[Federal Register: September 23, 1998 (Volume 63, Number 184)]
[Rules and Regulations]               
[Page 50759-50762]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23se98-8]

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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

[[Page 50762]]

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]
BILLING CODE 4410-18-P