34 U.S.C. § 10534 — James Guelff and Chris McCurley Body

Page 168 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10534 (A) body armor, no less than Type I, which has been tested through the voluntary com- pliance testing program operated by the Na- tional Law Enforcement and Corrections Technology Center of the National Institute of Justice (NIJ), and found to meet or exceed the requirements of NIJ Standard 0101.03, or any subsequent revision of such standard; or (B) body armor that has been tested through the voluntary compliance testing program, and found to meet or exceed the re- quirements of NIJ Standard 0115.00, or any revision of such standard; (2) the term ‘‘body armor’’ means any prod- uct sold or offered for sale as personal protec- tive body covering intended to protect against gunfire, stabbing, or other physical harm; (3) the term ‘‘State’’ means each of the 50 States, the District of Columbia, the Common- wealth of Puerto Rico, the United States Vir- gin Islands, American Samoa, Guam, and the Northern Mariana Islands; (4) the term ‘‘unit of local government’’ means a county, municipality, town, town- ship, village, parish, borough, or other unit of general government below the State level; (5) the term ‘‘Indian tribe’’ has the same meaning as in section 5304(e) of title 25; and (6) the term ‘‘law enforcement officer’’ means any officer, agent, or employee of a State, unit of local government, or Indian tribe authorized by law or by a government agency to engage in or supervise the preven- tion, detection, or investigation of any viola- tion of criminal law, or authorized by law to supervise sentenced criminal offenders. (Pub. L. 90–351, title I, § 2503, as added Pub. L. 105–181, § 3(a)(3), June 16, 1998, 112 Stat. 514; amended Pub. L. 106–517, § 3(d), Nov. 13, 2000, 114 Stat. 2408.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ll–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2000—Par. (1). Pub. L. 106–517 designated provisions after ‘‘ ‘armor vest’ means’’ as subpar. (A) and added subpar. (B). Statutory Notes and Related Subsidiaries INTERIM DEFINITION OF ARMOR VEST Pub. L. 106–517, § 3(e), Nov. 13, 2000, 114 Stat. 2408, pro- vided that: ‘‘For purposes of part Y of title I of the Om- nibus Crime Control and Safe Streets Act of 1968 [34 U.S.C. 10531 et seq.], as amended by this Act, the mean- ing of the term ‘armor vest’ (as defined in section 2503 of such Act (42 U.S.C. 3796ll–2) [now 34 U.S.C. 10533]) shall, until the date on which a final NIJ Standard 0115.00 is first fully approved and implemented, also in- clude body armor which has been found to meet or ex- ceed the requirements for protection against stabbing established by the State in which the grantee is lo- cated.’’ § 10534. James Guelff and Chris McCurley Body Armor Act of 2002 (a) Short title This section may be cited as the ‘‘James Guelff and Chris McCurley Body Armor Act of 2002’’. (b) Findings Congress finds that— (1) nationally, police officers and ordinary citizens are facing increased danger as crimi- nals 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, Cali- fornia, 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 com- munity safety posed by criminals who wear body armor during the commission of a vio- lent crime; (5) of the approximately 1,500 officers killed in the line of duty since 1980, more than 30 per- cent could have been saved by body armor, and the risk of dying from gunfire is 14 times high- er 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 Fed- eral 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 legislation to regulate interstate commerce that affects the integrity and safety of our communities. (c) Definitions In this section: (1) Body armor The term ‘‘body armor’’ means any product sold or offered for sale, in interstate or foreign commerce, as personal protective body cov- ering intended to protect against gunfire, re- gardless 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 Page 169 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10534 supervise the prevention, detection, investiga- tion, 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 government agency to engage in or supervise the preven- tion, detection, investigation, or prosecution of any violation of criminal law. (d) Amendment of sentencing guidelines with re- spect to body armor (1) In general Pursuant to its authority under section 994(p) of title 28, the United States Sentencing Commission shall review and amend the Fed- eral sentencing guidelines and the policy statements of the Commission, as appropriate, to provide an appropriate sentencing enhance- ment for any crime of violence (as defined in section 16 of title 18) or drug trafficking crime (as defined in section 924(c) of title 18) (includ- ing a crime of violence or drug trafficking crime that provides for an enhanced punish- ment if committed by the use of a deadly or dangerous weapon or device) in which the de- fendant used body armor. (2) Sense of Congress It is the sense of Congress that any sen- tencing enhancement under this subsection should be at least 2 levels. (e) Omitted (f) Donation of Federal surplus body armor (1) Definitions In this subsection, the terms ‘‘Federal agen- cy’’ and ‘‘surplus property’’ have the meanings given such terms under section 102 of title 40. (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 en- forcement 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 The head of a Federal agency who donates body armor under this subsection shall submit to the Administrator of General Services a written notice identifying the amount of body armor donated and each State or local law en- forcement agency that received the body armor. (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 De- partment of Justice designated by the Attor- ney General, the following officers may act as the head of a Federal agency: (i) The Administrator of the Drug En- forcement Administration. (ii) The Director of the Federal Bureau of Investigation. (iii) The Commissioner of the Immigra- tion 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 Treas- ury, 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 Alco- hol, 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 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 subsection. (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.) Editorial