[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 783 Reported in Senate (RS)]






                                                       Calendar No. 733
106th CONGRESS
  2d Session
                                 S. 783

 To limit access to body armor by violent felons and to facilitate the 
     donation of Federal surplus body armor to State and local law 
                         enforcement agencies.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 13, 1999

 Mrs. Feinstein (for herself, Mr. Sessions, Mr. Reid, Mrs. Boxer, Mr. 
  Kerry, Mr. Byran, Mr. Durbin, Mr. Cleland, Mr. Biden, and Mr. Robb) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

                             July 27, 2000

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To limit access to body armor by violent felons and to facilitate the 
     donation of Federal surplus body armor to State and local law 
                         enforcement agencies.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``James Guelff Body Armor Act 
of 1999''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) nationally, police officers and ordinary 
        citizens are facing increased danger as criminals use more 
        deadly weaponry, body armor, and other sophisticated assault 
        gear;</DELETED>
        <DELETED>    (2) crime at the local level is exacerbated by the 
        interstate movement of body armor and other assault 
        gear;</DELETED>
        <DELETED>    (3) there is a traffic in body armor moving in or 
        otherwise affecting interstate commerce, and existing Federal 
        controls over such traffic do not adequately enable the States 
        to control this traffic within their own borders through the 
        exercise of their police power;</DELETED>
        <DELETED>    (4) recent incidents, such as the murder of San 
        Francisco Police Officer James Guelff by an assailant wearing 2 
        layers of body armor and a 1997 bank shoot out in north 
        Hollywood, California, between police and 2 heavily armed 
        suspects outfitted in body armor, demonstrate the serious 
        threat to community safety posed by criminals who wear body 
        armor during the commission of a violent crime;</DELETED>
        <DELETED>    (5) of the approximately 1,200 officers killed in 
        the line of duty since 1980, more than 30 percent could have 
        been saved by body armor, and the risk of dying from gunfire is 
        14 times higher for an officer without a bulletproof 
        vest;</DELETED>
        <DELETED>    (6) the Department of Justice has estimated that 
        25 percent of State and local police are not issued body 
        armor;</DELETED>
        <DELETED>    (7) the Federal Government is well-equipped to 
        grant local police departments access to body armor that is no 
        longer needed by Federal agencies; and</DELETED>
        <DELETED>    (8) Congress has the power, under the interstate 
        commerce clause and other provisions of the Constitution of the 
        United States, to enact legislation to regulate interstate 
        commerce that affects the integrity and safety of our 
        communities.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Body armor.--The term ``body armor'' means any 
        product sold or offered for sale, in interstate or foreign 
        commerce, as personal protective body covering intended to 
        protect against gunfire, regardless of whether the product is 
        to be worn alone or is sold as a complement to another product 
        or garment.</DELETED>
        <DELETED>    (2) Law enforcement agency.--The term ``law 
        enforcement agency'' means an agency of the United States, a 
        State, or a political subdivision of a State, authorized by law 
        or by a government agency to engage in or supervise the 
        prevention, detection, investigation, or prosecution of any 
        violation of criminal law.</DELETED>
        <DELETED>    (3) Law enforcement officer.--The term ``law 
        enforcement officer'' means any officer, agent, or employee of 
        the United States, a State, or a political subdivision of a 
        State, authorized by law or by a government agency to engage in 
        or supervise the prevention, detection, investigation, or 
        prosecution of any violation of criminal law.</DELETED>

<DELETED>SEC. 4. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO 
              BODY ARMOR.</DELETED>

<DELETED>    (a) Sentencing Enhancement.--The United States Sentencing 
Commission shall amend the Federal sentencing guidelines to provide an 
appropriate sentencing enhancement, increasing the offense level not 
less than 2 levels, for any offense in which the defendant used body 
armor.</DELETED>
<DELETED>    (b) Applicability.--No amendment made to the Federal 
Sentencing Guidelines pursuant to this section shall apply if the 
Federal offense in which the body armor is used constitutes a violation 
of, attempted violation of, or conspiracy to violate the civil rights 
of any person by a law enforcement officer acting under color of the 
authority of such law enforcement officer.</DELETED>

