[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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