USC Subchapter XXIV

USC Subchapter XXIV
in effect

34 U.S.C. § 10530 Patrick Leahy Bulletproof Vest Partnership Grant Program

The program under this subchapter shall be known as the “Patrick Leahy Bulletproof Vest Partnership Grant Program”.

34 U.S.C. § 10531 Program authorized

(a) In generalThe Director of the Bureau of Justice Assistance is authorized to make grants to States, units of local government, and Indian tribes to purchase armor vests for use by State, local, and tribal law enforcement officers and State and local court officers. (b) Uses of fundsGrants awarded under this section shall be—(1) distributed directly to the State, unit of local government, State or local court, or Indian tribe; and (2) used for the purchase of armor vests for law enforcement officers in the jurisdiction of the grantee. (c) Preferential considerationIn awarding grants under this subchapter, 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 armor vests based on the percentage of law enforcement officers in the department who do not have access to a vest; (2) has, or will institute, a mandatory wear policy that requires on-duty law enforcement officers to wear armor vests whenever feasible; (3) has a violent crime rate at or above the national average as determined by the Federal Bureau of Investigation; and (4) provides armor vests to law enforcement officers that are uniquely fitted for such officers, including vests uniquely fitted to individual female law enforcement officers; or (5) 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 amountUnless 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 amountA 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(1) In generalThe portion of the costs of a program provided by a grant under 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). (2) Indian assistanceAny 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. (3) Limitation on matching fundsA State, unit of local government, or Indian tribe may not use funding received under any other Federal grant program to pay or defer the cost, in whole or in part, of the matching requirement under paragraph (1). (4) WaiverThe Director may waive in whole or in part, the match requirement of paragraph (1) in the case of fiscal hardship, as determined by the Director. (g) Allocation of fundsFunds available under this subchapter 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 subchapter shall be awarded to other qualifying applicants. (h) Expiration of appropriated funds(1) DefinitionIn this subsection, the term “appropriated funds” means any amounts that are appropriated for any of fiscal years 2016 through 2020 to carry out this subchapter. (2) ExpirationAll appropriated funds that are not obligated on or before December 31, 2022 shall be transferred to the General Fund of the Treasury not later than January 31, 2023.

34 U.S.C. § 10532 Applications

(a) In generalTo request a grant under this subchapter, 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) RegulationsNot later than 90 days after June 16, 1998, 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) EligibilityA 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 subchapter shall not be eligible for a grant under this subchapter 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 armor vests, but did not, or does not expect to use such funds for such purpose. (d) Applications in conjunction with purchasesIf 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.

34 U.S.C. § 10533 Definitions

For purposes of this subchapter— (1) the term “armor vest” 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 that has been tested through the voluntary compliance testing program, and found to meet or exceed the requirements of NIJ Standard 0115.00, or any revision of such standard; (2) the term “body armor” means any product sold or offered for sale as personal protective body covering intended to protect against gunfire, stabbing, or other physical harm; (3) 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; (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; (5) the term “Indian tribe” has the same meaning as in section 5304(e) of title 25; and (6) 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.

34 U.S.C. § 10534 James Guelff and Chris McCurley Body Armor Act of 2002

(a) Short titleThis section may be cited as the “James Guelff and Chris McCurley Body Armor Act of 2002”. (b) FindingsCongress finds that—(1) nationally, police officers and ordinary citizens are facing increased danger as criminals use more deadly weaponry, body armor, and other sophisticated assault gear; (2) crime at the local level is exacerbated by the interstate movement of body armor and other assault gear; (3) there is a traffic in body armor moving in or otherwise affecting interstate commerce, and existing Federal controls over such traffic do not adequately enable the States to control this traffic within their own borders through the exercise of their police power; (4) recent incidents, such as the murder of San Francisco Police Officer James Guelff by an assailant wearing 2 layers of body armor, a 1997 bank shoot out in north Hollywood, California, between police and 2 heavily armed suspects outfitted in body armor, and the 1997 murder of Captain Chris McCurley of the Etowah County, Alabama Drug Task Force by a drug dealer shielded by protective body armor, demonstrate the serious threat to community safety posed by criminals who wear body armor during the commission of a violent crime; (5) of the approximately 1,500 officers killed in the line of duty since 1980, more than 30 percent could have been saved by body armor, and the risk of dying from gunfire is 14 times higher for an officer without a bulletproof vest; (6) the Department of Justice has estimated that 25 percent of State and local police are not issued body armor; (7) the Federal Government is well-equipped to grant local police departments access to body armor that is no longer needed by Federal agencies; and (8) Congress has the power, under the interstate commerce clause and other provisions of the Constitution of the United States, to enact legislation to regulate interstate commerce that affects the integrity and safety of our communities. (c) DefinitionsIn this section:(1) Body armorThe term “body armor” means any product sold or offered for sale, in interstate or foreign commerce, as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment. (2) Law enforcement agencyThe term “law enforcement agency” means an agency of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (3) Law enforcement officerThe term “law enforcement officer” means any officer, agent, or employee of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (d) Amendment of sentencing guidelines with respect to body armor(1) In generalPursuant to its authority under section 994(p) of title 28, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and the policy statements of the Commission, as appropriate, to provide an appropriate sentencing enhancement for any crime of violence (as defined in section 16 of title 18) or drug trafficking crime (as defined in section 924(c) of title 18) (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) in which the defendant used body armor. (2) Sense of CongressIt is the sense of Congress that any sentencing enhancement under this subsection should be at least 2 levels. (e) Omitted (f) Donation of Federal surplus body armor(1) DefinitionsIn this subsection, the terms “Federal agency” and “surplus property” have the meanings given such terms under section 102 of title 40. (2) Donation of body armorNotwithstanding sections 541–555 of title 40, the head of a Federal agency may donate body armor directly to any State or local law enforcement agency, if such body armor—(A) is in serviceable condition; (B) is surplus property; and (C) meets or exceeds the requirements of National Institute of Justice Standard 0101.03 (as in effect on November 2, 2002). (3) Notice to AdministratorThe head of a Federal agency who donates body armor under this subsection shall submit to the Administrator of General Services a written notice identifying the amount of body armor donated and each State or local law enforcement agency that received the body armor. (4) Donation by certain officers(A) Department of JusticeIn the administration of this subsection with respect to the Department of Justice, in addition to any other officer of the Department of Justice designated by the Attorney General, the following officers may act as the head of a Federal agency:(i) The Administrator of the Drug Enforcement Administration. (ii) The Director of the Federal Bureau of Investigation. (iii) The Commissioner of the Immigration and Naturalization Service. (iv) The Director of the United States Marshals Service. (B) Department of the TreasuryIn the administration of this subsection with respect to the Department of the Treasury, in addition to any other officer of the Department of the Treasury designated by the Secretary of the Treasury, the following officers may act as the head of a Federal agency:(i) The Director of the Bureau of Alcohol, Tobacco, and Firearms. (ii) The Commissioner of U.S. Customs and Border Protection. (iii) The Director of the United States Secret Service. (5) No liabilityNotwithstanding any other provision of law, the United States shall not be liable for any harm occurring in connection with the use or misuse of any body armor donated under this subsection.

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