[House Report 116-90]
[From the U.S. Government Publishing Office]


116th Congress    }                                    {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                    {       116-90

======================================================================



 
                    HOMELAND PROCUREMENT REFORM ACT

                                _______
                                

  May 30, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2083]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 2083) to amend the Homeland Security Act of 2002 
regarding the procurement of certain items related to national 
security interests for Department of Homeland Security 
frontline operational components, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     4
Hearings.........................................................     5
Committee Consideration..........................................     5
Committee Votes..................................................     5
Committee Oversight Findings.....................................     5
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     6
Federal Mandates Statement.......................................     6
Statement of General Performance Goals and Objectives............     6
Duplicative Federal Programs.....................................     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Advisory Committee Statement.....................................
Applicability to Legislative Branch..............................
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     7

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Homeland Procurement Reform Act'' or 
the ``HOPR Act''.

SEC. 2. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO NATIONAL SECURITY 
                    INTERESTS ACCORDING TO CERTAIN CRITERIA.

  (a) In General.--Subtitle D of title VIII of the Homeland Security 
Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the 
following new section:

``SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO NATIONAL 
                    SECURITY INTERESTS.

  ``(a) Requirement.--The Secretary shall ensure that any procurement 
of covered items for a frontline operational component meets the 
following criteria:
          ``(1) To the maximum extent possible, not less than one-third 
        of funds obligated in a specific fiscal year for the 
        procurement of such covered items shall be covered items that 
        are manufactured in part or provided in the United States by 
        entities that qualify as small business concerns (as such term 
        is described under section 3 of the Small Business Act (15 
        U.S.C. 632)).
          ``(2) Each prime contractor, with respect to the procurement 
        of such covered items, shall ensure, to the maximum extent 
        practicable, the following:
                  ``(A) Each first-tier subcontractor and end item 
                manufacturer complies with the contractor code of 
                business ethics and conduct under section 3509 of title 
                41, United States Code, and the Federal Acquisition 
                Regulation.
                  ``(B) Each first-tier subcontractor and end-item 
                manufacturer is in compliance with a standard 
                identified by the Secretary as appropriate for quality, 
                such as ISO 9001:2015 of the International Organization 
                for Standardization.
                  ``(C) The ability of a first-tier subcontractor to 
                fulfill the terms of the contract is verified.
          ``(3) Each supplier of such a covered item with an insignia 
        (such as any patch, badge, or emblem) and each supplier of such 
        an insignia, if such covered item with such insignia or such 
        insignia, as the case may be, is not produced, applied, or 
        assembled in the United States, shall--
                  ``(A) store such covered item with such insignia or 
                such insignia in a locked area;
                  ``(B) report any pilferage or theft of such covered 
                item with such insignia or such insignia occurring at 
                any stage before delivery of such covered item with 
                such insignia or such insignia; and
                  ``(C) destroy any defective or unusable covered item 
                with insignia or insignia in a manner established by 
                the Secretary, and maintain records, for three years 
                after the creation of such records, of such destruction 
                that include the date of such destruction, a 
                description of the covered item with insignia or 
                insignia destroyed, the quantity of the covered item 
                with insignia or insignia destroyed, and the method of 
                destruction.
  ``(b) Pricing.--The Secretary shall ensure that covered items are 
purchased at a fair and reasonable price, consistent with the 
procedures and guidelines specified in the Federal Acquisition 
