```

[Senate Report 112-182]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 404
112th Congress  }                                           {    Report
  2d Session    }             SENATE                        {   112-182
=======================================================================
 
             BULLETPROOF VEST PARTNERSHIP GRANT ACT OF 2012 

                                _______
                                

                 July 12, 2012.--Ordered to be printed

                                _______
                                

              Mr. Leahy, from the Committee on Judiciary, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                         [To accompany S. 2554]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to which was referred the 
bill (S. 2554), to amend title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 to extend the authorization of the 
Bulletproof Vest Partnership Grant Program through fiscal year 
2017, having considered the same, reports favorably thereon, as 
amended, and recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Background and Purpose of the Bulletproof Vest Partnership Grant 
     Act of 2012......................................................2
 II. History of the Bill and Committee Consideration..................5
III. Section-by-Section Summary of the Bill...........................6
 IV. Congressional Budget Office Cost Estimate........................7
  V. Regulatory Impact Evaluation.....................................8
 VI. Conclusion.......................................................8
VII. Minority Views of Senator Coburn.................................9
VIII.Changes to Existing Law Made by the Bill, as Reported...........10

I. Background and Purpose of the Bulletproof Vest Partnership Grant Act 
                                of 2012

                             A. BACKGROUND

    Since its enactment in 1998, the Bulletproof Vest 
Partnership Grant Act has provided over $300 million to assist 
State and local law enforcement agencies with the procurement 
of nearly one million ballistic-resistant body armor vests. A 
report released by the Government Accountability Office (GAO) 
in February 2012 states that available data shows that since 
1987, body armor has saved the lives of more than 3,000 law 
enforcement officers nationwide.\1\ The RAND Corporation 
conducted research that found law enforcement officers who did 
not wear body armor were 3.4 times more likely to suffer a 
fatal injury from a gunshot to the torso than law enforcement 
officers who are equipped with body armor.\2\ The persistent 
dangers associated with law enforcement work,\3\ advances in 
body armor technology, equipment degradation, and continuing 
budgetary challenges faced by State and local law enforcement 
agencies\4\ commend the improvement and reauthorization of this 
essential lifesaving program.\5\
---------------------------------------------------------------------------
    \1\U.S. Gov't Accountability Office, GAO-12-353, Law Enforcement 
Body Armor: DOJ Could Enhance Grant Management Controls and Better 
Ensure Consistency in Grant Program Requirements 1 (2012).
    \2\Id.
    \3\See, e.g., Preliminary 2012 Fatality Statistics, Nat'l Law 
Enforcement Officers Memorial Fund (2012), http://www.nleomf.org/facts/
officer-fatalities-data/; Law Enforcement Officer Deaths: Preliminary 
2011 Report, Nat'l Law Enforcement Officers Memorial Fund, http://
www.nleomf.org/assets/pdfs/reports/2011-EOY-Report.pdf; Law Enforcement 
Officer Deaths: Preliminary 2010 Report, Nat'l Law Enforcement Officers 
Memorial Fund, http://www.nleomf.org/assets/pdfs/reports/
2010_Law_Enforcement_Fatalities_Report.pdf.
    \4\The Impact of the Economic Downturn on American Police Agencies, 
Office of Community Oriented Policing Services U.S. Dep't of Justice, 
(2011).
    \5\In his minority view, Senator Coburn notes his lone vote 
opposing the Bulletproof Vest Partnership Grant Act of 2012. He also 
opposes the Public Safety Officers Benefits Act, which provides a 
Federal death benefit to the surviving families of first responders who 
are killed in the line of duty. He is objecting to passage of the 
bipartisan, bicameral, and cost-neutral Public Safety Officers' 
Benefits Improvements Act of 2011, S.1696, which would make important 
reforms to a program that has assisted the families of thousands of 
police officers and other first responders who have lost their lives 
protecting their communities and fellow citizens. Chuck Canterbury of 
the Fraternal Order of Police, one of our Nation's law enforcement 
leaders, wrote to the Chairmen of the Senate and House Judiciary 
Committees:
---------------------------------------------------------------------------
      The FOP views this not as a politician embracing the 
      principle of federalism, but as a . . . ploy to place even 
      greater strain between law enforcement and other public 
      safety officers that serve on the local and State level and 
      their colleagues employed by the Federal government. When a 
      police officer puts himself in harm's way, he does not stop 
      to think about jurisdiction. He does not ask the offender 
      if he is committing a local, State, or Federal crime. He 
      acts in the best interest of the safety of those he has 
      sworn to protect. A family that loses a loved one in the 
      line of duty should not just be left adrift, their 
      sacrifice ignored because their loved one was a local 
      firefighter or State Trooper and not a Federal agent.
