include
a full-service support system for applicants and eligible vest
manufacturers. After opening purchase accounts, applicants may access
the shopping portion of the clearinghouse operation as often as
necessary to negotiate and finalize vest orders with individual
manufacturers. Through the full service system, eligible applicants may
place one combined order annually, across multiple manufacturers. These
orders may provide for up to one vest per officer per year. Once an
individual vest order to a manufacturer has been received and verified
as complete by the applicant, payment of the Federal match of up to 50
percent of the total cost of the vest will be tendered to the
manufacturer. The manufacturer will collect the remainder of payment
directly from the applicant.
Section 2(b) of the Act makes clear that a major programmatic
purpose of the Act is ``to save lives of law enforcement officers by
helping State, local, and tribal law enforcement agencies provide
officers with armor vests.'' The Act states that ``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 during that same period, ``709 law enforcement officers
in the United States were feloniously killed in the line of duty.''
Sec. 2(a)(2), 2(a)(5). Moreover, Congress noted that ``nearly 25
percent'' of law enforcement officers across the United States ``are
not issued body armor.'' Sec. 2(a)(4), and that ``the number of law
enforcement officer * * * 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.'' Furthermore, ``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.'' Sec. 2(a)(3).
OJP has considered alternatives to the system devised in this
interim final rule for the grant of body armor vests for law
enforcement officers, none of which would effectively or efficiently
accomplish its programmatic objectives. For reasons of programmatic
viability, manufacturers of NIJ-tested body armor vests will sell and
deliver all vests directly to applicants. This process will not involve
the multitude of intermediary product providers such as retailers,
individual and corporate distributors, and mail order businesses. Only
by requiring direct purchase and delivery of vests from manufacturers
can OJP accommodate the need for wide-ranging customization requests,
ensure quality control, encourage economic incentives and cost savings,
and facilitate swift completion of transactions.
Because these statistics are cause for considerable and immediate
concern, OJP has crafted a system to carry out the terms of the Act in
an expeditious manner, yet retain programmatic viability. Quality
control, timeliness in completing transactions, and economies of scale
are all significant features of the system, would support the
programmatic purpose, and would most
[[Page 50761]]
effectively address the concerns raised by these statistics. The
manufacturers are best able to effectively handle large volume orders,
a characteristic typical of larger law enforcement agencies, as well as
orders coming from multiple agencies simultaneously.
Moreover, in many instances, single product pieces will require
customizing to suit an individual's needs. Customization of individual
pieces would best be handled directly by manufacturers. In addition, to
ensure quality control, all vests provided must be tested subject to
the NIJ Standard; manufacturers can best accommodate the sale of
products in large volume that are required to be NIJ-tested, and can do
so in a timely manner without involving additional entities.
Furthermore, with regard to economies of scale, the order of vests
directly from manufacturers may afford applicants significant savings
on a cost per unit basis.
OJP recognizes that, because of the potentially diverse opinion in
the small business community regarding the affect of this interim final
rule, not all interested persons may have been fully represented prior
to its publication. OJP is therefore requesting that comments be
submitted to help insure that the concerns of all interested parties
are considered. Comments should identify the type of business,
including the number of individuals involved and the annual volume of
business conducted, and how the regulatory requirements in this interim
final rule would impact that business. Comments and suggestions may
also be provided, within the statutory requirements, regarding how the
final rule might be better tailored to the business without
compromising the basic mandate of the law to provide for the grant of
body armor vests for law enforcement officers.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
Tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not uniquely affect
small governments. Therefore, no actions were deemed necessary under
the provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. This rule
will not result in an annual effect on the economy of $100,000,000 or
more; a major increase in cost or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based companies to
compete in domestic and export markets.
Paperwork Reduction Act
The collection of information requirements contained in this
regulation will be submitted to the Office of Management and Budget for
review under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
Good Cause Exception
This regulation is being published as an interim final rule,
without prior publication of notice and comment, and is made effective
immediately, for good cause. Under 5 U.S.C. 553(a)(2), matters relating
to grants are exempted from notice and comment requirements. Moreover,
in this case, advance notice and comment would be impractical,
unnecessary, and contrary to the public interest in the prompt
implementation of the assistance program.
The Act requires that BJA must promulgate final implementing
regulations within 90 days of the June 16, 1998 enactment of the Act.
In order to comply with this requirement, these regulations must be
made effective immediately so that eligible States can apply for grants
of armor vests.
To publish a notice of proposed rulemaking and await receipt of
comments would delay significantly the implementation of this
assistance program. Such delay would be contrary to the public interest
and would contradict the Congressional intent to provide immediate
grants of armor vests, to eligible states, units of local government,
and Indian tribes for use by law enforcement officers. However, BJA is
extremely interested in receiving public comment on all aspects of this
program, and will consider fully all such comments submitted on or
before November 23, 1998, in preparing a final rule.
List of Subjects in 28 CFR Part 33
Administrative practice and procedure, Grants.
For the reasons set forth in the preamble, 28 CFR part 33 is
amended as follows:
PART 33--BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS
1. The Heading for part 33 is revised as set forth above.
2. The authority citation for part 31 is revised to read as
follows:
Authority: Omnibus Crime Control and Safe Streets Act of 1968,
42 U.S.C. 3701, et seq., as amended (Pub. L. 90-351, as amended by
Pub. L. 93-83, Pub. L. 93-415, Pub. L. 94-430, and Pub. L. 94-503,
Pub. L. 95-115, Pub. L. 96-157, and Pub. L. 98-473) (the Justice
Assistance Act of 1984); Pub. L. 105-181, 112 Stat. 512, 42 U.S.C.
3796ll.
