II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘James Guelff Body

5 Armor Act of 1999’’.
2

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1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) nationally, police officers and ordinary citi4 zens are facing increased danger as criminals use

5 more deadly weaponry, body armor, and other so6 phisticated assault gear;

7 (2) crime at the local level is exacerbated by the

8 interstate movement of body armor and other as9 sault gear;

10 (3) there is a traffic in body armor moving in

11 or otherwise affecting interstate commerce, and ex12 isting Federal controls over such traffic do not ade13 quately enable the States to control this traffic with14 in their own borders through the exercise of their

15 police power;

16 (4) recent incidents, such as the murder of San

17 Francisco Police Officer James Guelff by an assail18 ant wearing 2 layers of body armor and a 1997

19 bank shoot out in north Hollywood, California, be20 tween police and 2 heavily armed suspects outfitted

21 in body armor, demonstrate the serious threat to

22 community safety posed by criminals who wear body

23 armor during the commission of a violent crime;

24 (5) of the approximately 1,200 officers killed in

25 the line of duty since 1980, more than 30 percent

26 could have been saved by body armor, and the risk
3

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1 of dying from gunfire is 14 times higher for an offi2 cer without a bulletproof vest;

3 (6) the Department of Justice has estimated

4 that 25 percent of State and local police are not

5 issued body armor;

6 (7) the Federal Government is well-equipped to

7 grant local police departments access to body armor

8 that is no longer needed by Federal agencies; and

9 (8) Congress has the power, under the inter10 state commerce clause and other provisions of the

11 Constitution of the United States, to enact legisla12 tion to regulate interstate commerce that affects the

13 integrity and safety of our communities.

14 SEC. 3. DEFINITIONS.

15 In this Act:

16 (1) BODY ARMOR.—The term ‘‘body armor’’

17 means any product sold or offered for sale, in inter18 state or foreign commerce, as personal protective

19 body covering intended to protect against gunfire,

20 regardless of whether the product is to be worn

21 alone or is sold as a complement to another product

22 or garment.

23 (2) LAW ENFORCEMENT AGENCY.—The term

24 ‘‘law enforcement agency’’ means an agency of the

25 United States, a State, or a political subdivision of
4

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1 a State, authorized by law or by a government agen2 cy to engage in or supervise the prevention, detec3 tion, investigation, or prosecution of any violation of

4 criminal law.

5 (3) LAW ENFORCEMENT OFFICER.—The term

6 ‘‘law enforcement officer’’ means any officer, agent,

7 or employee of the United States, a State, or a polit8 ical subdivision of a State, authorized by law or by

9 a government agency to engage in or supervise the

10 prevention, detection, investigation, or prosecution of

11 any violation of criminal law.

12 SEC. 4. AMENDMENT OF SENTENCING GUIDELINES WITH

13 RESPECT TO BODY ARMOR.

14 (a) SENTENCING ENHANCEMENT.—The United

15 States Sentencing Commission shall amend the Federal

16 sentencing guidelines to provide an appropriate sentencing

17 enhancement, increasing the offense level not less than 2

18 levels, for any offense in which the defendant used body

19 armor.

20 (b) APPLICABILITY.—No amendment made to the

21 Federal Sentencing Guidelines pursuant to this section

22 shall apply if the Federal offense in which the body armor

23 is used constitutes a violation of, attempted violation of,

24 or conspiracy to violate the civil rights of any person by
5

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1 a law enforcement officer acting under color of the author2 ity of such law enforcement officer.

3 SEC. 5. PROHIBITION OF PURCHASE, USE, OR POSSESSION

4 OF BODY ARMOR BY VIOLENT FELONS.

5 (a) DEFINITION OF BODY ARMOR.—Section 921 of

6 title 18, United States Code, is amended by adding at the

7 end the following:

8 ‘‘(35) The term ‘body armor’ means any prod9 uct sold or offered for sale, in interstate or foreign

10 commerce, as personal protective body covering in11 tended to protect against gunfire, regardless of

12 whether the product is to be worn alone or is sold

13 as a complement to another product or garment.’’.

14 (b) PROHIBITION.—

15 (1) IN GENERAL.—Chapter 44 of title 18,

16 United States Code, is amended by adding at the

17 end the following:

18 ‘‘§ 931. Prohibition on purchase, ownership, or pos19 session of body armor by violent felons

20 ‘‘(a) IN GENERAL.—Except as provided in subsection

21 (b), it shall be unlawful for a person to purchase, own,

22 or possess body armor, if that person has been convicted

23 of a felony that is—

24 ‘‘(1) a crime of violence (as defined in section

25 16); or
6

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1 ‘‘(2) an offense under State law that would con2 stitute a crime of violence if it occurred within the

3 special maritime and territorial jurisdiction of the

4 United States.

5 ‘‘(b) EXCEPTION.—

6 ‘‘(1) APPLICATION.—A person who is subject to

7 the prohibition of subsection (a) whose employment,

8 livelihood, or safety is dependent on the ability to

9 possess and use body armor, may file a petition with

10 the Secretary for an exception to the prohibition of

11 subsection (a).

