[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1009 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1009

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

                             March 25, 2021

   Mrs. Shaheen (for herself, Mr. Moran, Ms. Hassan, and Mr. Rounds) 
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:

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

    ``(a) Definitions.--In this section:
            ``(1) Covered item.--The term `covered item' means any of 
        the following:
                    ``(A) Body armor components intended to provide 
                ballistic protection for an individual, consisting of 1 
                or more of the following:
                            ``(i) Soft ballistic panels.
                            ``(ii) Hard ballistic plates.
                            ``(iii) Concealed armor carriers worn under 
                        a uniform.
                            ``(iv) External armor carriers worn over a 
                        uniform.
                    ``(B) Helmets that provide ballistic protection and 
                other head protection and components.
                    ``(C) Protective eyewear.
                    ``(D) Rain gear, cold weather gear, 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, and 
                nuclear protective gear.
                    ``(L) Hearing protection equipment.
                    ``(M) Powered air purifying respirators and 
                required filters.
                    ``(N) Disposable and reusable surgical and 
                isolation gowns.
                    ``(O) Protective eyewear.
                    ``(P) Gloves.
                    ``(Q) Face shields.
                    ``(R) Head and foot coverings.
                    ``(S) Sanitizing and disinfecting wipes.
                    ``(T) Privacy curtains.
                    ``(U) Beds and bedding.
                    ``(V) Testing swabs.
                    ``(W) Gauze and bandages.
                    ``(X) Tents and tarpaulins.
                    ``(Y) Any other critical safety item as determined 
                appropriate by the Secretary.
            ``(2) Frontline operational component.-- The term 
        `frontline operational component' means any of the following 
        components of the Department:
                    ``(A) U.S. Customs and Border Protection.
                    ``(B) U.S. Immigration and Customs Enforcement.
                    ``(C) The United States Secret Service.
                    ``(D) The Transportation Security Administration.
                    ``(E) The Cybersecurity and Infrastructure Security 
                Agency.
                    ``(F) The Federal Protective Service.
                    ``(G) The Federal Emergency Management Agency.
                    ``(H) The Federal Law Enforcement Training Centers.
    ``(b) Requirements.--
            ``(1) In general.--The Secretary shall ensure that any 
        procurement of a covered item for a frontline operational 
        component meets the following criteria:
                    ``(A) 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).
                    ``(B) 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--
                            ``(i) is an entity registered with the 
                        System for Award Management (or successor 
                        system) administered by the General Services 
                        Administration; and
                            ``(ii) is in compliance with ISO 9001:2015 
                        of the International Organization for 
                        Standardization (or successor standard).
                    ``(C) 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--
                            ``(i) store such covered item with such 
                        insignia or such insignia in a locked area;
                            ``(ii) 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
                            ``(iii) 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.
            ``(2) Waiver.--
                    ``(A) In general.--In the case of a national 
                emergency declared by the President under the National 
                Emergencies Act (50 U.S.C. 1601 et seq.), the Secretary 
                may waive a requirement in subparagraph (B) or (C) of 
                paragraph (1) if the Secretary determines there is an 
                insufficient supply of a covered item that meets the 
                requirement.
                    ``(B) Notice.--If the Secretary determines a waiver 
                under subparagraph (A) is necessary, the Secretary 
                shall provide to the Committee on Homeland Security and 
                Governmental Affairs and the Committee on 
                Appropriations of the Senate and the Committee on 
                Homeland Security, the Committee on Oversight and 
                Reform, and the Committee on Appropriations of the 
                House of Representatives notice of such determination, 
                which shall include--
                            ``(i) identification of the national 
                        emergency declared by the President;
                            ``(ii) identification of the covered item 
                        for which the Secretary intends to issue the 
                        waiver; and
                            ``(iii) a description of the demand for the 
                        covered item and corresponding lack of supply 
                        from contractors able to meet the criteria 
                        described in subparagraph (B) or (C) of 
                        paragraph (1).
    ``(c) 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.
    ``(d) Report.--Not later than 180 days after the date of 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.
    ``(e) Effective Date.--This section applies with respect to a 
contract entered into by the Department or any frontline operational 
component on or after October 1, 2021.''.
    (b) Study.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        submit to the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Homeland Security of 
        the House of Representatives a study of the adequacy of 
        allowances provided to employees of frontline operational 
        components (as defined in section 836 of the Homeland Security 
        Act of 2002, as added by subsection (a)).
            (2) Requirements.--The study conducted under paragraph (1) 
        shall--
                    (A) 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; and
                    (B) 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 (Public Law 107-296; 116 Stat. 2135) 
is amended by inserting after the item relating to section 835 the 
following:

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