[Senate Hearing 113-887]
[From the U.S. Government Publishing Office]
S. Hrg. 113-887
THE BULLETPROOF VEST
PARTNERSHIP GRANT PROGRAM:
SUPPORTING LAW ENFORCEMENT
OFFICERS WHEN IT MATTERS MOST
=======================================================================
HEARING
before the
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
ONE HUNDRED THIRTEENTH CONGRESS
SECOND SESSION
__________
MAY 14, 2014
__________
Serial No. J-113-60
__________
Printed for the use of the Committee on the Judiciary
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
U.S. GOVERNMENT PUBLISHING OFFICE
28-399 PDF WASHINGTON : 2018
COMMITTEE ON THE JUDICIARY
PATRICK J. LEAHY, Vermont, Chairman
DIANNE FEINSTEIN, California CHUCK GRASSLEY, Iowa, Ranking
CHUCK SCHUMER, New York Member
DICK DURBIN, Illinois ORRIN G. HATCH, Utah
SHELDON WHITEHOUSE, Rhode Island JEFF SESSIONS, Alabama
AMY KLOBUCHAR, Minnesota LINDSEY GRAHAM, South Carolina
AL FRANKEN, Minnesota JOHN CORNYN, Texas
CHRISTOPHER A. COONS, Delaware MICHAEL S. LEE, Utah
RICHARD BLUMENTHAL, Connecticut TED CRUZ, Texas
MAZIE HIRONO, Hawaii JEFF FLAKE, Arizona
Kristine Lucius, Chief Counsel and Staff Director
Kolan Davis, Republican Chief Counsel and Staff Director
C O N T E N T S
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MAY 14, 2014, 10:09 A.M.
STATEMENTS OF COMMITTEE MEMBERS
Page
Grassley, Hon. Chuck, a U.S. Senator from the State of Iowa...... 3
prepared statement........................................... 35
Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont. 1
prepared statement........................................... 33
WITNESSES
Witness List..................................................... 23
Carrizales, Ann M., Officer, City of Stafford Police Department,
Stafford, Texas................................................ 6
prepared statement........................................... 30
Zakhary, Yousry A. ``Yost'', Chief of Police, City of Woodway,
Texas, and President, International Association of Chiefs of
Police, Alexandria,
Virginia....................................................... 9
prepared statement........................................... 24
MISCELLANEOUS SUBMISSIONS FOR THE RECORD
Canterbury, Chuck, National President, Grand Lodge, Fraternal
Order of Police, Washington, DC, statement..................... 38
Coons, Hon. Christopher A., a U.S. Senator from the State of
Delaware, ``Bulletproof Vest Partnership,'' Congressional
Record, May 7, 2014, pages S2753-S2755, floor statement........ 53
Mathis, MiKayla, daughter of Officer Ann Carrizales, and Texas
resident, letter............................................... 44
Schirling, Michael E., Chief, Burlington Police Department,
Burlington, Vermont, statement................................. 45
United States Government Accountability Office (GAO), David C.
Maurer, Director, Homeland Security and Justice Issues,
Washington, DC, May 14, 2014, letter and report................ 46
THE BULLETPROOF VEST
PARTNERSHIP GRANT PROGRAM:
SUPPORTING LAW ENFORCEMENT
OFFICERS WHEN IT MATTERS MOST
----------
WEDNESDAY, MAY 14, 2014
United States Senate,
Committee on the Judiciary,
Washington, DC.
The Committee met, pursuant to notice, at 10:09 a.m., in
Room SD-226, Dirksen Senate Office Building, Hon. Patrick J.
Leahy, Chairman of the Committee, presiding.
Present: Senators Leahy, Whitehouse, Klobuchar, Franken,
Coons, Blumenthal, and Grassley.
OPENING STATEMENT OF HON. PATRICK J. LEAHY,
A U.S. SENATOR FROM THE STATE OF VERMONT
Chairman Leahy. Well, thank you all for being here, and
this week is, as we know, National Police Week. In fact, as I
have done for years, I will be down at the west front of the
Capitol tomorrow when thousands of law enforcement officers
gather in our Nation's capital to honor the sacrifices of our
men and women in law enforcement, particularly those who have
lost their lives in the line of duty.
Today we have an opportunity to discuss a program that
helps to protect those who protect us. For over 15 years, the
Bulletproof Vest Partnership program has been saving lives by
helping to provide over 1 million vests to over 13,000 local
law enforcement agencies. It is a critical program that I know
every single law enforcement officer in the room today
supports, and I greatly appreciate all of you being here today.
This is a program that was begun as a bipartisan program by
myself and former Senator Ben Nighthorse Campbell, Republican
from Colorado. I mention that parenthetically because it was a
very proud moment when I was walking down the street in Denver
a few years ago, and a uniformed police officer walked up to me
and said, ``Are you Senator Leahy of Vermont?'' And I said,
``Yes, I am.'' He tapped his chest, and you could hear the
``thunk, thunk'' of the vest under it. He said, ``Thank you,''
and walked off. I said, you know, there are days when I say,
``Why are we pounding our heads against the wall to get things
done?'' That day made it worthwhile.
A few weeks ago I stood on the Senate floor and sought
unanimous consent to reauthorize the program. I reminded my
fellow Senators, ``If you claim to support law enforcement, you
have to stand with them when it matters most.'' I assured them
that law enforcement cares deeply about reauthorizing this
program. And seeing all the law enforcement officers in our
Committee room, that message could not be clearer.
The law enforcement community has spoken with a single
voice on this issue. They understand the unfortunate reality
that life-saving vests can be extremely expensive, especially
for smaller jurisdictions, and that they can wear out too soon.
They also understand the invaluable role Congress has played in
supporting this program and that many officers are alive today
because we did.
I am not trying to be partisan, but I would note that every
single Democratic Senator has agreed to move forward with this
and will support reauthorization. Many Republicans do, as well.
But a few Republican Senators believe that the Federal
Government has no role to play in assisting local law
enforcement, that somehow that is a mere luxury, and they
blocked the bill. I could not disagree more with them. We in
Congress have long supported local law enforcement because we
have a duty to keep our communities safe.
The Bulletproof Vest Partnership program has always enjoyed
bipartisan support from the time Senator Ben Nighthorse
Campbell and I created it. That was nearly 30 years ago. It was
so successful that, in the past, it was reauthorized with a
voice vote. It was the right thing to do--it saved lives--and
that was enough for both Democrats and Republicans. As I said,
every single Democrat in the Senate supports this program. And
I am glad also that many of my Republican friends do, too. But
some are blocking this effort, and that is inexcusable. They
have walked away from a tangible and effective way to protect
the lives of our local law enforcement.
You cannot say you support law enforcement and then block
one of the single most important things to save lives of our
law enforcement officers. And I hope those who oppose
reauthorization will listen to the testimony today. They will
find out this program is hardly a luxury. It is necessary to
save lives, and it is worth our support.