    The Bulletproof Vest Partnership Grant Act has been 
reauthorized four times since its enactment in 1998.\6\ The 
program was originally authorized at an annual level of $25 
million. It was reauthorized again at that level in 2000. 
Following its first reauthorization, Congress reauthorized the 
program at $50 million for each of fiscal years 2002, 2003, 
2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011 and 2012.
---------------------------------------------------------------------------
    \6\Bulletproof Vest Partnership Grant Act of 2000, Pub. L. No. 106-
517, 114 Stat. 2407 (2000); State Justice Institute Reauthorization Act 
of 2004, Pub. L. No. 108-372, Sec. 4, 118 Stat. 1755 (2004); Violence 
Against Women and Department of Justice Reauthorization Act of 2005, 
Pub. L. No. 109-162, Sec. 1116, 119 Stat. 3104 (2006); Bulletproof Vest 
Partnership Grant Act of 2008, Pub. L. No. 110-421, 122 Stat. 4778 
(2008).
---------------------------------------------------------------------------
    The Bulletproof Vest Partnership Grant Act has 
traditionally enjoyed broad congressional support;\7\ the most 
recent reauthorization passed the House on a vote of 404-2, and 
passed the Senate with unanimous consent.\8\
---------------------------------------------------------------------------
    \7\In his minority view, Senator Coburn states that in his view the 
Bulletproof Vest Partnership Grant Program ``violates the principles of 
federalism outlined in the Constitution.'' The Constitution does not 
prohibit Congress from providing support to State and local law 
enforcement through competitive grant programs. Indeed, section 8 of 
Article I in the Constitution empowers Congress to provide for the 
``general Welfare of the United States.'' Congress provides for the 
general welfare of our Nation by assisting State and local law 
enforcement just as it provides aid to States following tornadoes, 
hurricanes, or wild fires without being expressly ``tasked'' with that 
responsibility by a more specific constitutional clause. Supporting our 
Nation's law enforcement officials in the use and deployment of safety 
equipment, and encouraging more Americans to serve their communities as 
first responders, falls squarely within this constitutional provision. 
Congress has traditionally acted to support our Federal system through 
beneficial legislation for the States, which in turn benefits the 
Nation as a whole.
    State and local law enforcement officials often serve as our first 
responders and first line of defense in national security emergencies 
and natural disasters. The Federal Government works with State and 
local law enforcement agencies on a variety of joint task forces 
including national and regional Joint Terrorism Task Forces, Cyber 
Crime Task Forces, and the Innocent Images National Initiative. In 
light of the broad assistance State and local law enforcement officials 
provide to their Federal counterparts, modest Federal support for 
protective equipment for State and local law enforcement agents is 
appropriate. These relationships strengthen our Federal system.
    \8\154 Cong. Rec. H9980 (September 26, 2008), 154 Cong. Rec. S10184 
(September 30, 2008).
---------------------------------------------------------------------------

                  B. KEY PROVISIONS OF THE LEGISLATION

    The Bulletproof Vest Partnership Grant Act of 2012, S. 
2554, would reauthorize the Bulletproof Vest Partnership Grant 
program established by Public Law No. 105-181, through Fiscal 
Year 2017. It would reauthorize the program at a level of $15 
million for fiscal years 2013 and 2014, and would increase the 
authorization level to $30 million for fiscal years 2015, 2016, 
and 2017. In addition to the revised authorization levels, the 
legislation makes several other changes to the program as 
described below.