<DELETED>SEC. 5. PROHIBITION OF PURCHASE, USE, OR POSSESSION OF BODY 
              ARMOR BY VIOLENT FELONS.</DELETED>

<DELETED>    (a) Definition of Body Armor.--Section 921 of title 18, 
United States Code, is amended by adding at the end the 
following:</DELETED>
        <DELETED>    ``(35) The term `body armor' means any product 
        sold or offered for sale, in interstate or foreign commerce, as 
        personal protective body covering intended to protect against 
        gunfire, regardless of whether the product is to be worn alone 
        or is sold as a complement to another product or 
        garment.''.</DELETED>
<DELETED>    (b) Prohibition.--</DELETED>
        <DELETED>    (1) In general.--Chapter 44 of title 18, United 
        States Code, is amended by adding at the end the 
        following:</DELETED>
<DELETED>``Sec. 931. Prohibition on purchase, ownership, or possession 
              of body armor by violent felons</DELETED>
<DELETED>    ``(a) In General.--Except as provided in subsection (b), 
it shall be unlawful for a person to purchase, own, or possess body 
armor, if that person has been convicted of a felony that is--
</DELETED>
        <DELETED>    ``(1) a crime of violence (as defined in section 
        16); or</DELETED>
        <DELETED>    ``(2) an offense under State law that would 
        constitute a crime of violence if it occurred within the 
        special maritime and territorial jurisdiction of the United 
        States.</DELETED>
<DELETED>    ``(b) Exception.--</DELETED>
        <DELETED>    ``(1) Application.--A person who is subject to the 
        prohibition of subsection (a) whose employment, livelihood, or 
        safety is dependent on the ability to possess and use body 
        armor, may file a petition with the Secretary for an exception 
        to the prohibition of subsection (a).</DELETED>
        <DELETED>    ``(2) Action by secretary.--Upon receipt of a 
        petition under paragraph (1), the Secretary may reduce or 
        eliminate the prohibition of subsection (a), impose conditions 
        on reduction or elimination of the prohibition, or otherwise 
        grant relief from the prohibition, as the Secretary determines 
        to be appropriate, based on a determination that the 
        petitioner--</DELETED>
                <DELETED>    ``(A) is likely to use body armor in a 
                safe and lawful manner; and</DELETED>
                <DELETED>    ``(B) has a reasonable need for such 
                protection under the circumstances.</DELETED>
        <DELETED>    ``(3) Factors for consideration.--In making a 
        determination under paragraph (2) with respect to a petitioner, 
        the Secretary shall consider--</DELETED>
                <DELETED>    ``(A) any continued employment of the 
                petitioner;</DELETED>
                <DELETED>    ``(B) the interests of justice;</DELETED>
                <DELETED>    ``(C) any relevant evidence; and</DELETED>
                <DELETED>    ``(D) the totality of the 
                circumstances.</DELETED>
        <DELETED>    ``(4) Certified copy of permission.--The Secretary 
        shall require, as a condition of granting any exception to a 
        petitioner under this subsection, that the petitioner agree to 
        maintain on his or her person a certified copy of the 
        Secretary's permission to possess and use body armor, including 
        any conditions or limitations.</DELETED>
        <DELETED>    ``(5) Rule of construction.--Nothing in this 
        subsection may be construed to--</DELETED>
                <DELETED>    ``(A) require the Secretary to grant 
                relief to any particular petitioner; or</DELETED>
                <DELETED>    ``(B) imply that any relief granted by the 
                Secretary under this subsection relieves any other 
                person from any liability that may otherwise be 
                imposed.</DELETED>
<DELETED>    ``(c) Immunity From Liability.--</DELETED>
        <DELETED>    ``(1) In general.--An officer or employee of a law 
        enforcement agency who enforces the prohibition specified in 
        subsection (a) against a person who has been granted relief 
        pursuant to subsection (b), shall be immune from any liability 
        for false arrest arising from the enforcement of this section 
        unless the person has in his or her possession a certified copy 
        of the permission granting the person relief from the 
        prohibition, as required by subsection (b)(4).</DELETED>
        <DELETED>    ``(2) Rule of construction.--The immunity from 
        liability described in paragraph (1) shall not relieve any 
        person or entity from any other liability that may otherwise be 
        imposed.''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The analysis for chapter 
        44 of title 18, United States Code, is amended by adding at the 
        end the following:</DELETED>

<DELETED>``931. Prohibition on purchase, ownership, or possession of 
                            body armor by violent felons.''.
<DELETED>    (c) Penalties.--Section 924(a) of title 18, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>    ``(7) Whoever knowingly violates section 931 shall be 
fined under this title, imprisoned not more than 3 years, or 
both.''.</DELETED>

<DELETED>SEC. 6. DONATION OF FEDERAL SURPLUS BODY ARMOR TO STATE AND 
              LOCAL LAW ENFORCEMENT AGENCIES.</DELETED>

<DELETED>    (a) Definitions.--In this section, the terms ``Federal 
agency'' and ``surplus property'' have the meanings given such terms 
under section 3 of the Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 472).</DELETED>
<DELETED>    (b) Donation of Body Armor.--Notwithstanding section 203 
of the Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 484), the head of a Federal agency may donate body armor 
directly to any State or local law enforcement agency, if such body 
armor is--</DELETED>
        <DELETED>    (1) in serviceable condition; and</DELETED>
        <DELETED>    (2) surplus property.</DELETED>
<DELETED>    (c) Notice to Administrator.--The head of a Federal agency 
who donates body armor under this section shall submit to the 
Administrator of General Services a written notice identifying the 
amount of body armor donated and each State or local law enforcement 
agency that received the body armor.</DELETED>
<DELETED>    (d) Donation by Certain Officers.--</DELETED>
        <DELETED>    (1) Department of justice.--In the administration 
        of this section with respect to the Department of Justice, in 
        addition to any other officer of the Department of Justice 
        designated by the Attorney General, the following officers may 
        act as the head of a Federal agency:</DELETED>
                <DELETED>    (A) The Administrator of the Drug 
                Enforcement Administration.</DELETED>
                <DELETED>    (B) The Director of the Federal Bureau of 
                Investigation.</DELETED>
                <DELETED>    (C) The Commissioner of the Immigration 
                and Naturalization Service.</DELETED>
                <DELETED>    (D) The Director of the United States 
                Marshals Service.</DELETED>
        <DELETED>    (2) Department of the treasury.--In the 
        administration of this section with respect to the Department 
        of the Treasury, in addition to any other officer of the 
        Department of the Treasury designated by the Secretary of the 
        Treasury, the following officers may act as the head of a 
        Federal agency:</DELETED>
                <DELETED>    (A) The Director of the Bureau of Alcohol, 
                Tobacco, and Firearms.</DELETED>
                <DELETED>    (B) The Commissioner of Customs.</DELETED>
                <DELETED>    (C) The Director of the United States 
                Secret Service.</DELETED>

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``James Guelff Body Armor Act of 2000''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) nationally, police officers and ordinary citizens are 
        facing increased danger as criminals use more deadly weaponry, 
        body armor, and other sophisticated assault gear;
            (2) crime at the local level is exacerbated by the 
        interstate movement of body armor and other assault gear;
            (3) there is a traffic in body armor moving in or otherwise 
        affecting interstate commerce, and existing Federal controls 
        over such traffic do not adequately enable the States to 
        control this traffic within their own borders through the 
        exercise of their police power;
            (4) recent incidents, such as the murder of San Francisco 
        Police Officer James Guelff by an assailant wearing 2 layers of 
        body armor and a 1997 bank shoot out in north Hollywood, 
        California, between police and 2 heavily armed suspects 
        outfitted in body armor, demonstrate the serious threat to 
        community safety posed by criminals who wear body armor during 
        the commission of a violent crime;
            (5) of the approximately 1,200 officers killed in the line 
        of duty since 1980, more than 30 percent could have been saved 
        by body armor, and the risk of dying from gunfire is 14 times 
        higher for an officer without a bulletproof vest;
            (6) the Department of Justice has estimated that 25 percent 
        of State and local police are not issued body armor;
            (7) the Federal Government is well-equipped to grant local 
        police departments access to body armor that is no longer 
        needed by Federal agencies; and
            (8) Congress has the power, under the interstate commerce 
        clause and other provisions of the Constitution of the United 
        States, to enact legislation to regulate interstate commerce 
        that affects the integrity and safety of our communities.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Body armor.--The term ``body armor'' means any product 
        sold or offered for sale, in interstate or foreign commerce, as 
        personal protective body covering intended to protect against 
        gunfire, regardless of whether the product is to be worn alone 
        or is sold as a complement to another product or garment.
            (2) Law enforcement agency.--The term ``law enforcement 
        agency'' means an agency of the United States, a State, or a 
        political subdivision of a State, authorized by law or by a 
        government agency to engage in or supervise the prevention, 
        detection, investigation, or prosecution of any violation of 
        criminal law.
            (3) Law enforcement officer.--The term ``law enforcement 
        officer'' means any officer, agent, or employee of the United 
        States, a State, or a political subdivision of a State, 
        authorized by law or by a government agency to engage in or 
        supervise the prevention, detection, investigation, or 
        prosecution of any violation of criminal law.

SEC. 4. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO BODY ARMOR.

    (a) Sentencing Enhancement.--The United States Sentencing 
Commission shall amend the Federal sentencing guidelines to provide an 
appropriate sentencing enhancement, increasing the offense level not 
less than 2 levels, for any offense in which the defendant used body 
armor.
    (b) Applicability.--No amendment made to the Federal Sentencing 
Guidelines pursuant to this section shall apply if the Federal offense 
in which the body armor is used constitutes a violation of, attempted 
violation of, or conspiracy to violate the civil rights of any person 
by a law enforcement officer acting under color of the authority of 
such law enforcement officer.