There are many heroes in the room today, and I look forward
to the testimony of our witnesses, including Officer Ann
Carrizales, with whom I just spoke. Her vest stopped a gunman's
bullet just last fall. And I think, Officer, if you had not
been wearing it, you would not be testifying here today.
And there are two additional heroes I want to recognize:
Sergeant Michael Manley and Corporal Steven Rinehart of the
Delaware Capitol Police, who Senator Coons knows well. A year
ago a gunman entered the New Castle County Courthouse and
opened fire, killing two people, two women. Officers Manley and
Rinehart immediately engaged with the gunman. They were both
struck in the chest, but their protective vests, which had been
purchased through this program, saved their lives. And if they
had not responded and put their own lives on the line to do it,
you wonder how many more people would have died, innocent
civilians would have died in that courtroom.
Now, last night, thousands of officers gathered for a
candlelight memorial at the National Law Enforcement Officers
Memorial. The Memorial contains the names of over 20,000
officers who have lost their lives in the line of duty. And
very sadly, last night the names of 286 fallen officers were
added to its walls. Had it not been for their bulletproof
vests, Officer Carrizales', Sergeant Manley's, and Corporal
Rinehart's names would have been added, too.
Now, you are going to hear many speeches this week paying
tribute to law enforcement, and we should have those speeches.
But we need more than speeches. We need some action. We are
ready to reauthorize the Bulletproof Vest Partnership program
today, as well as the Blue Alert Act that this Committee has
reported. I hope that the objections to reauthorizing it will
stop and we can get it done.
[The prepared statement of Chairman Leahy appears as a
submission for the record.]
Senator Grassley.
OPENING STATEMENT OF HON. CHUCK GRASSLEY,
A U.S. SENATOR FROM THE STATE OF IOWA
Senator Grassley. Mr. Chairman, before I read my statement,
I want to thank you because a year or so ago I asked the
Government Accountability Office to look into some of what I
considered mismanagement of the program, and they pointed out
some things, and I think almost to every one of them you have
agreed to make changes in the legislation. So I want to thank
you for that. I am going to go into some detail about that, but
I do not want you to forget my bottom line, because I have got
so much to say.
Chairman Leahy. I appreciate that, and we have worked
together.
Senator Grassley. Okay.
Chairman Leahy. We just want this program to work.
Senator Grassley. Yes. I appreciate the opportunity during
National Police Week to highlight a program that has over the
years saved so many lives. One of those lives is that of one of
our witnesses today, and the Chairman has already spoken about
that. So we welcome both our witnesses.
For all its benefits, in years past this program has been
administered in a way that did not foster accountability,
allowed skirting of program requirements, and reduced
effectiveness.
In 2012, I asked the Government Accountability Office to
examine the operation of the program. Following their
investigation, they recommended that $27 million of undisbursed
funds from grants whose terms had ended be deobligated. They
also asked the Justice Department to make sure that grant
recipients understand that they could not satisfy the 50-
percent match requirement of the Bulletproof Vest Partnership
program--the match is what makes it a partnership, by the way--
by using other Federal funds as the basis for the match.
The Government Accountability Office also proposed that the
Department of Justice do a better job to ensure that States and
local governments that used Byrne/JAG funds for bulletproof
vests adhere to the requirements of the BVP grant program.
The Government Accountability Office also made
recommendations concerning the Department of Justice enforcing
compliance with the document retention requirements and the
tracking of grant recipients' use of the funds for stab-
resistant vests.
Today the Government Accountability Office has followed up
on its earlier investigation and has concluded that the
Department of Justice has, in fact, implemented all of its
recommendations. The Government Accountability Office sent me a
letter outlining that compliance, which it has provided to you,
Mr. Chairman, as well. I ask consent that that be put in the
record.
Chairman Leahy. Without objection, so ordered.
[The letter appears as a submission for the record.]
Senator Grassley. The Government Accountability Office has
found that DOJ has deobligated $31 million in undisbursed funds
from grant awards whose terms have ended. Some of these
undisbursed funds dated back to the year 2002. Additionally,
the Department of Justice has implemented a process to review
all undisbursed bulletproof vest funds. As a result, the
Department of Justice has deobligated an additional $7.8
million from more than 3,000 grants whose award terms have
ended. And the new process will ensure that the problem of
undisbursed funds does not reemerge. Deobligation promotes
accountability in the use of grant funds and is vital to
effective grant management. I am glad to see that this has
finally occurred.
The Government Accountability Office also has concluded
that the Department of Justice now better publicizes the
requirement that grantees retain documentation of their vest
purchases. The grant application now requires applicants to
certify their acknowledgement and acceptance of the
requirement.
The Department of Justice has also adopted the Government
Accountability Office's recommendations concerning tracking
funds for stab-resistant vests.
More importantly, the Department agreed with GAO's advice
that it ensure that JAG recipients who use those funds for the
purchase of body armor comply with crucial--in fact, life-
saving--requirements of the grant program. States can use JAG
funds as well as BVP grant funds to purchase body armor.
Previously, JAG did not require that grantees only purchase
vests that comply with the standards of effectiveness that the
National Institutes of Justice have established.
Nor did JAG require that entities that used JAG funds for
bulletproof vests have policies mandating that officers
actually wear them. Now, the Government Accountability Office
reports that the agency has established requirements that JAG
recipients certify that they have written mandatory use
policies and that the body armor purchased complies with the
standards.
The last of the GAO's recommendations was that the Bureau
of Justice Assistance had not documented its procedures to
ensure that JAG grantees complied with the requirements not to
use JAG funds as the basis to satisfy the match requirements of
any BVP grant funds that they might also receive. The GAO has
found that the Bureau of Justice Assistance has issued new
guidance for staff to improve compliance with the requirements
that JAG funds not be misused as matching funds.
I consider the process of GAO's investigating, making sound
recommendations, and the Department's adopting new practices to
be a textbook example of how oversight is supposed to work to
benefit the taxpayer and, in this case, police officers as
well.
I do encourage the National Institutes of Justice to issue
soon the guidance and the new standards that it led GAO in 2012
to believe would have been forthcoming by now.
Following up on GAO's initial recommendations, I requested,
when this grant program was authorized, that the legislation
incorporate provisions that reflected the benefits of
oversight.
As a result, legislation to reauthorize this program now
includes provisions that make all previously appropriated funds
not expended by the end of Fiscal Year 2015 be returned to the
Treasury; that recipients of grants not use funds from another
grant program to form the basis for satisfying the match
requirement; that grantees adopt policies requiring patrol
officers to wear bulletproof vests; and that authorization
levels for the program be cut.
So as I have said before, I appreciate the Chairman's
backing for these efforts, and I am pleased to support
legislation. And I ought to also offer my help to the Chairman
for Senators that he wants to point out to me that are standing
in the way of this bill coming up. I would be glad to talk to
them. But, also, I think we need to remember that one of the
reasons the bill has not been brought up is because the
Majority Leader wants to do it by unanimous consent, and I
think that we can probably have a situation where we can have a
very short period of debate and pass this bill, and we need to
get the Majority Leader willing to bring it up and see if I can
help get the time that is limited so he will be able to move
ahead with it.