    In response to a recent Government Accountability Office 
(GAO) report detailing the existence of obligated, undisbursed 
balances at the Department of Justice's Office of Justice 
Programs,\9\ which had been appropriated pursuant to the Act's 
authorization, S. 2554 would adjust the authorization of 
appropriations to $15,000,000 for each of fiscal years 2013 and 
2014 and raise it to $30,000,000 for each of fiscal years 2015, 
2016 and 2017. The adjusted authorization levels for fiscal 
years 2013 and 2014 do not reflect any desire to reduce overall 
funding of the program. Rather, S. 2554 encourages the 
Department of Justice to supplement appropriations during 
fiscal years 2013 and 2014 with existing obligated but 
undisbursed funds that accrued between fiscal years 1999-2011, 
estimated by the GAO to be approximately $27 million.\10\ The 
bill would require the Department of Justice to expend the 
accrued funds prior to September 30, 2014. Any remaining 
balance of these accrued funds at the end of fiscal year 2014 
would be returned to the General Fund of the Treasury. Thus, 
the Committee expects that the estimated $27 million in 
undisbursed funds identified by the GAO will be used to offset 
the reduction in the authorization levels for 2013 and 2014 and 
for the benefit of grantee law enforcement agencies.
---------------------------------------------------------------------------
    \9\U.S. Gov't Accountability Office, GAO-12-353, Law Enforcement 
Body Armor: DOJ Could Enhance Grant Management Controls and Better 
Ensure Consistency in Grant Program Requirements 19-21 (2012).
    \10\Id. at 20.
---------------------------------------------------------------------------
    The bill contains a sense of Congress that funds 
appropriated under the authority of the Bulletproof Vest 
Partnership Grant Act must be expended by the Department of 
Justice within two fiscal years of the appropriation. 
Currently, funds appropriated for the Program contain no 
requirement from Congress that disbursement occur within a 
definite time period, referred to as ``no-year'' money. The 
inclusion of such a requirement, in the Committee's view, would 
assist the Department of Justice in awarding and disbursing 
funding to grantees in a timely manner, and would, in the event 
a grantee did not ultimately seek reimbursement of funding for 
which it had initially applied, encourage the Department to de-
obligate those funds in a timely manner to be used for the 
benefit of another qualifying grantee law enforcement agency.
    The bill would codify current Department of Justice grant-
making policy to prohibit a grantee law enforcement agency from 
using funding obtained from any other Federal grant program to 
satisfy the statutory matching requirement contained in the 
Bulletproof Vest Partnership Grant Act.\11\ The statutory 
matching requirement is an important and longstanding component 
of the grant program that underscores congressional policy 
which, absent compelling circumstances of financial hardship, 
requires a grantee law enforcement agency to share in the cost 
of the equipment. The provision contained in S. 2554 is 
intended to formalize and reinforce the Justice Department's 
existing policy.
---------------------------------------------------------------------------
    \11\42 U.S.C. Sec. 3796ll(f); 28 CFR Sec. 33.101(b).
---------------------------------------------------------------------------
    In its report of February 2012, the GAO recommended that 
the standards and requirements to which grantees are held under 
the Bulletproof Partnership Grant Act be followed by grantees 
when using Justice Assistance Grants (JAG) to purchase body 
armor.\12\ The Committee agrees that uniformity among standards 
and policies should be promoted and honored when grantee law 
enforcement agencies are accepting any Federal funding for body 
armor. The bill, therefore, codifies the policy that when a 
grantee uses any Federal grant funding administered by the 
Bureau of Justice Assistance, the grantee must adhere to the 
mandatory wear policy and body armor performance standards in 
place within the Bulletproof Vest Partnership Grant 
Program.\13\
---------------------------------------------------------------------------
    \12\U.S. Gov't Accountability Office, GAO-12-353, Law Enforcement 
Body Armor: DOJ Could Enhance Grant Management Controls and Better 
Ensure Consistency in Grant Program Requirements 24 (2012).
    \13\In his minority view, Senator Coburn also seeks to rely on the 
Government Accountability Office (GAO) February, 2012 report to 
criticize the bipartisan, Committee-approved bill. This criticism is 
also misplaced. The Chairman and Ranking Member worked collaboratively 
to craft provisions that directly respond to recommendations contained 
in the GAO report. In addition, at the Committee hearing on this 
matter, the GAO reported that the Department of Justice was equipped 
and prepared to respond affirmatively to all of the GAO's 
recommendations. In particular, the Justice Department agreed to expand 
publication of grant requirements.
---------------------------------------------------------------------------
    Finally, S. 2554 amends 42 U.S.C. Sec. 3796ll(c) to add an 
additional preference for grant consideration to the existing 
factors that the Department of Justice may consider when 
evaluating whether a potential grantee merits preferential 
consideration for grant funding. The bill would permit the 
Department of Justice to weigh as a factor the existence of a 
policy within a potential grantee law enforcement agency to 
provide uniquely fitted armor vests for its female officers and 
others. The Committee agrees that local policies that support 
maximum effectiveness in vest fit and performance should be 
encouraged and taken into consideration when evaluating grantee 
applications for reimbursement under the Bulletproof Vest 
Partnership Grant Act.

          II. History of the Bill and Committee Consideration

                      A. INTRODUCTION OF THE BILL

    The Bulletproof Vest Partnership Grant Act of 2012 was 
introduced as S. 2554 on May 7, 2012 by Senator Leahy, Senator 
Coons, Senator Klobuchar, Senator Kohl, Senator Mikulski, 
Senator Schumer and Senator Whitehouse. The bill was referred 
to the Committee on the Judiciary. Since the date of 
introduction, Senator Blumenthal, Senator Durbin, Senator 
Feinstein, Senator Franken, and Senator Merkley have joined as 
cosponsors.

                       B. COMMITTEE CONSIDERATION

1. Hearing

    The Committee held a hearing on the Bulletproof Vest 
Partnership Grant Program on February 15, 2012, during which 
the Committee heard testimony concerning the importance of the 
program, the need for reauthorization, and recommended 
enhancements in its administration by the Department of 
Justice.
    Testimony was received from Michael Schirling, Chief of 
Police of the Burlington Police Department; David Maurer, 
Director of the Homeland Security and Justice Team at the 
United States Government Accountability Office; and Chuck 
Canterbury, National President of the Fraternal Order of 
Police. Additional testimony was submitted by Jack G. Fackler, 
North America Marketing Manager--Law Enforcement, Fire Service, 
Emergency Response; and E. I. Du Pont De Nemours and Company, 
Du Pont Protection Technologies. A letter and statement was 
submitted by Sheriff Paul H. Fitzgerald, President of the 
National Sheriffs' Association. Written testimony was submitted 
by Chief Ron McBride (Ret.), IACP/DuPont Kevlar Survivors' 
Club. Testimony was submitted by William J. Johnson, Executive 
Director, National Association of Police Organizations.

2. Executive Business Meeting

    The Committee considered S. 2554 on May 17, 2012. Senator 
Grassley offered an amendment to the Bulletproof Vest 
Partnership Grant Act of 2012. Senator Grassley's amendment 
proposed to adjust downward the authorizations provided for 
fiscal years 2013 and 2014 to $15 million, and proposed to 
reduce the authorizations for the remaining three years from 
$50 million to $30 million. His amendment proposed to require 
that the Department of Justice expend any existing obligated 
but undisbursed balances in the program prior to September 30, 
2014. Senator Grassley's amendment proposed a Sense of the 
Senate clause that recommended a two year spending cycle for 
the Department of Justice's disbursement of appropriated 
funding. Senator Grassley's amendment proposed to codify 
current Department of Justice policy disallowing the use of 
Federal grant funding by a law enforcement agency to satisfy 
the statutory matching requirement under the Bulletproof Vest 
Partnership Grant Program. Finally, Senator Grassley's 
amendment proposed to require any Federal grantee using Federal 
funding to purchase body armor to adhere to the standards and 
requirements applicable to grantees under the Bulletproof Vest 
Partnership Grant Act. The amendment was accepted by unanimous 
consent.
    Senator Feinstein offered an amendment to the Bulletproof 
Vest Partnership Grant Act of 2012. Senator Feinstein's 
amendment proposed to amend 42 U.S.C. Sec. 3796ll(c) to add, as 
a potential factor for preferential consideration of an 
application by the Department of Justice, whether a potential 
grantee law enforcement agency has a policy to provide uniquely 
fitted body armor, including for female officers. The amendment 
was accepted by unanimous consent.
    The Committee then voted to report the Bulletproof Vest 
Partnership Grant Act of 2012, as amended, favorably to the 
Senate by voice vote. Senator Coburn asked to be recorded as 
voting ``no''.

              III. Section-by-Section Summary of the Bill

Section 1. Short title

    This section provides that the legislation may be cited as 
the ``Bulletproof Vest Partnership Grant Program 
Reauthorization Act of 2012''

Section 2. Extension of authorization of appropriations for Bulletproof 
        Vest Partnership Grant Program

    This section amends section 1001(a) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 by striking 
part Y, the current authorization of appropriations for the 
Bulletproof Vest Partnership Grant Program, and inserting 
$15,000,000 for each fiscal years 2013 and 2014, and 
$30,000,000 for each of fiscal years 2015, 2016, and 2017.