Notes CODIFICATION Section is comprised of section 11009 of Pub. L. 107–273. Subsec. (e) of section 11009 of Pub. L. 107–273 en- acted section 931 of Title 18, Crimes and Criminal Pro- cedure, and amended sections 921 and 924 of Title 18. Section was enacted as part of the 21st Century De- partment of Justice Appropriations Authorization Act, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chap- ter. In subsec. (f), ‘‘section 102 of title 40’’ substituted for ‘‘section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472)’’ in par. (1), and ‘‘sec- tions 541–555 of title 40’’ substituted for ‘‘section 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484)’’ in par. (2), on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. Section was formerly classified to section 3796ll–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Commissioner of U.S. Customs and Border Protec- tion’’ substituted for ‘‘Commissioner of Customs’’ in subsec. (f)(4)(B)(ii) on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms, including the related functions of the Secretary of the Treasury, to the Department of Justice, see section 531(c) of Title 6, Domestic Security, and section 599A(c)(1) of Title 28, Judiciary and Judicial Procedure. For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Page 170 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10541 Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, includ- ing the functions of the Secretary of the Treasury re- lating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. SUBCHAPTER XXV—TRANSITION; EFFECTIVE DATE; REPEALER Editorial Notes CODIFICATION This subchapter is comprised of part Z, formerly part M, of title I of Pub. L. 90–351, as added by Pub. L. 96–157, § 2, and redesignated by Pub. L. 99–570, § 1552(a)(1), Pub. L. 101–647, §§ 241(a)(1)(A), 801(a)(1), Pub. L. 102–521, § 4(a)(1), Pub. L. 103–322, §§ 10003(a)(1), 20201(a)(1), 32101(a)(1), 40121(a)(1), 40231(a)(1), 50001(a)(1), 210201(a)(1), 210302(c)(1)(A), and Pub. L. 105–181, § 3(a)(1). § 10541. Continuation of rules, authorities, and proceedings (a) Continuing status until otherwise affected (1) All orders, determinations, rules, regula- tions, and instructions of the Law Enforcement Assistance Administration which are in effect on December 27, 1979, shall continue in effect ac- cording to their terms until modified, termi- nated, superseded, set aside, or revoked by the President or the Attorney General, the Office of Justice Assistance, Research, and Statistics or the Director of the Bureau of Justice Statistics, the National Institute of Justice, or the Admin- istrator of the Law Enforcement Assistance Ad- ministration with respect to their functions under this chapter or by operation of law. (2) All orders, determinations, rules, regula- tions, and instructions issued under this chapter which are in effect on October 12, 1984, shall con- tinue in effect according to their terms until modified, terminated, superseded, set aside, or revoked by the President, the Attorney General, the Assistant Attorney General, the Director of the Bureau of Justice Statistics, the Director of the National Institute of Justice, the Adminis- trator of the Office of Juvenile Justice and De- linquency Prevention, or the Director of the Bu- reau of Justice Assistance with respect to their functions under this chapter or by operation of law. (b) Obligation by Director of National Institute of Justice of previously appropriated unused or reversionary funds for continuation of re- search and development projects or purposes of this chapter The Director of the National Institute of Jus- tice may award new grants, enter into new con- tracts or cooperative agreements, or otherwise obligate previously appropriated unused or re- versionary funds for the continuation of re- search and development projects in accordance with the provisions of this chapter as in effect on the day before December 27, 1979, based upon applications received under this chapter before December 27, 1979, or for purposes consistent with provisions of this chapter. (c) Obligation by Director of Bureau of Justice Statistics of pre-fiscal year 1980 appro- priated funds for statistical projects or pur- poses of this chapter The Director of the Bureau of Justice Statis- tics may award new grants, enter into new con- tracts or cooperative agreements or otherwise obligate funds appropriated for fiscal years be- fore 1980 for statistical projects to be expended in accordance with the provisions of this chap- ter, as in effect on the day before December 27, 1979, based upon applications received under this chapter before December 27, 1979, or for purposes consistent with provisions of this chapter. (d) Obligation by Administrator of Law Enforce- ment Assistance Administration of pre- viously appropriated unused or reversionary funds or presently appropriated funds for continuation of projects or purposes of this chapter The Administrator of the Law Enforcement Assistance Administration may award new grants, enter into new contracts or cooperative agreements, approve comprehensive plans for the fiscal year beginning October 1, 1979, and otherwise obligate previously appropriated un- used or reversionary funds or funds appropriated for the fiscal year beginning October 1, 1979, for the continuation of projects in accordance with the provisions of this chapter, as in effect on the day before December 27, 1979, or for purposes consistent with provisions of this chapter. (e) Pending suits, actions, or other proceedings unaffected The amendments made to this chapter by the Justice System Improvement Act of 1979 shall not affect any suit, action, or other proceeding commenced by or against the Government be- fore December 27, 1979. (f) Appropriated funds available for audit mat- ters and continuing programs and projects Nothing in this chapter prevents the utiliza- tion of funds appropriated for purposes of this chapter for all activities necessary or appro- priate for the review, audit, investigation, and judicial or administrative resolution of audit matters for those grants or contracts that were awarded under this chapter. The final disposi- tion and dissemination of program and project accomplishments with respect to programs and projects approved in accordance with this chap- ter, as in effect before December 27, 1979, which