[The prepared statement of Senator Grassley appears as a
submission for the record.]
Chairman Leahy. I appreciate that. Of course, the reason
they want to bring it up by unanimous consent is that for 30
years that is the way we have always done it, both when the
Republicans were in charge and when Democrats were in charge.
Of course, we would have been happy to have had time for
debate. Senator Coburn of Oklahoma objected.
Senator Grassley. But there are some of us that believe the
Senate ought to be the deliberative body it is supposed to be,
and I include in that that we should not be spending all day on
a bill like this. But there should be some debate on it.
Chairman Leahy. I would be happy to, if they would like, to
stay here tonight and have several hours of debate. I will give
up my plans for this evening if we can pass it. So I make that
offer, and if your side wishes to, I will skip plans that my
wife and I had for this evening. I think I would much--and I
think she would agree that it would be perfectly okay to stay
here if we can pass this bill.
But let us go to Officer Ann Carrizales of the Stafford,
Texas, Police Department who was shot twice during a routine
traffic stop last year. I will let her talk about what
happened, but she is a former Marine, as is my son and Senator
Blumenthal. She has had a distinguished career as a police
officer. I am glad she is here to tell the story.
I am glad you are alive, first off, but I am glad you are
here to tell the story. Please go ahead, Officer.
STATEMENT OF OFFICER ANN M. CARRIZALES, CITY OF STAFFORD POLICE
DEPARTMENT, STAFFORD, TEXAS
Officer Carrizales. Thank you. Good morning, Chairman
Leahy, Ranking Member Grassley, and the Committee Members. My
name is Officer Ann Marie Carrizales, and I am a police officer
for the city of Stafford, in Stafford, Texas, Fort Bend County.
would like to thank you in advance for your time as I share
with you the testimony of one of the most life-altering moments
of my life.
On October 26, 2013, just before 4 a.m., I initiated the
traffic stop that almost became my very last. Every fiber of my
memory can recall each detail of what was to follow. I am here
this morning to share details with you of that story in the
hopes of illustrating to all of you the dangers that all of law
enforcement officers face on a daily basis.
In the moments leading up to the incident, I felt the night
become somewhat darker, and the gentle breeze in the air seemed
to retreat in the presence of the evil that was lurking. The
natural peace that I sometimes feel at that hour of the night,
knowing that the citizens of Stafford, Texas, are sleeping
safely in their homes, was no longer, and I could sense the
evil, like a snake in the grass waiting, just looking for the
right moment to catch me unaware.
Only I was not unaware, and more importantly, I was not
unprepared. I was wearing my bulletproof vest that my agency
had custom-fit for my body and issued to me upon my employment.
Although my vest snugly hugged my body, I could still feel the
sweat beads trickle down my chest and the back of my neck as
the hot breath of evil filled the air around me. One car. Three
occupants. Our eyes locked. I knew. They knew. I think we knew.
The first shot struck my left cheekbone. It traveled
through my cheek, and it exited at my lower jaw line. As the
bullet exited, it obliterated my left earlobe, leaving only
shreds of tissue dangling where there was once an earlobe. I
remember the muzzle flash, looking directly at the weapon and
taking a mental note of its caliber. And then there were his
eyes. I will never forget those eyes.
The metal burned immensely, and I could taste both metal
and blood. Instinctively I raised my left forearm to cover my
face in a defensive technique from my many years of competitive
boxing, and I simultaneously began to turn to my right to find
cover while drawing my firearm. A second shot rang out. I felt
it strike the left side of my breast, and I immediately
thought, ``Oh, God, vest did not catch that one.''
I could feel the immense pain and burning in my chest
followed by the warmth of my own blood as it ran down the left
side of my rib cage. The second shot knocked me back three
steps, and I recall counting the steps in my mind. In those
moments, my thought process was extremely clear. I gave myself
a pep talk in between those three steps back. I said, ``You are
in a gun battle here, girl. Any day you want to start
shooting.'' It felt like several seconds in between me getting
shot and returning fire, but, realistically, it was immediate.
The suspect vehicle did what most suspect vehicles do: they
fled. I began pursuit, and a few days later the dash cam video
of my pursuit was released for the world to see.
Relaying the information to dispatch that I had been shot
was extremely hard for me. I knew what it would do to my
partners, to include my dispatchers. One of their own was shot
in the face and chest, and I knew they would do anything in the
world to save me. I could hear panic in the voices of my
partners as they all tried to get to me. ``Not again,'' I
thought to myself, recalling that I had just been involved in a
shooting the October prior. One year almost to the day,
lightning struck me twice, and I was determined that I would
not give up or give in, even as the suspects shot at me from
that moving vehicle. It was not an option for me to quit. I
would not allow these individuals to hurt anyone else, even if
it cost me my life to protect everyone else's. Ultimately, my
pursuit ended in Houston, in Harris County, and today all three
suspects are in custody.
When the dust cleared, I was left with two bullet holes in
my face--from the entry and the exit--a severely damaged left
earlobe, a large bullet hole to my left breast. The hole was
approximately 2 inches deep and about as round as a quarter.
The bullet? Well, that was embedded in the bulletproof vest,
exactly where it needed to be. My vest, issued to me by my
agency, Stafford Police Department, custom made and cut to fit
my body, did its job for me that night. That hot, heavy,
uncomfortable piece of equipment that can sometimes carry an
odor that can singe your nose hairs saved my life.
I patrol the night streets in the city of Stafford, Texas,
and we have approximately 49 sworn officers there policing a
city with a daytime/commercial population of about 100,000
people. At night it is about 1,800 to 2,000. I do not work for
a large agency like Houston Police Department or Dallas. It is
a small one. I work for a small department, and I have had two
officer-involved shootings in 1 year. It can happen anytime,
anywhere, not just in the larger cities.
I am fortunate enough to work for an agency that provides
the necessary equipment, such as a bulletproof vest, to offer
me the protection while I am out on the front lines fighting
this war against crime, an agency that has in the past used
Government funding to provide vests to their officers from this
bill.
Even with the decline in funding, Stafford PD has continued
to provide their officers with vests; whereas, other agencies
with less of a budget to work with are forced to choose between
what is more important to officer safety and how much money to
put into ensuring their officers' safety. In some cases, women
are forced to wear men's vests which do not fit properly and,
therefore, cannot function properly and provide adequate
protection.
We expect our officers to run toward the danger when
everyone else is running away. We expect our officers to push
through their fear--and, yes, we do get scared--and protect
those who cannot protect themselves. We expect our officers to
sacrifice time away from their families to uphold the law and
keep our streets safe. We give them a gun and a badge, and we
tell them to aggressively seek out the evil doers. Then we tell
them that we do not have the money to purchase the armor that
they will need to help keep them alive, but they go and they
fight the war anyway. They do, every day, oftentimes for less
money than one might think. They do it because it is a calling.