Section 3. Expiration of previously appropriated funds

    This section amends Section 2501 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1986 by defining 
previously appropriated funds as amounts that were appropriated 
for any of fiscal years 1999 through 2011 to carry out this 
part [the Bulletproof Vest Partnership Grant Program] and that 
are available to be expended and have not been expended, 
including funds that were previously obligated but undisbursed 
and creates an expiration date for all previously appropriated 
funds that are not expended by September 30, 2014, requiring 
they be returned to the General Fund of the Treasury no later 
than January 15, 2015.

Section 4. Sense of Congress on 2-year limitation on funds

    This section expresses the sense of Congress that funding 
appropriated for the Bulletproof Vest Partnership Grant Program 
should be made available through the end of the first fiscal 
year following the fiscal year for which the amounts are 
appropriated and should not be made available until expended.

Section 5. Matching fund limitation

    This section creates a limitation on using funding received 
under any other Federal grant program to pay or defer the cost, 
in whole or in part of the matching requirement.

Section 6. Application of Bulletproof Vest Partnership Grant Program 
        requirements to any bulletproof vest or body armor purchased 
        with Federal grant funds

    This section amends Section 521 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 to require that a 
grantee using funds made available by the Bulletproof Vest 
Grant Partnership Program comply with any requirements 
established for the use of the grants, have a written policy 
requiring uniformed patrol officers to wear a bulletproof vest 
or body armor, and use the funds to purchase bulletproof vests 
or body armor that meet any performance standards established 
by the Director of the Bureau of Justice Assistance.

Section 7. Uniquely fitted armor vests

    This section amends title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 to permit the Department of 
Justice to weigh local policies for the purpose of affording 
applicants preferential consideration, among existing 
enumerated factors, relating to the purchase of armor vests for 
law enforcement officers that are uniquely fitted for such 
officers including vests uniquely fitted to individual female 
law enforcement officers.

             IV. Congressional Budget Office Cost Estimate

    The Committee sets forth, with respect to the bill, S.2554, 
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, June 1, 2012.
Hon. Patrick J. Leahy,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2554, the 
Bulletproof Vest Partnership Grant Program Reauthorization Act 
of 2012.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 2554--Bulletproof Vest Partnership Grant Program Reauthorization Act 
        of 2012.

    Summary: S. 2554 would authorize the appropriation of $120 
million over the 2013-2017 period for the Bulletproof Vest 
Partnership Grant program.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing S. 2554 would cost $72 million over 
the 2013-2017 period. Pay-as-you-go procedures do not apply to 
this legislation because it would not affect direct spending or 
revenues.
    S. 2554 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 2554 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--
                                                         -------------------------------------------------------
                                                            2013     2014     2015     2016     2017   2013-2017
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.....................................       15       15       30       30       30       120
Estimated Outlays.......................................        3        8       14       21       26        72
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
amounts authorized by the bill will be appropriated by the 
start of each fiscal year and that outlays will follow the 
historical rate of spending for this program. Under the 
Bulletproof Vest Partnership Grant, the Department of Justice 
makes grants to state, local, and tribal law enforcement 
agencies to purchase bulletproof vests. S. 2554 would authorize 
the appropriation of $15 million for each of 2013 and 2014 and 
$30 million for each of 2015 through 2017 for the program. In 
2012, the grant program received an appropriation of $24 
million.
    Pay-As-You-Go Considerations: None.
    Intergovernmental and private-sector impact: S. 2554 
contains no intergovernmental or private-sector mandates as 
defined UMRA. Assuming appropriation of the authorized amounts, 
state, local, and tribal governments would receive $120 million 
to purchase bulletproof vests. Any costs to those governments 
would be incurred voluntarily as a condition of receiving 
federal assistance.
    Estimate prepared by: Federal Costs: Mark Grabowicz; Impact 
on State, Local, and Tribal Governments: Melissa Merrell; 
Impact on the Private Sector: Vi Nguyen
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    V. Regulatory Impact Evaluation

    In compliance with rule XXVI of the Standing Rules of the 
Senate, the Committee finds that no significant regulatory 
impact will result from the enactment of S. 2554.

                             VI. Conclusion

    The Bulletproof Vest Partnership Grant Act of 2012, S. 
