Police Protection Act of 1991

Police Protection Act of 1991 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct the National Institute of Justice (NIJ) to promulgate regulations to establish mandatory Federal standards and test protocols for body armor in consultation with Federal, State, and local law enforcement agencies, law enforcement organizations and associations, and representatives of major manufacturers of body armor to ensure that law enforcement officers are protected by effective body armor. Establishes NIJ Ballistic Resistance of Police Body Armor standard number 0101.03 as the interim standard for the manufacture, sale, or distribution in commerce of body armor until the Federal standards are established.

Requires manufacturers of body armor subject to the Federal standards to: (1) submit representative samples of body armor on a periodic basis to NIJ to be tested for compliance with the Federal standards; and (2) affix labels to body armor manufactured in compliance with such standards.

Establishes criminal and civil penalties for manufacturing, offering for sale, or distributing in commerce any body armor not complying with the interim standard or mandatory Federal standards.

Directs the General Accounting Office to complete a study of all body armor standards and test protocols for body armor for submission to NIJ and House and Senate Judiciary Committees.

 
HR 322 IH
102d CONGRESS
1st Session
 H. R. 322
To enhance the ability of law enforcement officers to combat violent crime in
America by providing criminal and civil enforcement of standards established
by the National Institute of Justice for body armor.
IN THE HOUSE OF REPRESENTATIVES
January 3, 1991
Mr. FEIGHAN (for himself and Mr. MOAKLEY) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To enhance the ability of law enforcement officers to combat violent crime in
America by providing criminal and civil enforcement of standards established
by the National Institute of Justice for body armor.
  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 `Police Protection Act of 1991'.
SEC. 2. FINDINGS.
  The Congress finds that--
  (1) violence in this country continues to escalate,
  (2) law enforcement officers put their lives on the line every day to
  protect the public from violent crime,
  (3) law enforcement officers should have effective body armor which protects
  them from firearm violence,
  (4) the complexities of body armor and the diverse nature and abilities
  of law enforcement officials to purchase and test it result in unnecessary
  risk, and
  (5) Congress has a responsibility to ensure that our Nation's law enforcement
  officers have available to them the best protection that current technology
  allows.
SEC. 3. NATIONAL INSTITUTE OF JUSTICE ISSUANCE OF STANDARDS.
  Part B of title I of the Omnibus Crime Control and Safe Streets Act of 1968
  (42 U.S.C. 3721 et seq.) is amended by adding at the end the following:
`BODY ARMOR SAFETY STANDARDS
  `SEC. 204. (a) STANDARDS AND TEST PROTOCOLS-
  `(1) IN GENERAL- The National Institute of Justice shall by regulation
  establish performance standards and test protocols--
  `(A) for the capability of body armor to withstand bullets fired from
  firearms and for other matters relating to the effectiveness of body armor
  to protect law enforcement officers, and
  `(B) for labels to be affixed by body armor manufacturers to armor which
  is manufactured in compliance with the standards described in paragraph (1).
  `(2) TYPES OF STANDARDS- A performance standard established under paragraph
  (1)(A) shall consist of the following types of requirements--
  `(A) standards expressed in terms of performance requirements, and
  `(B) requirements that vests be labeled with the noted level of ballistic
  protection and other appropriate warnings and instructions, including the
  manufacturing date.
  `(b) REVIEW- The Director shall review the study of standards and test
  protocols by the Government Accounting Office under subsection (j) in
  determining appropriate standards and test protocols.
  `(c) REGULATIONS AND PROCEDURES- The Director is authorized to establish
  such regulations and procedures as may be necessary to carry out this
  section, including procedures for certification and, when necessary,
  decertification of body armor models.
  `(d) SAFETY OF OFFICERS STANDARD- In developing standards for body armor
  under subsection (a), the Director shall rely upon the needs of the criminal
  justice agencies and the safety and welfare of both male and female officers
  wearing body armor.
  `(e) CONSULTATIONS- In developing standards and test protocols under
  subsection (a) for body armor, the National Institute of Justice shall
  consult with--
  `(1) the Law Enforcement Standards Laboratory of the National Institute
  of Standards and Technology of the Department of Commerce,
  `(2) the Department of Defense,
  `(3) the Federal Bureau of Investigation,
  `(4) the Bureau of Alcohol, Tobacco, and Firearms,
  `(5) the Secret Service and the United States Marshal's Service,
  `(6) any other Federal agency which purchases body armor for its employees,
  `(7) representatives from labor organizations representing law enforcement
  personnel, law enforcement management organizations, and law enforcement
  fraternal and professional associations,
  `(8) State and local law enforcement officers from police departments in
  the United States, and
  `(9) representatives of the major manufacturers of body armor.
  `(f) INTERIM STANDARD- Beginning on the date of the enactment of this Act
  and ending on the date standards take effect under subsection (a), the
  National Institute of Justice standard number 0101.03 entitled `Ballistic
  Resistance of Police Body Armor' shall apply to the manufacture, sale,
  or distribution in commerce of body armor.
  `(g) TESTING- The manufacturers of body armor subject to the performance
  standards established under subsection (a) shall submit to the National
  Institute of Justice on a periodic basis (established by the National
  Institute of Justice) representative samples of armor to be tested for
  compliance with such standards. The National Institute of Justice may take
  such other action as may be appropriate to determine if such armor is in
  compliance with such standards.
  `(h) SANCTION-
  `(1) IN GENERAL- No person may manufacture for sale, offer for sale, or
  distribute in commerce any body armor which is not in compliance with
  the interim standards in effect under subsection (f) or the standards
  established under subsection (a).
  `(2) CIVIL PENALTIES- Any person who knowingly violates paragraph (1) shall
  be subject to a civil penalty not to exceed $2,000 for each such violation.
  `(3) CRIMINAL PENALTIES-
  `(A) PENALTY- Any person who knowingly and willfully violates paragraph
  (1) after receiving notice of noncompliance from the National Institute
  of Justice shall be fined not more than $45,000 or be imprisoned not more
  than one year, or both.
  `(B) OFFICER OR DIRECTOR OF A CORPORATION- Any individual director, officer,
  or agent of a corporation who knowingly and willfully authorizes orders,
  or performs any of the acts or practices constituting in whole or in
  part a violation of paragraph (1) and who has knowledge of a notice of
  noncompliance received by the corporation from the National Institute of
  Justice shall be subject to penalty under this subsection without regard to
  any penalties to which that corporation may be subject under this subsection.
  `(i) REPORT-
  `(1) STUDY- The General Accounting Office shall compile, review, and
  compare any standards and test protocols for body armor issued by the
  National Institute of Justice, manufacturers, and any other standards and
  test protocols issued by law enforcement and military entities.
  `(2) SUBMISSION OF STUDY- Not later than 6 months after the date of
  enactment of this section, the General Accounting Office shall complete
  the study required in subsection (a) and submit the study to the National
  Institute of Justice and the Judiciary Committees of Congress.
  `(j) DEFINITION OF BODY ARMOR- For purposes of this section, the term
  `body armor' means any product sold or offered for sale as personal
  protective body armor whether the product is to be worn alone or is sold
  as a complement to other products or garments.'.