I
107TH CONGRESS
1ST SESSION
H. R. 1007
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
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 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 so-
phisticated assault gear;
(2) crime at the local level is exacerbated by the
interstate movement of body armor and other as-
sault gear;
(3) there is a traffic in body armor moving in
or otherwise affecting interstate commerce, and ex-
isting Federal controls over such traffic do not ade-
quately enable the States to control this traffic with-
in 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 assail-
ant wearing 2 layers of body armor and a 1997
bank shoot out in north Hollywood, California, be-
tween 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 offi-
cer 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 inter-
state commerce clause and other provisions of the
Constitution of the United States, to enact legisla-
tion 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 inter-
state 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 agen-
cy to engage in or supervise the prevention, detec-
tion, 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 polit-
ical 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 appro-
priate 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 dan-
gerous weapon or device) in which the defendant used
body armor.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress 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 prod-
uct sold or offered for sale, in interstate or foreign
commerce, as personal protective body covering in-
tended 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:
‘‘§ 931. Prohibition on purchase, ownership, or pos-
session 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
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 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
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 vio-
lent felons.’’.
(c) PENALTIES.—Section 924(a) of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(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 ‘‘Fed-
eral 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 Fed-
eral 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 Na-
tional 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 do-
nated and each State or local law enforcement agency that
received the body armor.
(d) DONATION BY CERTAIN OFFICERS.—
(1) DEPARTMENT OF JUSTICE.—In the admin-
istration of this section with respect to the Depart-
ment of Justice, in addition to any other officer of
the Department of Justice designated by the Attor-
ney General, the following officers may act as the
head of a Federal agency:
(A) The Administrator of the Drug En-
forcement 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 De-
partment of the Treasury, in addition to any other
officer of the Department of the Treasury des-
ignated by the Secretary of the Treasury, the fol-
lowing 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 Se-
cret Service.
(e) NO LIABILITY.—Notwithstanding any other pro-
vision 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.
Æ