2554, reauthorizes the Bulletproof Vest Partnership Grant 
Program established by Public Law No. 105-181 through fiscal 
year 2017. This law has made essential contributions to the 
safety of law enforcement officers across the United States, 
and has assisted in promoting the use of body armor among law 
enforcement officers. The grant program authorized by the law, 
which is a partnership between the Federal Government, and 
State and local law enforcement agencies, recognizes the 
reliance that each places on the other in combating criminal 
activity, safeguarding communities, and responding to local and 
national emergencies. The Bulletproof Vest Partnership Grant 
Act of 2012 continues Congress' longstanding tradition of 
support and partnership with State and local law enforcement 
agencies across the United States.

                          VII. Minority Views

                              ----------                              

                   MINORITY VIEWS FROM SENATOR COBURN

    I write these views to explain my vote opposing S. 2554, 
the Bulletproof Vest Partnership Grant Act of 2012, as amended 
by Senator Grassley's committee substitute, considered at the 
Senate Judiciary Committee's May 17th markup. I have several 
outstanding concerns with this legislation. In particular, I 
believe this legislation violates the principles of federalism 
outlined in the Constitution, fails to completely address 
several management and control issues identified in a 
Government Accountability Office (GAO) report to Congress on 
the Bulletproof Vest Partnership Program (BVPP), and disregards 
our country's fragile financial condition.
    I support the motive behind this legislation and believe 
the protection of federal, state, and local law enforcement 
agents is of paramount importance. However, we must at all 
times carefully weigh the proper role of the federal government 
so Congress does not violate its limited authority under the 
Constitution. I believe the responsibility to address this 
issue, as it relates to state and local law enforcement 
officers, lies with the states and local communities these 
brave officers serve. The Constitution does not task the 
federal government with providing funding to states and 
localities for the operation of their law enforcement agencies; 
although grant programs such as BVPP are laudable, they are not 
the federal government's responsibility.
    Furthermore, while I do not believe this issue is the 
responsibility of the federal government, if Congress does act, 
we can and must do so in a fiscally responsible manner. S. 2554 
will cost the American people $120 million over five years 
without corresponding offsets. This funding is authorized 
despite a recent GAO finding that, of the $340 million in total 
Bulletproof Vest Program awards from 1999-2012, approximately 
$93 million remained undisbursed by the Bureau of Justice 
Assistance (BJA).\1\ This total includes about $27 million 
which could be immediately deobligated and applied to new 
grants, and another $52 million that may be available at the 
end of the fiscal year.\2\ While this bill takes some initial, 
positive steps in response to the findings of the GAO report, 
Congress should not authorize any additional funding while such 
sums remain undisbursed by the Bureau of Justice Assistance.
---------------------------------------------------------------------------
    \1\U.S. Government Accountability Office, DOJ Could Enhance Grant 
Management Controls and Better Ensure Consistency in Grant Program 
Requirements, February, 2012, at 18, available at http://gao.gov/
assets/590/588573.pdf.
    \2\Id. at 19.
---------------------------------------------------------------------------
    Although this legislation reduces the authorizations for 
BVPP from previous reauthorization levels, any reduction will 
be offset by up to $79 million in undisbursed funds currently 
under the control of BJA. This means no actual savings are 
achieved under this legislation, and no offsets for new 
spending are provided. The fiscal condition of our country has 
worsened dramatically since the original passage of this bill 
in 1998 and the last reauthorization in 2008. As our national 
debt climbs higher every day, the federal government is in no 
position to spend more money on any grant programs without 
offsets. We simply cannot afford it.
    In addition to these fiscal concerns, there are several 
problems specific to the Bulletproof Vest Program. For example, 
GAO found that a lack of available information on program 
requirements from the Department of Justice could lead to 
noncompliance by grantees and encouraged the Department to take 
action to better publicize these requirements. The GAO report 
points out that ``[t]he BVP program lists its requirements, 
such as those related to document retention and the prohibition 
on combining BVP and JAG funds, in limited areas, thus 
increasing the risk that grantees would not be aware of 
them.''\3\ When GAO contacted ten jurisdictions to question 
them about the program, all ten jurisdictions were unaware of 
the policy requiring them to retain grant documents for three 
years, and three jurisdictions were not aware of a prohibition 
on using other federal grant funds as matching funds for the 
Bulletproof Vest Program. The Department of Justice must take 
steps to improve compliance with the terms and conditions of 
the grant program; although this bill would codify DOJ's rule 
on matching grant funds, it does not address GAO's concerns 
about publication of grant requirements.
