[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1055 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 1055
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 4, 2019
Mrs. Shaheen (for herself and Mr. Murphy) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
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.
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. 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 a covered item 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 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 contractor and first-tier subcontractor with
respect to the procurement of such a covered item, including
the end-item manufacturer of such a covered item--
``(A) is an entity registered with the System for
Award Management (or successor system) administered by
the General Services Administration; and
``(B) is in compliance with ISO 9001:2015 of the
International Organization for Standardization (or
successor standard); and
``(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 such 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 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.
``(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) 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.
``(f) 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.''.
(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. 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.''.
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