[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 166 Reported in Senate (RS)]

                                                        Calendar No. 38
107th CONGRESS
  1st Session
                                 S. 166

 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

                            January 24, 2001

Mrs. Feinstein (for herself and Mr. Sessions) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

                              May 10, 2001

                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 2001''.</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) In General.--Pursuant to its authority under section 
994(p) of title 28, United States Code, the United States Sentencing 
Commission shall review and amend the Federal sentencing guidelines and 
the policy statements of the Commission, as appropriate, to provide an 
appropriate sentencing enhancement for any crime of violence (as 
defined in section 16 of title 18, United States Code) or drug 
trafficking crime (as defined in section 924(c) of title 18, United 
States Code) (including a crime of violence or drug trafficking crime 
that provides for an enhanced punishment if committed by the use of a 
deadly or dangerous weapon or device) in which the defendant used body 
armor.</DELETED>
<DELETED>    (b) Sense of Congress.--It is the sense of Congress that 
any sentencing enhancement under this section should be at least 2 
levels.</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(a) 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 under paragraph (1) if it 
        occurred within the special maritime and territorial 
        jurisdiction of the United States.</DELETED>
<DELETED>    ``(b) Affirmative Defense.--</DELETED>
        <DELETED>    ``(1) In general.--It shall be an affirmative 
        defense under this section that--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) the use and possession by the 
                defendant were limited to the course of such 
                performance.</DELETED>
        <DELETED>    ``(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.''.</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--</DELETED>
        <DELETED>    (1) is in serviceable condition;</DELETED>
        <DELETED>    (2) is surplus property; and</DELETED>
        <DELETED>    (3) meets or exceeds the requirements of National 
        Institute of Justice Standard 0101.03 (as in effect on the date 
        of enactment of this Act).</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>
<DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``James Guelff and Chris McCurley Body 
Armor Act of 2001''.

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, a 1997 bank shoot out in north Hollywood, 
        California, between police and 2 heavily armed suspects 
        outfitted in body armor, and the 1997 murder of Captain Chris 
        McCurley of the Etowah County, Alabama Drug Task Force by a 
        drug dealer shielded by protective 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) In General.--Pursuant to its authority under section 994(p) of 
title 28, United States Code, the United States Sentencing Commission 
shall review and amend the Federal sentencing guidelines and the policy 
statements of the Commission, as appropriate, to provide an appropriate 
sentencing enhancement for any crime of violence (as defined in section 
16 of title 18, United States Code) or drug trafficking crime (as 
defined in section 924(c) of title 18, United States Code) (including a 
crime of violence or drug trafficking crime that provides for an 
enhanced punishment if committed by the use of a deadly or dangerous 
weapon or device) in which the defendant used body armor.
    (b) Sense of Congress.--It is the sense of Congress that any 
sentencing enhancement under this section should be at least 2 levels.

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--
            (1) is in serviceable condition;
            (2) is surplus property; and
            (3) meets or exceeds the requirements of National Institute 
        of Justice Standard 0101.03 (as in effect on the date of 
        enactment of this Act).
    (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. 38

107th CONGRESS

  1st Session

                                 S. 166

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 10, 2001

                       Reported with an amendment