---------------------------------------------------------------------------
    \3\Id. at 21.
---------------------------------------------------------------------------
    Finally, while I applaud and support Senator Grassley's 
effort to reduce authorizations and to address the substantive 
concerns identified in the GAO report, for the reasons I 
outlined above, I remain concerned with the bill as amended by 
his substitute. Although his substitute bill is likely a better 
alternative to S. 2554 as it was introduced, it still runs 
counter to my basic constitutional concerns with grant programs 
for state and local law enforcement agencies.
    As a result, I cannot support S. 2554, the Bulletproof Vest 
Partnership Grant Act of 2012, as reported by the Senate 
Judiciary Committee.

                                                        Tom Coburn.

      VIII. Changes to Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S.2554, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                           UNITED STATES CODE

TITLE 42--PUBLIC HEALTH AND WELFARE

           *       *       *       *       *       *       *

                 CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT

       Subchapter V--Bureau of Justice Assistance Grant Programs

PART C--ADMINISTRATIVE PROVISIONS

           *       *       *       *       *       *       *

Sec. 3766a. General Provisions.

    (a) The Bureau shall prepare both a ``Program Brief'' and 
``Implementation Guide'' document for proven programs and 
projects to be funded under this subchapter.
    (b) The functions, powers, and duties specified in this 
subchapter to be carried out by the Bureau shall not be 
transferred elsewhere in the Department of Justice unless 
specifically hereafter authorized by the Congress by law.
    (c) Notwithstanding any other provision of law, a grantee 
that uses funds made available under this part to purchase a 
bulletproof vest or body armor shall comply with any 
requirement established for the use of grants made under part Y 
that an agency receiving funding under part Y--
          (1) have a written policy requiring uniformed patrol 
        officers to wear a bulletproof vest or body armor; and
          (2) use the funds to purchased bulletproof vest or 
        body armor that meet any performance standards 
        established by the Director of the Bureau of Justice 
        Assistance.

           *       *       *       *       *       *       *

Subchapter X--Funding

           *       *       *       *       *       *       *

Sec. 3793(a)(23). Authorization of appropriations.

          [(23) There are authorized to be appropriated to 
        carry out subchapter XII-M of this chapter, $25,000,000 
        for each of fiscal years 1999 through 2001, and 
        $50,000,000 for each of fiscal years 2002 through 
        2012.]
          (23) There are authorized to be appropriated to carry 
        out [subchapter XII-M] of this chapter--
                  (A) $15,000,000 for each of fiscal years 2013 
                and 2014; and
                  (B) $30,000,000 for each of fiscal years 
                2015, 2016, and 2017.

           *       *       *       *       *       *       *

Subchapter XII-M--Matching Grant Program for Law Enforcement Armor Vest

           *       *       *       *       *       *       *

Sec. 3796ll. Program Authorized.

    (a) In General.--The 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 Funds.--Grants 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 Consideration.--In 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; [and]
          (3) has a violent crime rate at or above the national 
        average as determined by the Federal Bureau of 
        Investigation; [or] and
          (4) provides armor vests to law enforcement officers 
        that are uniquely fitted for such officers, including 
        vest 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 Amount.--Unless 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 Amount.--A 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 general.--The portion of the costs of a 
        program provided by a grant under subsection (a) of 
        this section--
                  (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) of this section.
          (2) Indian assistance.--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.
          (3) Limitation on state matching funds.--A State, 
        unit of local government, or Indian tribe mat 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) Waiver.--The 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 Funds.--Funds available under this 
subchapter shall be awarded, without regard to subsection (c) 
of this section, 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 Previously Appropriated Funds.--
          (1) Definition.--In this subsection, the term 
        `previously appropriated funds' means any amounts 
        that--
                  (A) Were appropriated for any fiscal years 
                1999 through 2011 to carry out this part; and
                  (B) On the date of enactment of the 
                Bulletproof Vest Partnership Grant Program 
                Reauthorization Act of 2012 are available to be 
                expended and have not been expended, including 
                funds that were previously obligated but 
                undisbursed.
          (2) Expiration.--All previously appropriated funds 
        that are not expended by September 30, 2014, shall be 
        transferred to the General Fund of the Treasury no 
        later than January 15, 2015.

                                  

```