12 ‘‘(2) ACTION BY SECRETARY.—Upon receipt of

13 a petition under paragraph (1), the Secretary may

14 reduce or eliminate the prohibition of subsection (a),

15 impose conditions on reduction or elimination of the

16 prohibition, or otherwise grant relief from the prohi17 bition, as the Secretary determines to be appro18 priate, based on a determination that the

19 petitioner—

20 ‘‘(A) is likely to use body armor in a safe

21 and lawful manner; and

22 ‘‘(B) has a reasonable need for such pro23 tection under the circumstances.
7

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1 ‘‘(3) FACTORS FOR CONSIDERATION.—In mak2 ing a determination under paragraph (2) with re3 spect to a petitioner, the Secretary shall consider—

4 ‘‘(A) any continued employment of the pe5 titioner;

6 ‘‘(B) the interests of justice;

7 ‘‘(C) any relevant evidence; and

8 ‘‘(D) the totality of the circumstances.

9 ‘‘(4) CERTIFIED COPY OF PERMISSION.—The

10 Secretary shall require, as a condition of granting

11 any exception to a petitioner under this subsection,

12 that the petitioner agree to maintain on his or her

13 person a certified copy of the Secretary’s permission

14 to possess and use body armor, including any condi15 tions or limitations.

16 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in

17 this subsection may be construed to—

18 ‘‘(A) require the Secretary to grant relief

19 to any particular petitioner; or

20 ‘‘(B) imply that any relief granted by the

21 Secretary under this subsection relieves any

22 other person from any liability that may other23 wise be imposed.

24 ‘‘(c) IMMUNITY FROM LIABILITY.—
8

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1 ‘‘(1) IN GENERAL.—An officer or employee of a

2 law enforcement agency who enforces the prohibition

3 specified in subsection (a) against a person who has

4 been granted relief pursuant to subsection (b), shall

5 be immune from any liability for false arrest arising

6 from the enforcement of this section unless the per7 son has in his or her possession a certified copy of

8 the permission granting the person relief from the

9 prohibition, as required by subsection (b)(4).

10 ‘‘(2) RULE OF CONSTRUCTION.—The immunity

11 from liability described in paragraph (1) shall not

12 relieve any person or entity from any other liability

13 that may otherwise be imposed.’’.

14 (2) CLERICAL AMENDMENT.—The analysis for

15 chapter 44 of title 18, United States Code, is

16 amended by adding at the end the following:

‘‘931. Prohibition on purchase, ownership, or possession of body armor by violent felons.’’.

17 (c) PENALTIES.—Section 924(a) of title 18, United

18 States Code, is amended by adding at the end the fol19 lowing:

20 ‘‘(7) Whoever knowingly violates section 931 shall be

21 fined under this title, imprisoned not more than 3 years,

22 or both.’’.
9

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1 SEC. 6. DONATION OF FEDERAL SURPLUS BODY ARMOR TO

2 STATE AND LOCAL LAW ENFORCEMENT

3 AGENCIES.

4 (a) DEFINITIONS.—In this section, the terms ‘‘Fed5 eral agency’’ and ‘‘surplus property’’ have the meanings

6 given such terms under section 3 of the Federal Property

7 and Administrative Services Act of 1949 (40 U.S.C. 472).

8 (b) DONATION OF BODY ARMOR.—Notwithstanding

9 section 203 of the Federal Property and Administrative

10 Services Act of 1949 (40 U.S.C. 484), the head of a Fed11 eral agency may donate body armor directly to any State

12 or local law enforcement agency, if such body armor is—

13 (1) in serviceable condition; and

14 (2) surplus property.

15 (c) NOTICE TO ADMINISTRATOR.—The head of a

16 Federal agency who donates body armor under this section

17 shall submit to the Administrator of General Services a

18 written notice identifying the amount of body armor do19 nated and each State or local law enforcement agency that

20 received the body armor.

21 (d) DONATION BY CERTAIN OFFICERS.—

22 (1) DEPARTMENT OF JUSTICE.—In the admin23 istration of this section with respect to the Depart24 ment of Justice, in addition to any other officer of

25 the Department of Justice designated by the Attor-
10

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1 ney General, the following officers may act as the

2 head of a Federal agency:

3 (A) The Administrator of the Drug En4 forcement Administration.

