[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1007 Reported in House (RH)]
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. Greenwood, Mrs. Capps, Mr.
Pascrell, Mr. Gilman, Mr. Larson of Connecticut, 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. Abercrombie,
Mrs. Thurman, and Mr. Visclosky) introduced the following bill; which
was referred to the Committee on the Judiciary, and in addition to the
Committee on Government Reform, for a period to be subsequently
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. Taylor 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. Calvert, Ms. Solis, Mr. Shimkus, Mrs. Northup,
Mr. Rogers of Kentucky, and Mr. Levin
October 5, 2001
The Committee on Government Reform discharged; committed to the
Committee 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 Representatives 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 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. 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 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.
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 agencies.
_______________________________________________________________________
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
The Committee on Government Reform discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed