In the nature of a substitute.

SA 3307. Ms. STABENOW (for Mr. Peters) proposed an amendment to the
bill S. 4305, to improve the effectiveness of body armor issued to
female agents and officers of the Department of Homeland Security, and
for other purposes; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``DHS Better Ballistic Body
Armor Act''.

SEC. 2. DEFINITIONS.

In this Act:
(a) Ballistic Resistant Body Armor.--The term ``ballistic
resistant body armor'' means torso ballistic protection
containing either soft ballistic panels, hard ballistic
panels, or a combination of both, contained within a carrier,
which may be concealable for wear under a uniform shirt or
external for wear over a uniform shirt, and holds panels and
plates in position on the torso.
(b) Department.--The term ``Department'' means the
Department of Homeland Security.
(c) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.

SEC. 3. PROCUREMENT OF BALLISTIC RESISTANT BODY ARMOR TO
ENSURE THE PROTECTION OF THE DEPARTMENT'S
FEMALE AGENTS AND OFFICERS.

(a) In General.--The Secretary shall require components of
the Department, when procuring ballistic resistant body armor
for agents and officers, to procure ballistic resistant body
armor that--
(1) is specifically designed to fully protect the body
shapes of agents and officers;
(2) is made to conform to the individual wearer and provide
the best possible fit and coverage to allow for either a flat
or shaped front panel;
(3) is assessed and verified, upon delivery, to fit
properly and have sufficient coverage in accordance with
American Society for Testing and Materials (ASTM
International) standards for fit;
(4) has enhanced and advanced fit and technology that stops
a bullet from redirecting off the chest at an upward angle
into the throat region or the spinal cord area; and
(5) is certified by the National Institute of Justice
(referred to in this paragraph as ``NIJ''), pursuant to the
NIJ standard for ballistic resistant body armor, and listed
on the associated NIJ Compliant Products List as successfully
passing the ballistic resistant body armor standards in
accordance with the applicable ballistic protection level
recommended by the NIJ, including passing testing that uses,
for each test sample--
(A) ballistic testing on clay or gelatin molds to ensure
better contact of nonplanar panels with clay or gelatin
molds, as required by the body shapes of agents and officers;
(B) soft body armor front panels contained in soft carriers
on female-shaped clay or gelatin molds designed to fill the
space behind the panel;
(C) shots to be placed on shaping features;
(D) angled shots;
(E) an angled shot at the chest to address the concern of a
bullet skipping into the neckline; and
(F) any additional testing criteria recommended by the NIJ
after the date of the enactment of this Act.
(b) Annual Reports.--
(1) Issuance of ballistic resistant body armor.--Not later
than 1 year after the date of the enactment of this Act, and
annually thereafter for the following 2 years, the head of
each relevant component agency of the Department shall submit
a report to the Secretary regarding the ballistic resistant
body armor issued to female agents and officers of such
component agency, including, with respect to the reporting
period--
(A) the number of female agents and officers to whom
ballistic resistant body armor was issued for performance of
their official duties;
(B) the number of ballistic resistant body armor units
issued to female agents and officers, the use of which was
discontinued due to noncompliance with the requirements
described in subsection (a);
(C) the number of ballistic resistant body armor units
issued to female agents and officers that are compliant with
the requirements described in subsection (a); and
(D) the percentage of female agents and officers of such
component agency who, as of the last day of the reporting
period, have been issued ballistic resistant body armor that
complies with the requirements described in subsection (a),
disaggregated by duty station.
(2) Aggregate report.--Not later than 30 days after
receiving all of the reports required to be submitted under
paragraph (1), the Secretary shall submit a report that
aggregates all of the data contained in such reports to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives.

SEC. 4. EFFECTIVE DATE.

Not later than 3 years after the date of the enactment of
this Act, all agents and officers of any component of the
Department whose duties require body armor shall have been
issued body armor that meets the requirements described in
section 3(a).

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