They do it because it is in their blood to be protectors. They
are me and all of us in this room wearing a uniform law
enforcement--all our uniformed law enforcement in this room.
There are a lot of these people, 286 of these officers
whose were added to the memorial this year because they gave
the ultimate sacrifice in the line of duty--the men and women
of law enforcement, a group of our Nation's protectors.
I submit to you, Chairman Leahy, Ranking Member Grassley,
and Members of the Committee, to please help us protect these
protectors.
I would not be sitting here today had I not been wearing a
properly fitting bulletproof vest. My 10-year-old daughter,
MiKayla, and my 19-year-old son, Joseph, would not have their
mother had I not been issued this vest by my agency. My
husband, Christopher, he would be a widower at 39, forced to
raise two children on his own.
That vest saved my life when it mattered most. It did its
job, just as I do my job every night that I am on those streets
risking my life. I now humbly ask you to do your job and work
to reinstate the Bulletproof Vest Partnership grant program.
Now is the time when it matters the most.
The incident shook my family to its very core, and we are
still trying to put the pieces back together. I have been
fortunate that my daughter's school, Oyster Creek Elementary,
in Sugarland, Texas, has been such a great source of support
for my daughter as she struggled to process this traumatic
event. I have attached and will submit to you letters from the
4th and 5th grade students of Oyster Creek Elementary School.
It is about 200 letters or more. And these letters are from the
students at that school in the 4th and 5th grade, asking and
begging for your assistance in helping police officers across
our Nation obtain the bulletproof vests that they need for
survival. They have rallied behind me and my family ever since
this incident, and I am deeply touched by their passion to
protect our police officers. I am so proud and honored to
submit these letters to you with my testimony. Thank you again
for your time.
[The prepared statement of Officer Carrizales appears as a
submission for the record.]
Chairman Leahy. Thank you very much. You know, Officer, as
the author of the original bulletproof vest bill, you know,
when you speak to me, you are preaching to the converted.
Officer Carrizales. Yes, sir.
Chairman Leahy. Is that the vest you wore?
Officer Carrizales. No, sir, this is not the vest that I
had on. The vest that I had on is currently in evidence.
Chairman Leahy. Thank you.
Next we will hear--and then we will go for questions--from
Yousry Zakhary. He is the Chief of Woodway, Texas, Police
Department. But he is also the president of the International
Association of Chiefs of Police, an association this Committee
has worked with a great deal. He has also been a law
enforcement officer for 35 years. Is that correct, Chief?
Chief Zakhary. That is correct.
Chairman Leahy. So you know firsthand how this program
saves lives. Let me go to you, and then we will go to
questions.
Chief Zakhary. Can I proceed, sir?
Chairman Leahy. Yes, please.
STATEMENT OF CHIEF YOUSRY A. ``YOST'' ZAKHARY, CHIEF
OF POLICE, CITY OF WOODWAY, TEXAS, AND PRESIDENT,
INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE,
ALEXANDRIA, VIRGINIA
Chief Zakhary. Thank you. Chairman Leahy, Ranking Member
Grassley, and Members of the Committee, good morning, and thank
you for inviting me to testify regarding the Bulletproof Vest
Partnership program, the one we know as BVP. As president of
the International Association of Chiefs of Police, IACP, and on
behalf of our over 22,000 members, I would like to thank the
Committee for the support it has demonstrated over the years
for the law enforcement officers in the field.
I began my career as a law enforcement officer with the
city of Woodway, Texas, in 1979. I am still there today and
currently serve as chief and director of public safety. One of
my main duties as chief is to make sure my officers have the
proper training and equipment they need to do their job safely
so they can return home to their loved ones at the end of their
shift.
Body armor or bulletproof vests are critically important to
a police officer's survival and well-being. There is no denying
it. Vests do save lives, so it is imperative that all law
enforcement officers are outfitted with properly fitted
bulletproof vests. The Bulletproof Vest Partnership program is
a critical resource that enables State and local law
enforcement jurisdictions to purchase these life-saving vests.
Since its enactment, this program has enabled over 13,000 State
and local law enforcement agencies to purchase over 1 million
vests.
In Fiscal Year 2012, protective vests were directly
attributable to saving the lives of at least 33 law enforcement
and corrections officers in 20 different States. At least 14 of
those life-saving vests had been purchased with BVP funds. In
fact, thanks to BVP, my department--Woodway, Texas--has been
able to purchase 72 vests, with matching funds, since 2000. The
BVP program has enabled us to fully outfit and custom-fit every
officer in my department with life-saving body armor.
It is not just my responsibility as chief and as a law
enforcement executive to ensure that the officers of my
department each have a bulletproof vest. Officer safety is an
all-hands-on task and also the responsibility of our
Government, as well as the Government leaders, to ensure the
safety and well-being of its citizens and the lives of the
officers who have dedicated their lives to protecting the
communities they serve.
Sadly, and perhaps surprisingly to many, a number of
American law enforcement agencies and officers do not have body
armor available to them on a routine basis. They simply cannot
afford it. The BVP grant program is a critical component.
To give you a sense of how important this program is to law
enforcement, in Fiscal Year 2013 the BVP program received a
total of 4,580 applications from small jurisdictions alone,
which are characterized as having a population of 100,000 or
under. Funding small jurisdictions under the BVP grant program
is a program priority requirement. This meant that for Fiscal
Year 2013 none of the large jurisdictions applicants were
awarded funding. In addition to not having enough funds in
Fiscal Year 2013 to provide awards to any of the large
jurisdiction applicants, there were insufficient funds to
provide even the maximum 50 percent to all small jurisdiction
applicants. Small jurisdictions that applied received only
37.10 percent of the amount they requested on their
applications.
Officer safety and wellness has always been the IACP's top
priority. It is the position of the organization that no injury
to or death of a law enforcement professional is acceptable. A
key element to officer safety is the use of bulletproof vests.
That is why the IACP has developed a model policy for providing
law enforcement officers with guidelines for the proper use,
care, and wear of body armor. In addition, the IACP has adopted
a resolution for mandatory vest wear. The resolution calls for
all law enforcement executives to immediately develop and
implement mandatory body wear for their departments.
In addition, the IACP partnered with DuPont in 1987 to
create the IACP/DuPont Kevlar Survivors' Club. The mission of
the club is to reduce death and disability by encouraging
increased wearing of body armor. The Survivors' Club also
recognizes and honors those deserving individuals who, as a
result of wearing personal body armor, have survived a life-
threatening or life-disabling incident.
Since its inception, we know there have been 3,180
verified, documented saves by the Survivors' Club thanks to
body armor. I do not have enough time to detail every incident,
but I would like to call a few to your attention.
Just this past, in Killeen, Texas, a town about 60 miles
from Woodway, Texas, two officers serving a narcotics search
warrant came under severe fire. The two officers hit were saved
from gunfire and spared life injuries by wearing their vests.
Vest purchases with BVP funds have also saved lives from
incidents in Prescott, Arizona; southern New York; North
Charleston, South Carolina; Burbank, Illinois; Somerville,
Alabama; Sacramento, California; and I brought a vest that I
will show you at the end from Graham, Texas, where a vest saved
an officer's life.
It is important to note that these vests do not just
protect against assaults with firearms. In Minneapolis,
Minnesota, an officer was stabbed and saved by his vest. In
Iron County, Utah, and Des Moines, Iowa, police officers were
both saved from vehicular crashes because of their vests.
I think this helps demonstrate how vests save the lives of
officers all across this great country. These officers and the
thousands of officers like them were able to return home to
their family, friends, and loved ones thanks to the live-saving
bulletproof vests they wore.
What many people do not realize is a broad-reaching effect
when an officer is killed or even wounded. Not only does the
officer suffer, but so does the officer's family, friends, and
police colleagues, as I heard from my colleague just a few
minutes ago. The death of a law enforcement officer has a
shocking impact upon the agency and the community as a whole.
The unique effects can range from reduced productivity and low
morale among officers to public fearfulness and sorrow. There
is also the potential for strained relations between the
community and the law enforcement agency.
In addition to the human costs, there are great financial
and operational costs to consider. Currently, the U.S.
Department of Justice, under the Bureau of Justice Assistance,
Public Safety Officers Benefits Program, provides $323,035 in
death and education benefits to survivors of fallen officers.
The average cost of a bulletproof vest is between $800 to
$1,000. That roughly would translate to at least 323 vests if
could just save one life with a vest if more departments just
had the assistance.
The loss of one officer in an agency can have a crippling
effect upon manpower and the agency's ability to deliver
services, the devastating blow that is inevitably on his fellow
officers, friends, and colleagues.
The death or injury of an officer creates a wide variety of
unanticipated and very costly expenditures for the agency.
Possible expenditures include medical bills, funeral expenses,
workers' compensation and death benefit payments, increased
insurance premiums, sick leave, retirement system costs, legal
fees, civil judgments, replacement and retraining expenses, and
overtime pay. Viewed solely in a financial light, the effects
of an officer's death can have significant consequences.
As a father of twin girls, a husband, a police chief, and
president of the IACP, I urge you to please support the
reauthorization of the BVP program as soon as possible.
Thank you for the opportunity to appear before you today to
discuss the importance of the Bulletproof Vest grant program,
and at this time I would be happy to answer any questions, or
if you would like, I can certainly hold this vest up and show
you what it did.
[The prepared statement of Chief Zakhary appears as a
submission for the record.]
Chairman Leahy. We are going to get to the vest in just a
moment, but thank you, Chief.
In my years in law enforcement, a different aspect of it, I
was only shot at once, and fortunately he was a really lousy
shot, because I was not wearing anything protective and I was
not smart enough to do what Officer Carrizales did, get into a
crouch. I just stood and swore at the guy, and he ran away. I
wish I could remember what it was I said.
I could not help but think, I am currently the President
Pro Tempore of the Senate, and that is one of the Senate
offices that come with a security detail, and I was looking at
a couple of our security officers listening very intently to
what you are saying. Fortunately, the Capitol Police provide
these vests. I wish everybody did. In fact, I will be
submitting a letter from the Chief of Police of Burlington,
Vermont, Michael Schirling. That is our largest police
department in Vermont, which is a very small State, as you
know, speaking of the value of these.
[The letter appears as a submission for the record.]
Chairman Leahy. Officer Carrizales, you testified your life
was saved because you had a vest that was uniquely fitted for
your body. Some female officers in other jurisdictions are
forced to wear men's vests which, for the obvious reasons, do
not fit properly. One improvement in our bill is to give a
grant preference to agencies that provide uniquely fitted vests
for female officers and others.
You have one of those vests there, do you not, on the
table?
Officer Carrizales. Yes, Chairman, I do.
Chairman Leahy. Could you hold it up, please?
Officer Carrizales. This is a very small--small--woman's
vest, obviously not one that I could fit, but it does show that
it is custom made. It has got the breast plates in the front.
Obviously women's bodies are shaped differently. So whoever
wore this vest, this vest was clearly tailored to that female
officer's body.
The curves tend to run deeper under the armpit area to
compensate for the structure of the woman's body and the
contours of a woman's body, and they usually ride slightly
higher up in the front, depending upon the build of the woman.
But, yes, it is designed specific to each woman.
Chairman Leahy. Everybody is built differently.
Officer Carrizales. Yes.
Chairman Leahy. And you do require that. If you really want
it to be protective, if you really want an officer to wear it,
it has got to be something that fits. That's pretty basic,
right?
Officer Carrizales. Well, that is correct. As with
anything, we cannot use something to its optimal level if it is
not--if it does not fit or work properly. And if a vest is not
fitted to your body, it is not going to protect you where it
needs to protect you, and it is not going to work properly. It
is pretty much counterproductive. A woman wearing a man's vest,
it is flat, so it tends to slide up and ride up, and the collar
will kind of cut up against your collarbone.
Well, I have seen female officers grabbed because it is
exposed. They are grabbed from that area because it almost
serves as a weapon against them. And that thing is strapped
onto your body, so it is much like your hair. Once somebody
grabs hold of that area, they have got you.
Chairman Leahy. Well, your hair. I do not really have that
problem.
[Laughter.]
Chairman Leahy. Chief Zakhary----
Senator Grassley. Could I follow on?
Chairman Leahy. Sure.
Senator Grassley. Because I was going to ask a question
along that line. You can take the time out of my----
Chairman Leahy. No, no. Go ahead.
Senator Grassley. Along the lines of what he was asking
about, I was going to ask you, are there any other changes
needed to make sure that body armor is worn equally by male and
female officers and is equally effective for both male or
female officers? Or do you think that has been taken care of
now?
Officer Carrizales. I believe that I am understanding your
question are there any more changes that I could suggest be
made for vests for both male and female to make them more
productive?
Senator Grassley. Yes.
Officer Carrizales. Well, they could stand to be a bit
lighter, a bit thinner, with the same protection. And I know
for a fact that the company who provides the vests for our
agency, which is PointBlank, has done that. Vests, from what I
understand, they make improvements, you know, every year on
vests. So a lighter vest, a thinner vest that would provide the
same if not more protection, that is obviously going to be a
winner for every officer that has to wear one.
Senator Grassley. Thank you, Mr. Chairman.
Chairman Leahy. Thank you.
It has been my experience--and correct me if I am wrong--
over the years since Senator Campbell and I started this
program, we have seen improvements in the vests. Is that
correct?
Officer Carrizales. Yes.
Chairman Leahy. Thank you. I remember the vest that police
officers had when I was a prosecutor. They were almost
unwearable, and that serves no purpose.
I think, Chief, you talked about these stories of police
officers' lives that have been saved, and there are thousands
more. I know that. We had a terrible shooting here in
Washington, right near the Capitol, last fall at the Navy Yard.
There was a brutal firefight in that. A Metropolitan Police
Department officer was shot in the chest. His bulletproof vest
saved his life. He was able to return fire and stop a gunman
who was hell-bent on killing as many people as he could.
Now, you have a vest there, I understand, from the Graham,
Texas, police officer----
Chief Zakhary. Yes, sir.
Chairman Leahy. Would you tell about what happened there?
Chief Zakhary. Yes, sir. May I stand up?
Chairman Leahy. Please do.
Chief Zakhary. Last week, I was in a training session in
Waco, Texas, and I was talking to my colleagues. There were
about 90 chiefs at the meeting, and I was just talking to them
about how important this vest program was. And the chief, Tony
Winder, came to me, and he says, ``I would have lost an
officer. Officer Putman would have been killed.'' I asked him
if the case had been adjudicated, and he said, yes, it had
been. And I asked him, ``Is there any chance I can have that
vest to demonstrate what happens?''
This vest is what Officer Putman was wearing in 2002. As
you can see, he had it on similar to me right here. You see
where that bullet hit? I am not a doctor, I do not play God,
but I am pretty certain that would have been a fatal shot right
there. That bullet ricocheted off of there. The vest would have
been like this, what is captured right here. Yes, he did suffer
some cuts, and, yes, he did have some injuries. This is what
the back of his vest looked like. But that officer is alive.
That officer is back on the streets today, and he is doing
well. Bulletproof vests.
Chairman Leahy. I do not think it is playing God, Chief,
and none of us do, and I appreciate that. But I think we both
know enough about firearms, we both know enough about
ballistics, and we both know what would have happened if that
officer had not had that vest.
Chief Zakhary. Yes, sir, and I want to reiterate what you
said. In 1979, the bulletproof vest that I was given had a
steel plate in it. So to address Mr. Grassley's comment, there
has been--NIJ has worked very closely with IACP. We have made
tremendous improvements in the vests, and custom-fit vests do
work.
Chairman Leahy. Well, I do not want to be overly parochial,
but my State has 625,000 people. Chief Schirling, whose
testimony I am submitted for the record, is chief of our
largest police department. That is in a city of 38,000. And our
police departments go down in size from that, then we have the
State Police, which covers the State. He said if this program
is not reauthorized, there are a lot of law enforcement
agencies that will not be able to afford protective vests.
You are both from Texas. We think of Texas as a large
State, but you have got a lot of small jurisdictions. Would you
agree with Chief Schirling that if we do not reauthorize this,
there are departments that will not be able to afford the
protective vests?
Officer Carrizales. Absolutely.
Chief Zakhary. Yes, sir, and I checked. Texas has
approximately 75,000 officers, and I am a firm believer that
many, many, many departments will go totally unprotected if
this is not reauthorized, and we will lose officers this year
as a result of non-authorization.
Chairman Leahy. We have lost too many.
Chief Zakhary. Yes, sir.
Officer Carrizales. I know personally I have worked with
officers, even in the area that I do work, that their agency
did not provide them with a vest due to funding. I know that
has been rectified since I last spoke to the officer. I made a
phone call just to kind of get the status, and they were all
fitted and issued as of, I think he said, January or February.
But that was not the case for at least 2 years while he worked
there. He worked without a vest.
Chairman Leahy. Thank you.
Senator Grassley.
Senator Grassley. I have already asked one of my questions.
I am going to refer to FBI Uniform Crime Reports from 2012.
They show a drop of one-third in the number of law enforcement
officers who were feloniously killed compared to the previous
year. It says that only three of these officers died from torso
wounds while wearing bulletproof vests. So it seems to me that
we are succeeding in protecting officers from torso wounds.
Today most police officers who are shot and killed are a
result of head and neck wounds. So my question to both of you
is: Do you have any recommendations on how Congress might now
address, if it is possible to address, the fact that many more
officers die from head and neck wounds than from torso wounds
that the vest protects? Or is that--you may consider that a
naive question, but is there anything that you think we can do
along those lines?
Chief Zakhary. I will give it a shot. Then I will turn it
over.
You know, there is a balance. Everything we do every day is
a calculated risk. Many of those situations are in SWAT entry
operations, and in those operations we do provide the officers
with heavier vests, which we have also been able to purchase
through the BVP program. We provide them with helmets. We
provide them with face shields. What we do not want to do--and
I have met with NIJ on this--we do not want to create robocops
where they cannot move.
So I think it is a matter of calculated risk. We do the
best we can to reduce the area of impact that they can shoot
at.
Officer Carrizales. I would agree with the chief. This job,
when we swear and take this oath and put that badge on, we do
realize the risk that we are taking. There are some things that
we can do to prevent dying, and that is, wear a vest.
What we do not want to do is we do not want to take away
from the officer's ability to execute his or her duties at the
optimal level. I do not think wearing something around our head
is going to do anything but hinder what we can see
peripherally, if I am saying that correctly.
So, no, I do not have any suggestions on what we can do for
protection of head, protection of legs, feet, hands. No, I
think that at this point the most important thing for us to do
is to focus on the vests.
Senator Grassley. Chief Zakhary, I would like to ask you a
question not dealing with vests but because you are here, and I
had a chance to read a couple statements on the website of your
international organization. I would like to ask you: Why does
the International Association of Chiefs of Police support
mandatory minimum sentencing for drug offenders? If you would
feel comfortable answering that.
Chief Zakhary. Well, I mean, I--why do we support it?
Senator Grassley. Yes.
Chief Zakhary. Yes, there are a couple of reasons. The
first one is it is a great investigative tool, and anything
that we would do to lessen that really needs to be carefully
evaluated and thought out from both sides and kind of look at
the whole picture, not just an isolated snapshot at it. But the
sentences really give the prosecutors an opportunity to really
get to the next bigger fish, the next bigger user, the next
bigger transporter. That is why we support that. I am very
carefully thinking through this in the Reduction of Sentencing
Act, sir.
I had two officers injured Friday night that both those
guys would have been eligible as a result of a fight--both of
them would have been eligible for reduced sentences had that
been in place.
Senator Grassley [presiding]. The Chairman asked if I would
recognize Senator Coons. I am going to yield back my time. I do
not think I will use it. Go ahead.
Senator Coons. Thank you very much. I would like to thank
Chairman Leahy and Senator Grassley for holding this important
hearing today.
Last week, as we have all heard, Chairman Leahy went to the
Senate floor and asked unanimous consent for the Senate to take
up and pass this important bipartisan reauthorization bill to
sustain this critical Federal, State, local partnership, the
Bulletproof Vest Partnership, and to support the men and women
of law enforcement who keep our communities safe across the
country.