Regulation.
  ``(c) Report.--Not later than 180 days after the date of the 
enactment of this section and annually thereafter, the Secretary shall 
provide to the Committee on Homeland Security, the Committee on 
Oversight and Reform, and the Committee on Appropriations of the House 
of Representatives, and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Appropriations of the Senate 
a report on the following:
          ``(1) Instances in which vendors have failed to meet 
        deadlines for delivery of covered items and corrective actions 
        taken by the Department in response to such instances.
          ``(2) The status of efforts to carry out paragraph (1) of 
        subsection (a).
          ``(3) A description of how the Department ensures the 
        compliance of each prime contractor with the requirements of 
        paragraph (2) of subsection (a) and any instances of non-
        compliance.
  ``(d) Department Frontline Operational Component Described.--In this 
section, the term `Department frontline operational component' refers 
to any of the following components of the Department:
          ``(1) U.S. Customs and Border Protection.
          ``(2) U.S. Immigration and Customs Enforcement.
          ``(3) The United States Secret Service.
          ``(4) The Transportation Security Administration.
          ``(5) The Cybersecurity and Infrastructure Security Agency.
          ``(6) The Federal Protective Service.
          ``(7) The Federal Emergency Management Agency.
          ``(8) The Federal Law Enforcement Training Centers.
  ``(e) Determination.--If the Secretary determines that compliance 
with paragraph (1) of subsection (a) is impractical, the Secretary 
shall, not later than 15 days after making such determination, submit 
to the Committee on Homeland Security of the House of Representatives 
and Committee on Homeland Security and Governmental Affairs of the 
Senate an explanation relating to such determination and specifics 
regarding what percentage of covered items will be procured by small 
business concerns.
  ``(f) Exception.--This section shall not apply to the purchase of 
covered items by the Department to be used by the Department for 
training purposes.
  ``(g) Covered Item Described.--In this section, the term `covered 
item' refers to any of the following with respect to a Department 
frontline operational component:
          ``(1) Body armor components intended to provide ballistic 
        protection for an individual, consisting of one or more of the 
        following:
                  ``(A) Soft ballistic panels.
                  ``(B) Hard ballistic plates.
                  ``(C) Concealed armor carriers worn under a uniform.
                  ``(D) External armor carriers worn over a uniform.
          ``(2) Helmets that provide ballistic protection and other 
        head protection and components.
          ``(3) Protective eyewear.
          ``(4) Rain gear, cold weather gear, other environmental and 
        flame-resistant clothing.
          ``(5) Footwear.
          ``(6) Uniforms.
          ``(7) Bags and packs.
          ``(8) Holsters and tactical pouches.
          ``(9) Patches, insignia, and embellishments.
          ``(10) Respiratory protective masks.
          ``(11) Chemical, biological, radiological, and nuclear 
        protective gear.
          ``(12) Hearing protection equipment.
          ``(13) Any other critical safety item as determined 
        appropriate by the Secretary.
  ``(h) Effective Date.--This section applies with respect to a 
contract entered into by the Department or any of its frontline 
operational components on or after October 1, 2020.
  ``(i) Sense of Congress.--It is the sense of Congress that the 
Secretary should endeavor to ensure that the majority of covered items 
for a frontline operational component procured by the Department are 
manufactured in the United States by entities that qualify as small 
business concerns.''.
  (b) Study.--Not later than one year after the date of the enactment 
of this Act, the Secretary of Homeland Security shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate a 
study of the adequacy of allowances provided to employees of Department 
of Homeland Security frontline operational components (as such term is 
described in section 836 of the Homeland Security Act of 2002, as added 
by subsection (a)). Such study shall be informed by a Department-wide 
survey of employees from across the Department who receive uniform 
allowances that seeks to ascertain what, if any, improvements could be 
made to the current uniform allowances and what, if any, impacts 
current allowances have had on employee morale and retention. Such 
study shall also consider increasing by 25 percent, at minimum, the 
uniform allowance for first year employees and by 50 percent, at 
minimum, the annual allowance for all other employees.
  (c) Clerical Amendment.--The table of contents in section 1(b) of the 
Homeland Security Act of 2002 is amended by inserting after the item 
relating to section 835 the following new item:

``Sec. 836. Requirements to buy certain items related to national 
security interests.''.

                          Purpose and Summary

    H.R. 2083, the ``Homeland Procurement Reform Act,'' was 
introduced by Representatives Lou Correa (D-CA) and Brian Mast 
(R-FL), to reform the way the Department of Homeland Security 
(DHS or Department) procures uniform and protective equipment 
for its components. The bill seeks to ensure that quality 
uniforms and equipment are issued to Department frontline 
personnel and encourage the procurement of domestically sourced 
uniform items. Under the Act, the Secretary of Homeland 
Security (Secretary) is required to ensure, to the maximum 
extent possible, that at least one-third of the funds obligated 
for the procurement of uniforms and protective equipment be 
used to purchase goods manufactured or provided by entities 
that qualify as a U.S. small business. Moreover, the bill aims 
to ensure that uniforms and protective equipment are purchased 
at fair and reasonable prices, and that uniform allowances 
provided to Department frontline personnel are adequate to 
protect employees from undue burden. Lastly, the bill 
strengthens supply chain security by mandating locked storage, 
reports of stolen goods, and the destruction of defective or 
unusable items for any covered item bearing official DHS 
insignia not manufactured in the United States.

                  Background and Need for Legislation

    Supporting the needs of the frontline components of the 
Department is a priority of this Committee. It is imperative 
that they are equipped with quality uniform and protective 
equipment at a reasonable price. In 2017, the Government 
Accountability Office found that less than half of the 
Department's uniforms were manufactured in the United States 
with 58% of the funds allocated for the current DHS uniform 
contract being spent on imported items. While DHS has 
incorporated in its procurement policies and practices 
restrictions pursuant to the Kissell Amendment (6 U.S.C. 
453b)--which intended to restrict Federal agencies to procuring 
uniforms and other textiles from U.S. manufactures--exceptions 
pursuant to trade agreements have caused this provision to have 
little effect. H.R. 2083 seeks to enable DHS to acquire 
quality, American-made products for DHS frontline personnel.
    Additionally, the Committee learned of concerns from 
uniformed DHS personnel regarding the delivery of uniform items 
and the adequacy of uniform allowances. On the delivery issue, 
the Committee has been told that basic items such as duty 
shirts, belts, and socks are not always delivered in a timely 
fashion, forcing personnel to go without. On the uniform 
allowance piece, the National Border Patrol Union and the 
Department have shared with the Committee that about 94% of 
U.S. Customs and Border Protection Agents exhaust their annual 
uniform allowance as their members' uniforms are often subject 
to intense and tear in the field.
    Among other things, the ``Homeland Procurement Reform Act'' 
seeks to ensure that at least 33% of uniforms and protective 
equipment is provided by American small businesses and places 
new controls around uniforms and equipment with DHS insignia. 
It also gives attention to questions about the adequacy of 
uniform allowances and delivery issues by directing the 
Secretary to take the following action: (1) report to Congress 
on instances in which vendors have failed to meet deadlines for 
delivery of DHS uniform items and corrective actions taken by 
the Department in response to such instances, and (2) study the 
adequacy of uniform allowances provided to Department frontline 
personnel to determine what improvements can be made to current 
stipends to limit what law enforcement personnel spend out-of-
pocket.
    The bill is endorsed by the Warrior Protection and 
Readiness Coalition and the National Border Patrol Council. A 
Senate companion of this measure was introduced by Senator Jean 
Shaheen (D-NH) in April 2019.

                                Hearings

    The Committee did not hold a legislative hearing on H.R. 
2083. However, the Committee held a hearing on November 8, 2017 
where the uniform allowance for Transportation Security 
Officers was discussed.

                        Committee Consideration

    The Committee met on May 15, 2019, with a quorum being 
present, to consider H.R. 2083 and ordered the measure to be 
reported to the House with a favorable recommendation, with 
amendment, by unanimous consent.
    The following Amendments were offered and accepted by 
unanimous consent:
          An amendment in the Nature of a Substitute offered by 
        Mr. Correa (#1);
          An amendment offered by Mr. Rogers (#1): Page 1, line 
        18, insert ``in part or provided'' after 
        ``manufactured''
          An amendment offered by Mr. Rogers (#2): Page 2, 
        strike lines 7 through 12 and insert the following: 
        ``(A) Each first-tier subcontractor and end item 
        manufacturer complies with the contractor code of 
        business ethics and conduct under section 3509 of title 
        41, United States Code, and the Federal Acquisition 
        Regulation.''
          An Amendment offered by Mr. Payne: Page 4, line 6, 
        strike ``on instances'' and insert the following: ``on 
        the following: ``(1) Instances ``(2) The status of 
        efforts to carry out paragraph (1) of subsection (a). 
        ``(3) A description of how the Department ensures the 
        compliance of each prime contractor with the 
        requirements of paragraph (2) of subsection (a), any 
        instances of non-compliance
          An Amendment offered by Ms. Jackson Lee: Page 6, line 
        22, strike the closing quotes and second period. Page 
        6, beginning line 23, insert the following: ``(i) SENSE 
        OF CONGRESS.--It is the sense of Congress that the 
        Secretary should endeavor to ensure that the majority 
        of covered items for a frontline operational component 
        procured by the Department are manufactured in the 
        United States by entities that qualify as small 
        business concerns''

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 2083.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

Congressional Budget Office Estimate New Budget Authority, Entitlement 
                    Authority, and Tax Expenditures

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 2083 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
2083 would establish requirements for the procurement of 
uniforms and protective equipment by the Department of Homeland 
Security.

                          Advisory on Earmarks

    In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of the rule 
XXI.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section provides that this bill may be cited as the 
``Homeland Procurement Reform Act''.

Sec. 2. Requirements to buy certain items related to national security 
        interests according to certain criteria

    This section amends subtitle D of title VIII of the 
Homeland Security Act of 2002 to add a new section that 
requires the Secretary to ensure that any procurement of 
covered items for a frontline operational component meet the 
following criteria: (1) to the maximum extent possible, that at 
least one-third of the funds obligated for the procurement of 
uniforms and protective equipment be used to purchase goods 
manufactured or provided by entities that qualify as a U.S. 
small business; (2) each prime contractor, with respect to the 
procurement of covered items, shall ensure, to the maximum 
extent practicable, that each first-tier subcontractor and end 
item manufacturer can fulfill the terms of the contract, abide 
by the contractor code of business ethics and conduct, and the 
Federal Acquisition Regulation, and comply with quality control 
standards deemed appropriate by the Secretary; and (3) each 
supplier of covered items bearing DHS insignia that are not 
produced, applied, or assembled within the U.S. maintains such 
items in locked storage, reports any theft of such items, and 
ensures the destruction of defective or unusable items in a 
manner established by the Secretary.
    This section also requires the Secretary to ensure that 
uniform items and protective equipment are purchased at fair 
and reasonable prices. Additionally, the Secretary is required 
to submit, no later than 180 days after enactment of the 
section, and annually thereafter, a report to Congress on: (1) 
instances in which vendors have failed to meet deadlines for 
delivery of DHS uniform items and corrective actions taken by 
the Department in response to such instances; (2) the status of 
efforts to carry out the obligation that one-third of the funds 
allocated for the procurement of uniform items be used to 
purchase goods manufactured by entities that qualify as a U.S. 
small business; and (3) how DHS ensures that each prime 
contractor verifies, to the maximum extent practicable, that 
each first-tier subcontractor and end item manufacturer comply 
with the criteria listed under paragraph (2) of section (a) of 
the Act.
    Additionally, this section clarifies that should a 
determination be made that compliance with the requirements 
under the section is impractical, the Secretary is authorized 
to submit an explanation to Congress regarding the 
determination and percentage of covered items that will be 
procured by small business concerns. It further clarifies that 
the requirements under this section shall not apply to the 
purchase of covered items by the Department to be used for 
training purposes. These requirements apply to contracts 
entered into by the Department or any of its frontline 
operational components on or after October 1, 2020.
    This section describes the terms `Department frontline 
operational component,' and `covered items,' and states that it 
is the sense of Congress that the Secretary should endeavor to 
ensure that most covered items for a frontline operational 
component procured by the Department are manufactured in the 
U.S. by entities that qualify as small business concerns. 
Finally, the Secretary is directed to conduct a study of the 
adequacy of allowances provided to Department frontline 
personnel to determine what improvements can be made to current 
uniform allowances, including the possibility of increasing 
allowances.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

           *       *       *       *       *       *       *


 TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
      UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

     * * * * * * *

                        Subtitle D--Acquisitions

     * * * * * * *
Sec. 831. Research and development projects.
     * * * * * * *
Sec. 836. Requirements to buy certain items related to national security 
          interests.

           *       *       *       *       *       *       *


TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

           *       *       *       *       *       *       *


Subtitle D--Acquisitions

           *       *       *       *       *       *       *


SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO NATIONAL 
                    SECURITY INTERESTS.

  (a) Requirement.--The Secretary shall ensure that any 
procurement of covered items for a frontline operational 
component meets the following criteria:
          (1) To the maximum extent possible, not less than 
        one-third of funds obligated in a specific fiscal year 
        for the procurement of such covered items shall be 
        covered items that are manufactured in part or provided 
        in the United States by entities that qualify as small 
        business concerns (as such term is described under 
        section 3 of the Small Business Act (15 U.S.C. 632)).
          (2) Each prime contractor, with respect to the 
        procurement of such covered items, shall ensure, to the 
        maximum extent practicable, the following:
                  (A) Each first-tier subcontractor and end 
                item manufacturer complies with the contractor 
                code of business ethics and conduct under 
                section 3509 of title 41, United States Code, 
                and the Federal Acquisition Regulation.
                  (B) Each first-tier subcontractor and end-
                item manufacturer is in compliance with a 
                standard identified by the Secretary as 
                appropriate for quality, such as ISO 9001:2015 
                of the International Organization for 
                Standardization.
                  (C) The ability of a first-tier subcontractor 
                to fulfill the terms of the contract is 
                verified.
          (3) Each supplier of such a covered item with an 
        insignia (such as any patch, badge, or emblem) and each 
        supplier of such an insignia, if such covered item with 
        such insignia or such insignia, as the case may be, is 
        not produced, applied, or assembled in the United 
        States, shall--
                  (A) store such covered item with such 
                insignia or such insignia in a locked area;
                  (B) report any pilferage or theft of such 
                covered item with such insignia or such 
                insignia occurring at any stage before delivery 
                of such covered item with such insignia or such 
                insignia; and
                  (C) destroy any defective or unusable covered 
                item with insignia or insignia in a manner 
                established by the Secretary, and maintain 
                records, for three years after the creation of 
                such records, of such destruction that include 
                the date of such destruction, a description of 
                the covered item with insignia or insignia 
                destroyed, the quantity of the covered item 
                with insignia or insignia destroyed, and the 
                method of destruction.
  (b) Pricing.--The Secretary shall ensure that covered items 
are purchased at a fair and reasonable price, consistent with 
the procedures and guidelines specified in the Federal 
Acquisition Regulation.
  (c) Report.--Not later than 180 days after the date of the 
enactment of this section and annually thereafter, the 
Secretary shall provide to the Committee on Homeland Security, 
the Committee on Oversight and Reform, and the Committee on 
Appropriations of the House of Representatives, and the 
Committee on Homeland Security and Governmental Affairs and the 
Committee on Appropriations of the Senate a report on the 
following:
          (1) Instances in which vendors have failed to meet 
        deadlines for delivery of covered items and corrective 
        actions taken by the Department in response to such 
        instances.
          (2) The status of efforts to carry out paragraph (1) 
        of subsection (a).
          (3) A description of how the Department ensures the 
        compliance of each prime contractor with the 
        requirements of paragraph (2) of subsection (a) and any 
        instances of non-compliance.
  (d) Department Frontline Operational Component Described.--In 
this section, the term ``Department frontline operational 
component'' refers to any of the following components of the 
Department:
          (1) U.S. Customs and Border Protection.
          (2) U.S. Immigration and Customs Enforcement.
          (3) The United States Secret Service.
          (4) The Transportation Security Administration.
          (5) The Cybersecurity and Infrastructure Security 
        Agency.
          (6) The Federal Protective Service.
          (7) The Federal Emergency Management Agency.
          (8) The Federal Law Enforcement Training Centers.
  (e) Determination.--If the Secretary determines that 
compliance with paragraph (1) of subsection (a) is impractical, 
the Secretary shall, not later than 15 days after making such 
determination, submit to the Committee on Homeland Security of 
the House of Representatives and Committee on Homeland Security 
and Governmental Affairs of the Senate an explanation relating 
to such determination and specifics regarding what percentage 
of covered items will be procured by small business concerns.
  (f) Exception.--This section shall not apply to the purchase 
of covered items by the Department to be used by the Department 
for training purposes.
  (g) Covered Item Described.--In this section, the term 
``covered item'' refers to any of the following with respect to 
a Department frontline operational component:
          (1) Body armor components intended to provide 
        ballistic protection for an individual, consisting of 
        one or more of the following:
                  (A) Soft ballistic panels.
                  (B) Hard ballistic plates.
                  (C) Concealed armor carriers worn under a 
                uniform.
                  (D) External armor carriers worn over a 
                uniform.
          (2) Helmets that provide ballistic protection and 
        other head protection and components.
          (3) Protective eyewear.
          (4) Rain gear, cold weather gear, other environmental 
        and flame-resistant clothing.
          (5) Footwear.
          (6) Uniforms.
          (7) Bags and packs.
          (8) Holsters and tactical pouches.
          (9) Patches, insignia, and embellishments.
          (10) Respiratory protective masks.
          (11) Chemical, biological, radiological, and nuclear 
        protective gear.
          (12) Hearing protection equipment.
          (13) Any other critical safety item as determined 
        appropriate by the Secretary.
  (h) Effective Date.--This section applies with respect to a 
contract entered into by the Department or any of its frontline 
operational components on or after October 1, 2020.
  (i) Sense of Congress.--It is the sense of Congress that the 
Secretary should endeavor to ensure that the majority of 
covered items for a frontline operational component procured by 
the Department are manufactured in the United States by 
entities that qualify as small business concerns.

           *       *       *       *       *       *       *


                                  [all]