View all text of Subchapter XXIV [§ 10530 - § 10534]
§ 10534. James Guelff and Chris McCurley Body Armor Act of 2002
(a) Short title
(b) 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 1,500 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.
(c) Definitions
In this section:
(1) Body armor
(2) Law enforcement agency
(3) Law enforcement officer
(d) Amendment of sentencing guidelines with respect to body armor
(1) In general
(2) Sense of Congress
(e) Omitted
(f) Donation of Federal surplus body armor
(1) Definitions
(2) Donation of body armor
Notwithstanding sections 541–555 of title 40, the head of a Federal agency may donate body armor directly to any State or local law enforcement agency, if such body armor—
(A) is in serviceable condition;
(B) is surplus property; and
(C) meets or exceeds the requirements of National Institute of Justice Standard 0101.03 (as in effect on November 2, 2002).
(3) Notice to Administrator
(4) Donation by certain officers
(A) Department of Justice
In the administration of this subsection 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:
(i) The Administrator of the Drug Enforcement Administration.
(ii) The Director of the Federal Bureau of Investigation.
(iii) The Commissioner of the Immigration and Naturalization Service.
(iv) The Director of the United States Marshals Service.
(B) Department of the Treasury
In the administration of this subsection 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:
(i) The Director of the Bureau of Alcohol, Tobacco, and Firearms.
(ii) The Commissioner of U.S. Customs and Border Protection.
(iii) The Director of the United States Secret Service.
(5) No liability
(Pub. L. 107–273, div. C, title I, § 11009, Nov. 2, 2002, 116 Stat. 1819; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.)