I was deeply upset, disappointed, and angered that one of
my colleagues continues to block consideration of this bill on
the floor, and I voiced my disagreement with his arguments, his
suggestions that somehow the Constitution prevents us from
having a Federal-State partnership and somehow our budget and
other reasons restrain us from having this cost-effective,
proven, demonstrably valuable partnership.
I would like to enter my full floor remarks into the
hearing record, hopefully without objection.
[The information referred to appears as a submission for
the record.]
Senator Coons. The bottom line here is that this bill must
pass, and we should not rest in our efforts to do what is right
by public safety officers all over this country while they
continue to risk their lives. In the middle of Police Week,
while we mourn the loss of 268 officers who dies and whose
names have been added to the Police Memorial. Between last
night's candlelight vigil and tomorrow's wreath-laying
ceremony, we have an opportunity here to once again in a
bipartisan way commit ourselves to a positive and hopeful
effort, reaffirming the Federal commitment to State and local
law enforcement and to officer safety. This is not only
constitutionally permissible, in my view, but a solemn
obligation.
For Delaware, the Bulletproof Vest Partnership and its
benefits are real, tangible, and personal. Chief Horsman of the
Capitol Police is with us here today, along with Sergeant Mike
Manley and Corporal Steve Rinehart, known to me, who are here
because of the grace of God and the Bulletproof Vest
Partnership. The two vests that they were wearing provided
through this program when they confronted an active shooter in
the Wilmington Courthouse in February 2013 literally saved
their lives. All of Delaware is grateful for your service and
grateful to God for your safety and your continued ability to
contribute to our communities. Thank you.
To Officer Carrizales, thank you so much for your inspiring
and moving testimony, for the letters from your daughter's
class, for the support of your husband, and for the way that
you helped us understand in a very personal way yet again how
vital and how important these bulletproof vests are for keeping
law enforcement officers safe all over this country. Thank you
for your service, thank you for your heroism, and thank you for
your particularly compelling and focused testimony today.
Some of my colleagues, as you have heard, have questioned
whether there ought to be any Federal partnership in supporting
local law enforcement. I happen to be from the small State of
Delaware where crime crosses city and county and State lines
routinely. You are from the somewhat larger State of Texas.
From your perspective--yes, a country unto itself, I know.
[Laughter.]
Senator Coons. From your perspective, do you think these
vests contribute to the national interest in public safety? Are
there things you have seen that have caused you to believe that
you have confronted criminal activity across this State or even
international borders in your public service?
Officer Carrizales. Yes, absolutely. I think that--and I
want to make sure that I understand your question. You are
asking me if the things that I have seen personally in the line
of duty would have an impact on how the citizens perceive----
Senator Coons. Do you see some value in a Federal role in
supporting State and local law enforcement given how criminals
do not stop when they hit the border between the city where you
patrol and the county around it or the city and the county and
the State around it or the city, county, State, and, frankly,
even countries around it?
Officer Carrizales. Well, yes, I absolutely do see that,
that there is value there. Two of the three suspects in my case
had been deported back to their country, their native country,
and come back into the country illegally I think at least once
before. So there is a need, there is definitely a need to have
involvement there.
I do not know exactly--I am not in the know on the
objections of the person that you are referring to, but I would
submit to that person, I hope that you never have to call us to
save your life and we do not have a vest on and someone kills
us because then we cannot help you. And people willfully--and
they will leave the country. It happens all the time. It was
just by good police work and the support of Crime Stoppers in
this case we were able to take all of these three suspects into
custody before that could happen.
Senator Coons. Senator Coburn's comments on the floor in
response to Senator Leahy's requests for us to proceed to this
bill literally touched on his view that the Constitution bars
us somehow from a Federal, State, local partnership. He also
made other comments about costs and about the appropriateness
in a deficit of our contributing.
You referenced the fact that many local agencies would not
be providing bulletproof vests otherwise, that they would
simply be leaving it up to their officers to purchase them.
Officer Carrizales. Correct.
Senator Coons. One of the key Federal roles in this program
is that the National Institutes of Justice test and certify
which vests are appropriate, are current, are fitted
appropriately, use the latest technology. Does it give you any
additional comfort as a law enforcement officer knowing not
only that the vest you were wearing had been paid for jointly
by your agency and the Federal Government but also that it had
been certified to be capable of protecting you and was
appropriately fitted?
Officer Carrizales. Yes, absolutely it gives me comfort to
know that any vest purchased with funds from this grant, if
this bill is passed, any of these vests--that we are not just
getting secondhand vests because we are helping you buy them.
That is not the impression that I am getting. And sometimes
that can be the case when officers are faced to just kind of
get what they get and that is it. We do not get paid a lot of
money. Most officers cannot afford to buy their own custom
vests. So we have to rely on funds or what we get from our
agencies.
It gives me great comfort to know that not only would this
bill provide those funds, but they would also make sure that we
were wearing vests that were tested and tried and proven to
save our life when it mattered most, yes.
Senator Coons. And as I look at the list of the agencies in
Delaware that have been able to provide current custom-fitted
vests for their officers, it runs from our one mid-sized city
to our many small towns and our many rural areas. And I think
your own experience reminds us it is important that we continue
this Federal, State, local partnership.
One last question, if I might, Mr. Chair. To Chief Zakhary,
thank you so much for your leadership and for what the IACP
does to continue nationally a commitment to excellence in
policing. I would welcome your comments on the IACP/DuPont
Kevlar Survivors' Club. This partnership has documented over
3,100 officers' lives who have been saved from wearing body
armor. Could you just describe the work of the Survivors' Club,
how they document these saves? You pretty dramatically
demonstrated how some have been documented. And then talk to
us, if you would, about why innovative technology, current
technology in vests is important as criminals continue to
develop their means of assaulting law enforcement officers?
Chief Zakhary. Yes, sir, I would be honored to do so. The
IACP/DuPont Kevlar Survivors' Club, I had the privilege and
honor of being the Chair of the State Association of Chiefs of
Police, known to us as ``SACOP,'' which oversees and partners
with IACP as one of the many IACP programs into the DuPont
Survivors' Club. And what happens there is we highlight--at a
very nice luncheon, we have all the State Police Chiefs there,
all the State executive directors there, and we highlight at a
luncheon the stories of the heroic acts of police officers who
can walk the streets today because they wore their bulletproof
vests. As was demonstrated by your officers in Delaware, we
highlight those stories, and we have a police officer--not an
administrator, we have a police officer get up and say, ``This
is my story,'' as we heard the officer say. ``This is what
happened. I was wearing my vest. Here is where I was hit. The
vest did exactly what it should. The bullet was embedded in the
vest, not in my chest, not in my stomach.''
And so, yes, sir, that is--I mean, I can go into details,
but I know time is sensitive.
The second question on the technology, if I may, is the
NIJ--let me reiterate, criminals do not respect city limit
signs, county borders, State borders, or global borders. As I
have traveled the world representing IACP, criminals are
criminals. They could care less where they find their prey as
long as they can find it. And it is very comforting to know
that the Federal Government under an NIJ standard is
independent, and when I buy a vest from my officers, I know it
has got that independent NIJ stamp, not that of a vendor or a
special interest group, an independent laboratory that looks
out for one thing, that is, the safety and the wear and tear on
the vest. I have been to their lab, and it is amazing.
Senator Coons. Thank you. Thank you so much for your
testimony.
Chairman Leahy [presiding]. We are going to have votes. A
roll call vote just started. I will skip the vote and stay
here. Go ahead.
Senator Whitehouse. I will be very brief. I just first
wanted to note how fortunate we are that that Vermont criminal
those years ago was a terrible shot, because Chairman Leahy has
for years and at times virtually singlehandedly made sure that
this program continued. And with all of the lives saved as a
result of those bulletproof vests, it is one of a number of
very remarkable achievements.
It is also a reminder, as Senator Coons pointed out, during
this Police Memorial Week of the willingness of our men and
women in law enforcement to go in harm's way for the rest of
us, and it is a very tangible signal of that, and it is
something that I think is worth our pride as your constituents
and those who you serve and protect. So we are very proud of
you.
I would argue also that knowing that there is a solid
partnership behind this program, knowing that there are Federal
resources that are going to continue to flow through this
program, helps build a market for these safety devices, helps
the industry know that they can invest in making lighter, in
making more secure, in making more comfortable and portable
body armor and serve our law enforcement officers better
because they will have the reliability of that market in the
years ahead. And I think that is an important goal as well.
The last point I would make is--well, I will make it in the
form of a question. What is the alternative? What is the
alternative to the body armor in an active shooter situation?
Chief?
Chief Zakhary. As far as no vests? Well, the alternative is
we go into the situation with no vest and we are sitting
targets.
Senator Whitehouse. Pretty simple, isn't it?
Chief Zakhary. Yes, sir.
Senator Whitehouse. Officer Carrizales?
Officer Carrizales. Death.
Senator Whitehouse. Yes. Well, it was a very disappointing
moment--I think the Chairman was powerful on the floor in
support of this, and it was a discouraging moment when one of
our body chose to interrupt a program like this that is a
partnership that saves lives, that helps develop an important
American technology for our police officers, and all over--
well, ideology, for want of a better word. Thank you. Thank you
both for your service and for being here.
Chairman Leahy. And I should note that when I stepped out,
that was to take a phone call from the Majority Leader, who is
going to try again to get the other side to release their hold
so that we can get this Bulletproof Vest Partnership
reauthorized.
Senator Klobuchar, another former prosecutor.
Senator Klobuchar. Thank you so much, Mr. Chairman. Thank
you for your work and this important hearing. I was listening
to Senator Whitehouse apologizing for one of our body stopping
the bill. I was thinking one of our body stopped you from
protecting your body. And so I am hoping that they will see the
light, and maybe they need to meet both of you and hear your
stories. And thank you, Officer Carrizales. Thanks to the
bulletproof vest and your bravery, you have your life, your
husband has his wife, your kids have their mother, and the
people of your town in Texas have you as a role model and a
prosecutor.
Thank you also, Chief, for the day-to-day work that you do,
like so many chiefs and officers across this country. And I
appreciated that the Chairman asked the question about women
wearing the vests. I have heard these issues before. I have a
lot of friends in my former job. I just got together with all
the women in leadership in the police world in Minnesota for
dinner. We had a lot of fun, I will tell you. We do that about
every other year and remembering old times, but I know some of
them have been helped by bulletproof vests.
And, in fact, just a few weeks ago, Deputy Nathan Warren in
Norman County in northwest Minnesota was shot during a routine
traffic stop and survived because he was wearing a bulletproof
vest. And the officer's injuries were non-life-threatening. He
was able to return fire as the suspect fled, and law
enforcement found the suspect a few hours later. The
bulletproof vest saved his life just as it saved your life.
I wanted to ask you what you thought we could do to better
improve the program. I would guess your answer is going to be
funding, but maybe I will start with you, Chief.
Chief Zakhary. Thank you. I think, of course, it is
funding. If the program is carried out as it has been, I think
it is a great program. What I would ask that you not do is not
make it so complicated. The program has worked under your
leadership, sir, and if we can get it reauthorized, I think we
would be very pleased, and I feel comfortable speaking for
almost all 18,000 law enforcement agencies across this great
country.
Senator Klobuchar. Okay. Well, maybe that is a good way to
end. I can put my other questions on the record.
Chairman Leahy. That was a good question. We have time if
you have more questions, but, Chief, if I can just say, I also
like the fact when you talked about having the vests, making it
clear where they come from and how they are designed, and have,
you know, the stamp of approval, or what people would probably
call the ``Good Housekeeping Stamp of Approval.'' Rather than
just somebody thinking this is a great way to make money and do
a fly by-night type of program, which saves nobody. But,
Senator Klobuchar, go ahead if you have----
Senator Klobuchar. Well, one of the things I noticed, the
manufacturers say there is a 5-year warranty on the vests, and
in your experience, how long do you think these vests last? And
do people wear them after the warranty expires?
Chief Zakhary. We have had this debate with the
manufacturer. They only will warranty them for 5 years. I think
the vests could last a lot longer. But I am not the scientists,
I am not the expert. They do it all on probabilities, and there
is always that one probability and that one small chance.
I think what is really important is to try to get the life
of the vests up to perhaps 7, 8 years. I think that would even
be more effective and perhaps--we have talked to NIJ about the
extension of that through DuPont and the Kevlar material. What
I really want to reiterate, though, is we must have the NIJ
stamp, because what we do not want is vests made globally that
look good, feel good, but are paperweights. They must be
fitted. They must have that--if I am going to purchase a vest
using taxpayers' dollars, I have to have the assurance that if
you are going to give us the funding that the Senator and you
and everybody has fought for, that it has got to be a product
that is going to stop the bullet it is designed to stop. An NIJ
stamp is imperative.
Senator Klobuchar. Exactly. And we understand that.
I also want to let you know that I am leading a COPS
reauthorization bill that we are working very hard to get done,
and we have a bipartisan companion bill in the House, and we
think that is also very important. And the Chairman has long
supported those efforts with Byrne grants and everything else.
We hope to up the funding this year as we look at some of the
sentencing changes and other things that we still will be
working out on the floor. I think part of that should be more
funding for COPS.
Chief Zakhary. Thank you.
Senator Klobuchar. Thanks very much.
Chairman Leahy. With that, the vote has started, so I thank
you both. Officer, my son would criticize me if I did not
remember to say, ``Semper Fi.''
Officer Carrizales. Semper Fi.
Chairman Leahy. We stand in recess.
[Whereupon, at 11:19 a.m., the Committee was adjourned.]
[Additional material submitted for the record follows.]
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