5 (B) The Director of the Federal Bureau of

6 Investigation.

7 (C) The Commissioner of the Immigration

8 and Naturalization Service.

9 (D) The Director of the United States

10 Marshals Service.

11 (2) DEPARTMENT OF THE TREASURY.—In the

12 administration of this section with respect to the De13 partment of the Treasury, in addition to any other

14 officer of the Department of the Treasury des15 ignated by the Secretary of the Treasury, the fol16 lowing officers may act as the head of a Federal

17 agency:

18 (A) The Director of the Bureau of Alcohol,

19 Tobacco, and Firearms.

20 (B) The Commissioner of Customs.

21 (C) The Director of the United States Se22 cret Service.

23 SECTION 1. SHORT TITLE.

24 This Act may be cited as the ‘‘James Guelff Body Armor

25 Act of 2000’’.
11

S 783 RS

1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) nationally, police officers and ordinary citi4 zens are facing increased danger as criminals use

5 more deadly weaponry, body armor, and other sophis6 ticated assault gear;

7 (2) crime at the local level is exacerbated by the

8 interstate movement of body armor and other assault

9 gear;

10 (3) there is a traffic in body armor moving in

11 or otherwise affecting interstate commerce, and exist12 ing Federal controls over such traffic do not ade13 quately enable the States to control this traffic within

14 their own borders through the exercise of their police

15 power;

16 (4) recent incidents, such as the murder of San

17 Francisco Police Officer James Guelff by an assailant

18 wearing 2 layers of body armor and a 1997 bank

19 shoot out in north Hollywood, California, between po20 lice and 2 heavily armed suspects outfitted in body

21 armor, demonstrate the serious threat to community

22 safety posed by criminals who wear body armor dur23 ing the commission of a violent crime;

24 (5) of the approximately 1,200 officers killed in

25 the line of duty since 1980, more than 30 percent

26 could have been saved by body armor, and the risk of
12

S 783 RS

1 dying from gunfire is 14 times higher for an officer

2 without a bulletproof vest;

3 (6) the Department of Justice has estimated that

4 25 percent of State and local police are not issued

5 body armor;

6 (7) the Federal Government is well-equipped to

7 grant local police departments access to body armor

8 that is no longer needed by Federal agencies; and

9 (8) Congress has the power, under the interstate

10 commerce clause and other provisions of the Constitu11 tion of the United States, to enact legislation to regu12 late interstate commerce that affects the integrity and

13 safety of our communities.

14 SEC. 3. DEFINITIONS.

15 In this Act:

16 (1) BODY ARMOR.—The term ‘‘body armor’’

17 means any product sold or offered for sale, in inter18 state or foreign commerce, as personal protective body

19 covering intended to protect against gunfire, regard20 less of whether the product is to be worn alone or is

21 sold as a complement to another product or garment.

22 (2) LAW ENFORCEMENT AGENCY.—The term

23 ‘‘law enforcement agency’’ means an agency of the

24 United States, a State, or a political subdivision of

25 a State, authorized by law or by a government agency
13

S 783 RS

1 to engage in or supervise the prevention, detection, in2 vestigation, or prosecution of any violation of crimi3 nal law.

4 (3) LAW ENFORCEMENT OFFICER.—The term

5 ‘‘law enforcement officer’’ means any officer, agent, or

6 employee of the United States, a State, or a political

7 subdivision of a State, authorized by law or by a gov8 ernment agency to engage in or supervise the preven9 tion, detection, investigation, or prosecution of any

10 violation of criminal law.

11 SEC. 4. AMENDMENT OF SENTENCING GUIDELINES WITH

12 RESPECT TO BODY ARMOR.

13 (a) SENTENCING ENHANCEMENT.—The United States

14 Sentencing Commission shall amend the Federal sentencing

15 guidelines to provide an appropriate sentencing enhance16 ment, increasing the offense level not less than 2 levels, for

17 any offense in which the defendant used body armor.

18 (b) APPLICABILITY.—No amendment made to the Fed19 eral Sentencing Guidelines pursuant to this section shall

20 apply if the Federal offense in which the body armor is

21 used constitutes a violation of, attempted violation of, or

22 conspiracy to violate the civil rights of any person by a

23 law enforcement officer acting under color of the authority

24 of such law enforcement officer.
14

S 783 RS

1 SEC. 5. PROHIBITION OF PURCHASE, USE, OR POSSESSION

2 OF BODY ARMOR BY VIOLENT FELONS.

3 (a) DEFINITION OF BODY ARMOR.—Section 921(a) of

4 title 18, United States Code, is amended by adding at the

5 end the following:

6 ‘‘(35) The term ‘body armor’ means any product

7 sold or offered for sale, in interstate or foreign com8 merce, as personal protective body covering intended

9 to protect against gunfire, regardless of whether the

10 product is to be worn alone or is sold as a com11 plement to another product or garment.’’.