3. The designations ``Subpart A through Subpart I'' are removed and
the headings remain as undesignated center headings.
Secs. 33.1 through 33.80 and undesignated center headings [Designated
as Subpart A]
4. Sections 33.1 through 33.80, and the undesignated center
headings, are designated as subpart A and a new subpart heading is
added to read as follows:
Subpart A--Criminal Justice Block Grants
Sec. 33.1 [Amended]
5. Section 33.1 is amended by revising ``This part'' to read as
follows: ``This subpart''
Sec. 33.3 [Amended]
6. Section 33.3 is amended by revising ``this part 33'' to read as
follows: ``this subpart A''
7. Section 33.40 is amended by revising ``This subpart sets'' to
read as follows: ``Sections 33.40 and 33.41 set.''
8. Part 33 is further amended by adding the following new subpart B
to read as follows:
Subpart B--Bulletproof Vest Partnership Grant Program Applying for the
Program
Sec.
33.100 Definitions.
33.101 Standards and requirements.
33.102 Preferences.
33.103 How to apply.
Subpart B--Bulletproof Vest Partnership Grant Program Applying for
the Program
Sec. 33.100 Definitions.
The Bureau of Justice Assistance (BJA) will use the following
definitions in providing guidance to your jurisdiction regarding the
purchase of armor vests under the Bulletproof Vest Partnership Grant
Act of 1998--
(a) The term program will refer to the activities administered by
BJA to implement the Bulletproof Vest Partnership Grant Act of 1998;
(b) The terms you and your will refer to a jurisdiction applying to
this program;
(c) The term armor vest under this program will mean a vest that
has met the performance standards established by the National Law
Enforcement and Corrections Technology Center of the National Institute
of Justice (NIJ) as
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published in NIJ Standard 0101.03, or any formal revision of this
standard;
(d) The term State will be used to mean each of the 50 States, as
well as the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the Northern
Mariana Islands;
(e) The term unit of local government will mean a county,
municipality, town, township, village, parish, borough, or other unit
of general government below the State level;
(f) 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)) which defines Indian tribe as meaning any Indian tribe,
band, nation, or other organized group or community, including any
Alaska Native village or regional or village corporation as defined in
or established pursuant to the Alaska Native Claims Settlement Act (85
Stat. 688) (43 U.S.C. 1601 et seq.);
(g) The term law enforcement officer will mean 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; and
(h) The term mandatory wear policy will mean a policy formally
adopted by a jurisdiction that requires a law enforcement officer to
wear an armor vest throughout each duty shift whenever feasible.
Sec. 33.101 Standards and requirements.
This program has been developed to assist your jurisdiction with
selecting and obtaining high quality armor vests in the quickest and
easiest manner available. The program will assist your jurisdiction in
determining which type of armor vest will best suit your jurisdiction's
needs, and will ensure that each armor vest obtained through this
program meets the NIJ standard.
(a) Your jurisdiction will be provided with model numbers for armor
vests that meet the NIJ Standard in order to ensure your jurisdiction
receives the approved vests in the quickest manner;
(b) If you are a State or unit of local government, your
jurisdiction will be required to partner with the Federal government in
this program by paying at least 50 percent of the total cost for each
armor vest purchased under this program. These matching funds may not
be obtained from another Federal source;
(c) If you are an Indian tribe, your jurisdiction will be required
to partner with the Federal government in this program by paying at
least 50 percent of the total cost for each armor vest purchased under
this program. Total cost will include the cost of the armor vests,
taxes, shipping, and handling. You may use any funds appropriated by
Congress toward the performing of law enforcement functions on your
lands as matching funds for this program or any funds appropriated by
Congress for the activities of any agency of your tribal government;
(d) BJA will conduct outreach to ensure that at least half of all
funds available for armor vest purchases be given to units of local
government with fewer than 100,000 residents;
(e) Each State government is responsible for coordinating the needs
of law enforcement officers across agencies within its own jurisdiction
and making one application per fiscal year;
(f) Each unit of local government and Indian tribe is responsible
for coordinating the needs of law enforcement officers across agencies
within its own jurisdiction and making one application per fiscal year;
(g) Your individual jurisdiction may not receive more than 5
percent of the total program funds in any fiscal year;
(h) The 50 States, the District of Columbia, and the Commonwealth
of Puerto Rico, together with their units of local government, each may
not receive less than one half percent and not more than 20 percent of
the total program funds during a fiscal year;
(i) The United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands, together with their units of local
government, each may not receive less than one fourth percent and not
more than 20 percent of the total program funds during a fiscal year;
and
(j) If your jurisdiction also is applying for a Local Law
Enforcement Block Grant (LLEBG), then you will be asked to certify:
(1) Whether LLEBG funds will be used to purchase vests; and, if
not,
(2) Whether your jurisdiction considered using LLEBG funds to
purchase vests, but has concluded it will not use its LLEBG funds in
that manner.
Sec. 33.102 Preferences.
BJA may give preferential consideration, at its discretion, to an
application from a jurisdiction that--
(a) Has the greatest need for armor vests based on the percentage
of law enforcement officers who do not have access to an armor vest;
(b) Has, or will institute, a mandatory wear policy that requires
on-duty law enforcement officers to wear armor vests whenever feasible;
and
(c) Has a violent crime rate at or above the national average as
determined by the Federal Bureau of Investigation; or
(d) Has not received a Local Law Enforcement Block Grant.
Sec. 33.103 How to apply.
BJA will issue Guidelines regarding the process to follow in
applying to the program for grants of armor vests.
Dated: September 16, 1998.
Richard H. Ward, III,
Acting Director, Bureau of Justice Assistance.
[FR Doc. 98-25336 Filed 9-22-98; 8:45 am]
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