SEC. 5. PROHIBITION OF PURCHASE, USE, OR POSSESSION OF BODY ARMOR BY 
              VIOLENT FELONS.

    (a) Definition of Body Armor.--Section 921(a) of title 18, United 
States Code, is amended by adding at the end the following:
          ``(35) The term `body armor' means any product sold or 
        offered for sale, in interstate or foreign commerce, as 
        personal protective body covering intended to protect against 
        gunfire, regardless of whether the product is to be worn alone 
        or is sold as a complement to another product or garment.''.
    (b) Prohibition.--
            (1) In general.--Chapter 44 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 931. Prohibition on purchase, ownership, or possession of body 
              armor by violent felons
    ``(a) In General.--Except as provided in subsection (b), it shall 
be unlawful for a person to purchase, own, or possess body armor, if 
that person has been convicted of a felony that is--
            ``(1) a crime of violence (as defined in section 16); or
            ``(2) an offense under State law that would constitute a 
        crime of violence under paragraph (1) if it  occurred within 
the special maritime and territorial jurisdiction of the United States.
    ``(b) Affirmative Defense.--
            ``(1) In general.--It shall be an affirmative defense under 
        this section that--
                    ``(A) the defendant obtained prior written 
                certification from his or her employer that the 
                defendant's purchase, use, or possession of body armor 
                was necessary for the safe performance of lawful 
                business activity; and
                    ``(B) the use and possession by the defendant were 
                limited to the course of such performance.
            ``(2) Employer.--In this subsection, the term `employer' 
        means any other individual employed by the defendant's business 
        that supervises defendant's activity. If that defendant has no 
        supervisor, prior written certification is acceptable from any 
        other employee of the business.''.
            (2) Clerical amendment.--The analysis for chapter 44 of 
        title 18, United States Code, is amended by adding at the end 
        the following:

``931. Prohibition on purchase, ownership, or possession of body armor 
                            by violent felons.''.
    (c) Penalties.--Section 924(a) of title 18, United States Code, is 
amended by adding at the end the following:
    ``(7) Whoever knowingly violates section 931 shall be fined under 
this title, imprisoned not more than 3 years, or both.''.

SEC. 6. DONATION OF FEDERAL SURPLUS BODY ARMOR TO STATE AND LOCAL LAW 
              ENFORCEMENT AGENCIES.

    (a) Definitions.--In this section, the terms ``Federal agency'' and 
``surplus property'' have the meanings given such terms under section 3 
of the Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 472).
    (b) Donation of Body Armor.--Notwithstanding section 203 of the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
484), the head of a Federal agency may donate body armor directly to 
any State or local law enforcement agency, if such body armor is--
            (1) in serviceable condition; and
            (2) surplus property.
    (c) Notice to Administrator.--The head of a Federal agency who 
donates body armor under this section shall submit to the Administrator 
of General Services a written notice identifying the amount of body 
armor donated and each State or local law enforcement agency that 
received the body armor.
    (d) Donation by Certain Officers.--
            (1) Department of justice.--In the administration of this 
        section with respect to the Department of Justice, in addition 
        to any other officer of the Department of Justice designated by 
        the Attorney General, the following officers may act as the 
        head of a Federal agency:
                    (A) The Administrator of the Drug Enforcement 
                Administration.
                    (B) The Director of the Federal Bureau of 
                Investigation.
                    (C) The Commissioner of the Immigration and 
                Naturalization Service.
                    (D) The Director of the United States Marshals 
                Service.
            (2) Department of the treasury.--In the administration of 
        this section with respect to the Department of the Treasury, in 
        addition to any other officer of the Department of the Treasury 
        designated by the Secretary of the Treasury, the following 
        officers may act as the head of a Federal agency:
                    (A) The Director of the Bureau of Alcohol, Tobacco, 
                and Firearms.
                    (B) The Commissioner of Customs.
                    (C) The Director of the United States Secret 
                Service.
    (e) No Liability.--Notwithstanding any other provision of law, the 
United States shall not be liable for any harm occurring in connection 
with the use or misuse of any body armor donated under this section.




                                                       Calendar No. 733

106th CONGRESS

  2d Session

                                 S. 783

_______________________________________________________________________

                                 A BILL

 To limit access to body armor by violent felons and to facilitate the 
     donation of Federal surplus body armor to State and local law 
                         enforcement agencies.

_______________________________________________________________________

                             July 27, 2000

                       Reported with an amendment