[Congressional Record Volume 146, Number 135 (Wednesday, October 25, 2000)]
[Senate]
[Pages S11013-S11014]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  JAMES GUELFF BODY ARMOR ACT OF 2000

  Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of Calendar No. 733, S. 
783, by Senator Dianne Feinstein.

[[Page S11014]]

  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary with an 
amendment, as follows:
  (Strike out all after the enacting clause and insert the part printed 
in italic.)

     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.

  Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the 
committee amendment be agreed to, the bill be considered read the third 
time and passed, the motion to reconsider be laid upon the table, and 
that any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 783), as amended, was read the third time and passed.

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