
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-517 Section 3(a),]
[Document affected by Public Law 106-517 Section 3(a),]
[Document affected by Public Law 106-517 Section 2]
[CITE: 42USC3796ll]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT
 
SUBCHAPTER XII-M--MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR VESTS
 
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.

(b) Uses of funds

    Grants awarded under this section shall be--
        (1) distributed directly to the State, unit of local government, 
    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
        (4) 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

    The portion of the costs of a program provided by a grant under 
subsection (a) of this section may not exceed 50 percent. 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.

(g) Allocation of funds

    At least half of the funds available under this subchapter shall be 
awarded to units of local government with fewer than 100,000 residents.

(Pub. L. 90-351, title I, Sec. 2501, as added Pub. L. 105-181, 
Sec. 3(a)(3), June 16, 1998, 112 Stat. 513.)

                       References in Text

    The Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1998, referred to in subsec. 
(c)(4), 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.


                            Prior Provisions

    A prior section 2501 of Pub. L. 90-351 was renumbered section 2601 
and is classified to section 3797 of this title.

                          Transfer of Functions

    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, 
Sec. 108(b)] of Pub. L. 106-113, set out as a note under section 3741 of 
this title.


                 Findings and Purpose of 1998 Amendments

    Pub. L. 105-181, Sec. 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.''
