IB
Union Calendar No. 139
107TH CONGRESS
1ST SESSION
H. R. 1007
[Report No. 107–193, Part I]
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 HOUSE OF REPRESENTATIVES
MARCH 13, 2001
Mr. STUPAK (for himself, Mr. HUTCHINSON, Mr. SCOTT, Mrs. MALONEY of
New York, Mrs. ROUKEMA, Mrs. MCCARTHY of New York, Mrs.
CHRISTENSEN, Mr. ETHERIDGE, Mr. FRANK, Mr. KELLER, Mr. GREEN-
WOOD, Mrs. CAPPS, Mr. PASCRELL, Mr. GILMAN, Mr. LARSON of Con-
necticut, Mr. MCGOVERN, Mr. FILNER, Mr. WALSH, Ms. RIVERS, Mr.
MCHUGH, Ms. MCKINNEY, Ms. KAPTUR, Mr. LIPINSKI, Mr. OXLEY, Ms.
MCCARTHY of Missouri, Mr. CLEMENT, Mr. MCINTYRE, Mr. SOUDER,
Mr. RAMSTAD, Mr. GORDON, Mr. SMITH of New Jersey, Mr. SHERMAN,
Mr. KUCINICH, Mr. FOSSELLA, Mr. BERMAN, Ms. HOOLEY of Oregon,
Mrs. MORELLA, Ms. JACKSON-LEE of Texas, Ms. SANCHEZ, Mr. REYES,
Mr. HOLDEN, Mr. RODRIGUEZ, Ms. MILLENDER-MCDONALD, Mr. ABER-
CROMBIE, Mrs. THURMAN, and Mr. VISCLOSKY) introduced the following
bill; which was referred to the Committee on the Judiciary, and in addi-
tion to the Committee on Government Reform, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
AUGUST 2, 2001
Reported from the Committee on the Judiciary with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
AUGUST 2, 2001
Referral to the Committee on Government Reform extended for a period
ending not later than September 21, 2001
SEPTEMBER 21, 2001
Referral to the Committee on Government Reform extended for a period
ending not later than September 28, 2001
SEPTEMBER 28, 2001
Referral to the Committee on Government Reform extended for a period
ending not later than October 5, 2001
OCTOBER 5, 2001
Additional sponsors: Mr. GALLEGLY, Mr. DIAZ-BALART, Mr. WOLF, Mr.
BLUMENAUER, Mr. PAYNE, Mr. SMITH of Texas, Mr. LANTOS, Mr.
BOEHLERT, Mr. LANGEVIN, Mr. SANDLIN, Mr. CUNNINGHAM, Mr. TAY-
LOR of Mississippi, Mr. MCNULTY, Mr. DOOLEY of California, Ms.
LOFGREN, Mr. ENGLISH, Mr. HORN, Mrs. TAUSCHER, Ms. SCHAKOWSKY,
Ms. MCCOLLUM, Mr. RUSH, Mr. HALL of Ohio, Mr. WEINER, Mr. CAL-
VERT, Ms. SOLIS, Mr. SHIMKUS, Mrs. NORTHUP, Mr. ROGERS of Ken-
tucky, and Mr. LEVIN
OCTOBER 5, 2001
The Committee on Government Reform discharged; committed to the Com-
mittee of the Whole House on the State of the Union and ordered to be
printed
[For text of introduced bill, see copy of bill as introduced on March 13, 2001]
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 Representa-
tives of the United States of America in Congress assembled,
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 citi-
zens are facing increased danger as criminals use
more deadly weaponry, body armor, and other sophis-
ticated 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 exist-
ing Federal controls over such traffic do not ade-
quately 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 dur-
ing 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 Constitu-
tion of the United States, to enact legislation to regu-
late 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 inter-
state or foreign commerce, as personal protective body
covering intended to protect against gunfire, regard-
less 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, in-
vestigation, or prosecution of any violation of crimi-
nal 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 gov-
ernment agency to engage in or supervise the preven-
tion, detection, investigation, or prosecution of any
violation of criminal law. Federal sentencing guide-
lines 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 vio-
lence 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 per-
sonal 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 gar-
ment.’’.
(b) PROHIBITION.—
(1) IN GENERAL.—Chapter 44 of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 931. Prohibition on purchase, ownership, or posses-
sion 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 con-
stitute 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 de-
fense 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 defend-
ant were limited to the course of such perform-
ance.
‘‘(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 em-
ployee 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 AGEN-
CIES.
(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 Ad-
ministrative 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 Fed-
eral 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 adminis-
tration of this section with respect to the Department
of Justice, in addition to any other officer of the De-
partment of Justice designated by the Attorney Gen-
eral, the following officers may act as the head of a
Federal agency:
(A) The Administrator of the Drug Enforce-
ment 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 Mar-
shals Service.
(2) DEPARTMENT OF THE TREASURY.—In the
administration of this section with respect to the De-
partment of the Treasury, in addition to any other of-
ficer 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 provi-
sion 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.
Union Calendar No. 139
107TH CONGRESS
1ST SESSION
H. R. 1007
[Report No. 107–193, Part I]
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 agen-
cies.
AUGUST 2, 2001
Referral to the Committee on Government Reform ex-
tended for a period ending not later than September
21, 2001
SEPTEMBER 21, 2001
Referral to the Committee on Government Reform ex-
tended for a period ending not later than September
28, 2001
SEPTEMBER 28, 2001
Referral to the Committee on Government Reform ex-
tended for a period ending not later than October 5,
2001
OCTOBER 5, 2001
The Committee on Government Reform discharged; com-
mitted to the Committee of the Whole House on the
State of the Union and ordered to be printed