[Congressional Record (Bound Edition), Volume 147 (2001), Part 6]
[Senate]
[Pages 7986-7987]
[From the U.S. Government Publishing Office, www.gpo.gov]



         JAMES GUELFF AND CHRIS McCURLEY BODY ARMOR ACT OF 2001

  Mr. JEFFORDS. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of Calendar No. 38, S. 166.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (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.

  The Senate proceeded to consider the bill, which had been reported 
from the Committee on the Judiciary with an amendment to strike all 
after the enacting clause and insert in lieu thereof the following:

     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

[[Page 7987]]

     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.

  Mrs. FEINSTEIN. Mr. President, I rise in support of Senate passage of 
the James Guelff and Chris McCurley Body Armor Act. This bill is named 
after two police officers who were killed in the line of duty by 
criminal assailants wearing body armor.
  I thank Senator Sessions, Senator Hatch, and Senator Leahy, among 
others, for working so diligently with me to craft and pass this 
bipartisan legislation.
  I would also like to recognize Lee Guelff, brother of James Guelff, 
as well as the many other individuals who worked tirelessly on behalf 
of this legislation.
  I introduced this legislation almost six years ago in response to the 
death of San Francisco police officer James Guelff. on November 13, 
1994, Officer Guelff responded to a distress call. Upon reaching the 
crime scene, he was fired upon by a heavily armed suspect who was 
shielded by a kevlar vest and bulletproof helmet. Officer Guelff died 
in the ensuing gunfight.
  The James Guelff and Chris McCurley Body Armor Act is designed to 
deter criminals from wearing body armor, and to distribute excess 
Federal body armor to local police.
  Lee Guelff, brother of Officer James Guelff, wrote to me about the 
need to revise the laws relating to body armor. He wrote:

       It's bad enough when officers have to face gunmen in 
     possession of superior firepower . . . But to have to 
     confront suspects shielded by equal or better defensive 
     protection as well goes beyond the bounds of acceptable risk 
     for officers and citizens alike. No officer should have to 
     face the same set of deadly circumstances again.

  I strongly agree with Lee.
  The legislation has three key provisions. First, it directs the U.S. 
Sentencing Commission to provide an appropriate sentencing enhancement 
for any crime of violence or drug trafficking crime in which the 
defendant used body armor.
  Second, it makes it unlawful for a person who has been convicted of a 
violent felony to purchase, own, or possess body armor.
  It is unconscionable that current laws permit felons to obtain and 
wear body armor without restriction when so many of our police lack 
comparable protection.
  Finally, the bill enables Federal law enforcement agencies to donate 
surplus body armor (approximately 10,000 vests) directly to local and 
state police departments;
  Far too many of our local police officers do not have access to body 
armor. The United States Department of Justice estimates that 25% of 
State, local, and tribal law enforcement officers, approximately 
150,000 officers, are not issued body armor.
  Getting our police officers more body armor will save lives.
  According to the Federal Bureau of Investigation, more than 30% of 
the 1,200 officers killed by guns in the line of duty since 1980 could 
have survived if they wore body armor.
  This bill has the support of organizations representing 500,000 law 
enforcement personnel nationwide including: Fraternal Order of Police; 
National Association of Police Organizations; National Sheriff's 
Association; National Troopers Coalition; International Association of 
Police Chiefs; Federal Law Enforcement Officers Assn; Police Executive 
Research Forum; International Brotherhood of Police Officers; Major 
City Chiefs; and National Assn. Black Law Enforcement Executives.
  Once again, I commend the Senate for passing this important and long 
overdue legislation.
  Mr. JEFFORDS. Mr. President, I ask unanimous consent that the 
committee substitute be agreed to, the bill be 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. 166), as amended, was read the third time and passed.

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