42 U.S.C. § 3796ll (THE PUBLIC HEALTH AND WELFARE)
§ 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;
(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 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)—
(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 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 matching funds
A 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) 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), 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) Definition
In 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) Expiration
All 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.
(Pub. L. 90–351, title I, § 2501, as added Pub. L. 105–181, § 3(a)(3), June 16, 1998, 112 Stat. 513; amended Pub. L. 106–517, § 3(a), (b), Nov. 13, 2000, 114 Stat. 2407, 2408; Pub. L. 110–177, title III, § 302(d), Jan. 7, 2008, 121 Stat. 2539; Pub. L. 111–8, div. B, title II, Mar. 11, 2009, 123 Stat. 583; Pub. L. 114–155, §§ 3, 5, 7, May 16, 2016, 130 Stat. 389, 390.)
heading: References in Text
text: The Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998, referred to in subsec. (c)(5), is Pub. L. 105–119, Nov. 26, 1997, 111 Stat. 2440. Provisions under the heading “Violent Crime Reduction Programs, State and Local Law Enforcement Assistance”, 111 Stat. 2452, are not classified to the Code.
heading: Prior Provisions
text: A prior section 2501 of Pub. L. 90–351 was renumbered section 2601 and is classified to section 3797 of this title.
heading: Amendments
text: 2016—Subsec. (c)(2) to (5). Pub. L. 114–155, § 7, struck out “and” at end of par. (2), substituted “; and” for “; or” at end of par. (3), added par. (4), and redesignated former par. (4) as (5).
Subsec. (f)(3), (4). Pub. L. 114–155, § 5, added par. (3) and redesignated former par. (3) as (4).
Subsec. (h). Pub. L. 114–155, § 3, added subsec. (h).
2009—Subsec. (f)(3). Pub. L. 111–8 added par. (3).
2008—Subsec. (a). Pub. L. 110–177, § 302(d)(1), inserted “and State and local court officers” after “tribal law enforcement officers”.
Subsec. (b)(1). Pub. L. 110–177, § 302(d)(2), inserted “State or local court,” after “government,”.
2000—Subsec. (f). Pub. L. 106–517, § 3(a), designated first sentence as par. (1), inserted par. heading, substituted “subsection (a)—” and subpars. (A) and (B) for “subsection (a) may not exceed 50 percent.”, and designated second sentence as par. (2) and inserted par. heading.
Subsec. (g). Pub. L. 106–517, § 3(b), amended heading and text of subsec. (g) generally. Prior to amendment, text read as follows: “At least half of the funds available under this subchapter shall be awarded to units of local government with fewer than 100,000 residents.”
heading: Transfer of Functions
text: Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) through (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, § 108(b)] of Pub. L. 106–113, set out as a note under section 3741 of this title.
heading: Findings of 2000 Amendments
text: Pub. L. 106–517, § 2, Nov. 13, 2000, 114 Stat. 2407, provided that:
“Congress finds that—
“(1) the number of law enforcement officers who are killed in the line of duty would significantly decrease if every law enforcement officer in the United States had the protection of an armor vest;
“(2) according to studies, between 1985 and 1994, 709 law enforcement officers in the United States were killed in the line of duty;
“(3) the Federal Bureau of Investigation estimates that the risk of fatality to law enforcement officers while not wearing an armor vest is 14 times higher than for officers wearing an armor vest;
“(4) according to studies, between 1985 and 1994, bullet-resistant materials helped save the lives of more than 2,000 law enforcement officers in the United States; and
“(5) the Executive Committee for Indian Country Law Enforcement Improvements reports that violent crime in Indian country has risen sharply, despite a decrease in the national crime rate, and has concluded that there is a ‘public safety crisis in Indian country’.”
heading: Findings and Purpose of 1998 Amendments
text: Pub. L. 105–181, § 2, June 16, 1998, 112 Stat. 512, provided that:
“(a) Findings.—
Congress finds that—
“(1) the number of law enforcement officers who are killed in the line of duty would significantly decrease if every law enforcement officer in the United States had the protection of an armor vest;
“(2) according to studies, between 1985 and 1994, 709 law enforcement officers in the United States were feloniously killed in the line of duty;
“(3) the Federal Bureau of Investigation estimates that the risk of fatality to law enforcement officers while not wearing an armor vest is 14 times higher than for officers wearing an armor vest;
“(4) the Department of Justice estimates that approximately 150,000 State, local, and tribal law enforcement officers, nearly 25 percent, are not issued body armor;
“(5) 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
“(6) the Executive Committee for Indian Country Law Enforcement Improvements reports that violent crime in Indian country has risen sharply, despite a decrease in the national crime rate, and has concluded that there is a ‘public safety crisis in Indian country’.
“(b) Purpose.—
The purpose of this Act [see Short Title of 1998 Amendments note set out under section 3711 of this title] is to save lives of law enforcement officers by helping State, local, and tribal law enforcement agencies provide officers with armor vests.”