[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3377 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3377

 To require the purchase of certain items related to national security 
                     according to certain criteria.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            August 23, 2018

 Mrs. Shaheen introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To require the purchase of certain items related to national security 
                     according to certain criteria.

    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 ``Homeland Procurement Reform Act'' or 
the ``HOPR Act''.

SEC. 2. REQUIREMENT TO BUY CERTAIN ITEMS RELATED TO NATIONAL SECURITY 
              INTERESTS ACCORDING TO CERTAIN CRITERIA; EXCEPTIONS.

    (a) Requirement.--
            (1) In general.--In order to ensure that certain components 
        of the Department of Homeland Security procure certain critical 
        equipment of the quality and innovation necessary to carry out 
        effectively their security, enforcement, and investigative 
        missions, except as provided in subsection (b), funds 
        appropriated or otherwise made available to the Department of 
        Homeland Security front line operational components may not be 
        used for the procurement of an item described in paragraph (2) 
        unless the item meets the criteria listed in paragraph (3).
            (2) Covered items.--The items referred to in paragraph (1) 
        are as follows:
                    (A) Body armor components intended to provide 
                ballistic protection for an individual consisting of 
                one or more of the following components:
                            (i) Soft ballistic panels.
                            (ii) Hard ballistic panels.
                            (iii) Concealed armor carriers worn under 
                        uniform.
                            (iv) External armor carriers worn under 
                        uniform.
                    (B) Helmets and other head protection and 
                components that provide ballistic protection.
                    (C) Protective eyewear.
                    (D) Rain gear, cold weather gear, and other 
                environmental and flame-resistant clothing.
                    (E) Footwear.
                    (F) Uniforms.
                    (G) Bags and packs.
                    (H) Holsters and tactical pouches.
                    (I) Patches, insignia, and embellishments.
                    (J) Respiratory protective masks.
                    (K) Chemical/biological/radiological/nuclear 
                (CBRNE) protective gear.
                    (L) Hearing protection equipment.
                    (M) Other critical safety items as determined 
                appropriate by the Secretary of Homeland Security.
            (3) Criteria.--The criteria referred to in paragraph (1) 
        are as follows:
                    (A) In the case of a uniform, the item includes 
                technology for tracking and control purposes.
                    (B) The contractor providing the item and each 
                first-tier subcontractor of the contractor, including 
                the end-item manufacturer, is currently registered as 
                an entity with the System for Award Management, 
                administered by the Government Services Administration.
                    (C) In the case of any unit or agency insignia 
                included with the item, the contractor providing the 
                item and each first-tier subcontractor of the 
                contractor, including the end-item manufacturer, shall 
                agree to--
                            (i) store any unit or agency insignia, 
                        including patches, badges, emblems, and other 
                        insignia in a locked area;
                            (ii) report any pilferage or theft of any 
                        unit or agency insignia at any stage prior to 
                        delivery; and
                            (iii) destroy any defective or unusable 
                        item with any unit or agency insignia in a 
                        manner set forth by the Secretary and maintain 
                        records of such destruction that includes the 
                        destruction date, description of item 
                        destroyed, quantity destroyed, and method of 
                        destruction.
            (4) Applicability to contracts and subcontracts.--
                    (A) In general.--Except as provided under 
                subsection (b), the Secretary of Homeland Security may 
                not enter into a contract for procurement unless the 
                contract, and each subcontract under the contract, 
                requires that the criteria under subparagraphs (A) 
                through (C) of paragraph (3) are met.
                    (B) Consistency with international agreements.--
                This section shall be applied, after consultation with 
                the Office of the United States Trade Representative, 
                in a manner consistent with United States obligations 
                under international agreements.
    (b) Exceptions.--
            (1) Availability exception.--The requirement under 
        subsection (a) does not apply to the extent that the Secretary 
        of Homeland Security determines that satisfactory quality and 
        sufficient quantity of any item described in subsection (a)(2) 
        cannot be procured as and when needed at United States market 
        prices.
            (2) Exception for certain procurements.--The requirement 
        under subsection (a) does not apply to the following 
        procurements:
                    (A) Procurements by vessels in foreign waters.
                    (B) Procurements in response to a major disaster 
                declared by the President under section 401 of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5170).
            (3) Notification requirement.--Not later than 7 days after 
        awarding a contract using an exception under subsection (b), 
        the Secretary shall post a notification that the exception has 
        been applied on the Internet site maintained by the General 
        Services Administration known as 23FedBizOps.gov (or any 
        successor site).
    (c) Maximum Uniform Allowance for Certain Personnel.--
            (1) In general.--Notwithstanding the maximum uniform 
        allowance set forth in section 591.103 of title 5, Code of 
        Federal Regulations, the maximum uniform allowance for agents 
        of the frontline operational components shall be $1,200.
            (2) Rule of construction.--Nothing in this subsection shall 
        be construed as limiting or otherwise modifying the authority 
        under section 505 of the Department of Homeland Security 
        Appropriations Act, 2004 (6 U.S.C. 453a).
    (d) Training.--The Secretary of Homeland Security shall ensure that 
each member of the acquisition workforce of the Department of Homeland 
Security who participates personally and substantially in the 
acquisition of textiles on a regular basis receives training during 
fiscal year 2019, and at least biennially thereafter, on the 
requirements of this section and the regulations implementing this 
section.
    (e) Effective Date.--This section applies with respect to contracts 
entered into by the Department of Homeland Security or its component 
agencies on or after October 1, 2018.
    (f) Definitions.--In this Act:
            (1) The term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs and the Committee on 
                Appropriations of the Senate; and
                    (B) the Committee on Homeland Security and the 
                Committee on Appropriations of the House of 
                Representatives.
            (2) The term ``front line operational component'' means--
                    (A) U.S. Customs and Border Protection;
                    (B) U.S. Immigration and Customs Enforcement;
                    (C) the Transportation Safety Administration;
                    (D) the Coast Guard;
                    (E) the United States Secret Service;
                    (F) the National Protection and Programs 
                Directorate;
                    (G) the Federal Emergency Management Agency; and
                    (H) the Federal Law Enforcement Training Centers.
            (3) The term ``United States'' includes the territories and 
        possessions of the United States.
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