12 (b) PROHIBITION.—

13 (1) IN GENERAL.—Chapter 44 of title 18, United

14 States Code, is amended by adding at the end the fol15 lowing:

16 ‘‘§ 931. Prohibition on purchase, ownership, or posses17 sion of body armor by violent felons

18 ‘‘(a) IN GENERAL.—Except as provided in subsection

19 (b), it shall be unlawful for a person to purchase, own, or

20 possess body armor, if that person has been convicted of a

21 felony that is—

22 ‘‘(1) a crime of violence (as defined in section

23 16); or

24 ‘‘(2) an offense under State law that would con25 stitute a crime of violence under paragraph (1) if it
15

S 783 RS

1 occurred within the special maritime and territorial

2 jurisdiction of the United States.

3 ‘‘(b) AFFIRMATIVE DEFENSE.—

4 ‘‘(1) IN GENERAL.—It shall be an affirmative de5 fense under this section that—

6 ‘‘(A) the defendant obtained prior written

7 certification from his or her employer that the

8 defendant’s purchase, use, or possession of body

9 armor was necessary for the safe performance of

10 lawful business activity; and

11 ‘‘(B) the use and possession by the defend12 ant were limited to the course of such perform13 ance.

14 ‘‘(2) EMPLOYER.—In this subsection, the term

15 ‘employer’ means any other individual employed by

16 the defendant’s business that supervises defendant’s

17 activity. If that defendant has no supervisor, prior

18 written certification is acceptable from any other em19 ployee of the business.’’.

20 (2) CLERICAL AMENDMENT.—The analysis for

21 chapter 44 of title 18, United States Code, is amended

22 by adding at the end the following:

‘‘931. Prohibition on purchase, ownership, or possession of body armor by violent

felons.’’.

23 (c) PENALTIES.—Section 924(a) of title 18, United

24 States Code, is amended by adding at the end the following:
16

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1 ‘‘(7) Whoever knowingly violates section 931 shall be

2 fined under this title, imprisoned not more than 3 years,

3 or both.’’.

4 SEC. 6. DONATION OF FEDERAL SURPLUS BODY ARMOR TO

5 STATE AND LOCAL LAW ENFORCEMENT AGEN6 CIES.

7 (a) DEFINITIONS.—In this section, the terms ‘‘Federal

8 agency’’ and ‘‘surplus property’’ have the meanings given

9 such terms under section 3 of the Federal Property and Ad10 ministrative Services Act of 1949 (40 U.S.C. 472).

11 (b) DONATION OF BODY ARMOR.—Notwithstanding

12 section 203 of the Federal Property and Administrative

13 Services Act of 1949 (40 U.S.C. 484), the head of a Federal

14 agency may donate body armor directly to any State or

15 local law enforcement agency, if such body armor is—

16 (1) in serviceable condition; and

17 (2) surplus property.

18 (c) NOTICE TO ADMINISTRATOR.—The head of a Fed19 eral agency who donates body armor under this section shall

20 submit to the Administrator of General Services a written

21 notice identifying the amount of body armor donated and

22 each State or local law enforcement agency that received

23 the body armor.

24 (d) DONATION BY CERTAIN OFFICERS.—
17

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1 (1) DEPARTMENT OF JUSTICE.—In the adminis2 tration of this section with respect to the Department

3 of Justice, in addition to any other officer of the De4 partment of Justice designated by the Attorney Gen5 eral, the following officers may act as the head of a

6 Federal agency:

7 (A) The Administrator of the Drug Enforce8 ment Administration.

9 (B) The Director of the Federal Bureau of

10 Investigation.

11 (C) The Commissioner of the Immigration

12 and Naturalization Service.

13 (D) The Director of the United States Mar14 shals Service.

15 (2) DEPARTMENT OF THE TREASURY.—In the

16 administration of this section with respect to the De17 partment of the Treasury, in addition to any other of18 ficer of the Department of the Treasury designated by

19 the Secretary of the Treasury, the following officers

20 may act as the head of a Federal agency:

21 (A) The Director of the Bureau of Alcohol,

22 Tobacco, and Firearms.

23 (B) The Commissioner of Customs.

24 (C) The Director of the United States Secret

25 Service.
18

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1 (e) NO LIABILITY.—Notwithstanding any other provi2 sion of law, the United States shall not be liable for any

3 harm occurring in connection with the use or misuse of any

4 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 bodyarmor to State and local law enforcement agencies.

JULY 27, 2000

Reported with an amendment