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

<DOC>





                                                       Calendar No. 543
117th CONGRESS
  2d Session
                                S. 1009

                          [Report No. 117-192]

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, Mr. Rounds, and Mr. 
    Peters) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

                           November 14, 2022

               Reported by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Homeland Procurement Reform 
Act'' or the ``HOPR Act''.</DELETED>

<DELETED>SEC. 2. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO NATIONAL 
              SECURITY INTERESTS ACCORDING TO CERTAIN 
              CRITERIA.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO 
              NATIONAL SECURITY INTERESTS.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Covered item.--The term `covered item' means 
        any of the following:</DELETED>
                <DELETED>    ``(A) Body armor components intended to 
                provide ballistic protection for an individual, 
                consisting of 1 or more of the following:</DELETED>
                        <DELETED>    ``(i) Soft ballistic 
                        panels.</DELETED>
                        <DELETED>    ``(ii) Hard ballistic 
                        plates.</DELETED>
                        <DELETED>    ``(iii) Concealed armor carriers 
                        worn under a uniform.</DELETED>
                        <DELETED>    ``(iv) External armor carriers 
                        worn over a uniform.</DELETED>
                <DELETED>    ``(B) Helmets that provide ballistic 
                protection and other head protection and 
                components.</DELETED>
                <DELETED>    ``(C) Protective eyewear.</DELETED>
                <DELETED>    ``(D) Rain gear, cold weather gear, other 
                environmental and flame-resistant clothing.</DELETED>
                <DELETED>    ``(E) Footwear.</DELETED>
                <DELETED>    ``(F) Uniforms.</DELETED>
                <DELETED>    ``(G) Bags and packs.</DELETED>
                <DELETED>    ``(H) Holsters and tactical 
                pouches.</DELETED>
                <DELETED>    ``(I) Patches, insignia, and 
                embellishments.</DELETED>
                <DELETED>    ``(J) Respiratory protective 
                masks.</DELETED>
                <DELETED>    ``(K) Chemical, biological, radiological, 
                and nuclear protective gear.</DELETED>
                <DELETED>    ``(L) Hearing protection 
                equipment.</DELETED>
                <DELETED>    ``(M) Powered air purifying respirators 
                and required filters.</DELETED>
                <DELETED>    ``(N) Disposable and reusable surgical and 
                isolation gowns.</DELETED>
                <DELETED>    ``(O) Protective eyewear.</DELETED>
                <DELETED>    ``(P) Gloves.</DELETED>
                <DELETED>    ``(Q) Face shields.</DELETED>
                <DELETED>    ``(R) Head and foot coverings.</DELETED>
                <DELETED>    ``(S) Sanitizing and disinfecting 
                wipes.</DELETED>
                <DELETED>    ``(T) Privacy curtains.</DELETED>
                <DELETED>    ``(U) Beds and bedding.</DELETED>
                <DELETED>    ``(V) Testing swabs.</DELETED>
                <DELETED>    ``(W) Gauze and bandages.</DELETED>
                <DELETED>    ``(X) Tents and tarpaulins.</DELETED>
                <DELETED>    ``(Y) Any other critical safety item as 
                determined appropriate by the Secretary.</DELETED>
        <DELETED>    ``(2) Frontline operational component.-- The term 
        `frontline operational component' means any of the following 
        components of the Department:</DELETED>
                <DELETED>    ``(A) U.S. Customs and Border 
                Protection.</DELETED>
                <DELETED>    ``(B) U.S. Immigration and Customs 
                Enforcement.</DELETED>
                <DELETED>    ``(C) The United States Secret 
                Service.</DELETED>
                <DELETED>    ``(D) The Transportation Security 
                Administration.</DELETED>
                <DELETED>    ``(E) The Cybersecurity and Infrastructure 
                Security Agency.</DELETED>
                <DELETED>    ``(F) The Federal Protective 
                Service.</DELETED>
                <DELETED>    ``(G) The Federal Emergency Management 
                Agency.</DELETED>
                <DELETED>    ``(H) The Federal Law Enforcement Training 
                Centers.</DELETED>
<DELETED>    ``(b) Requirements.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall ensure that 
        any procurement of a covered item for a frontline operational 
        component meets the following criteria:</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) is an entity registered with 
                        the System for Award Management (or successor 
                        system) administered by the General Services 
                        Administration; and</DELETED>
                        <DELETED>    ``(ii) is in compliance with ISO 
                        9001:2015 of the International Organization for 
                        Standardization (or successor 
                        standard).</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) store such covered item with 
                        such insignia or such insignia in a locked 
                        area;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Waiver.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) identification of the 
                        national emergency declared by the 
                        President;</DELETED>
                        <DELETED>    ``(ii) identification of the 
                        covered item for which the Secretary intends to 
                        issue the waiver; and</DELETED>
                        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Study.--</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (2) Requirements.--The study conducted under 
        paragraph (1) shall--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>

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

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) Footwear provided as part of a uniform.
                    ``(B) Uniforms.
                    ``(C) Holsters and tactical pouches.
                    ``(D) Patches, insignia, and embellishments.
                    ``(E) Chemical, biological, radiological, and 
                nuclear protective gear.
                    ``(F) 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.
                    ``(G) Any other item as determined appropriate by 
                the Secretary.
            ``(2) Frontline operational component.--The term `frontline 
        operational component' means any of the following organizations 
        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 Coast Guard.
                    ``(F) The Federal Protective Service.
                    ``(G) The Federal Emergency Management Agency.
                    ``(H) The Federal Law Enforcement Training Centers.
                    ``(I) The Cybersecurity and Infrastructure Security 
                Agency.
    ``(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 defined in section 3 of the Small Business 
                Act (15 U.S.C. 632).
                    ``(B) Each contractor 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) or a 
                        standard determined appropriate by the 
                        Secretary to ensure the quality of products and 
                        adherence to applicable statutory and 
                        regulatory requirements.
                    ``(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.) or 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), the Secretary may 
                waive a requirement in subparagraph (A), (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.--Not later than 60 days after the 
                date on which 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 or major disaster 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 1 year 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 briefing 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 the date that is 180 days after the date of 
enactment of this section.''.
    (b) Study.--
            (1) In general.--Not later than 18 months 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 uniform 
        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 of Homeland 
                Security 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;
                    (B) assess the adequacy of the most recent increase 
                made to the uniform allowance for first year employees; 
                and
                    (C) consider increasing by 50 percent, at minimum, 
                the annual allowance for all other employees.
    (c) Additional Report.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        provide a report with recommendations on how the Department of 
        Homeland Security could procure additional items from domestic 
        sources and bolster the domestic supply chain for items related 
        to national security to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs and the Committee on 
                Appropriations of the Senate; and
                    (B) the Committee on Homeland Security, the 
                Committee on Oversight and Reform, and the Committee on 
                Appropriations of the House of Representatives.
            (2) Contents.--The report required under paragraph (1) 
        shall include--
                    (A) a review of the compliance of the Department of 
                Homeland Security with the requirements under section 
                604 of title VI of division A of the American Recovery 
                and Reinvestment Act of 2009 (6 U.S.C. 453b) to buy 
                certain items related to national security interests 
                from sources in the United States; and
                    (B) an assessment of the capacity of the Department 
                of Homeland Security to procure the following items 
                from domestic sources:
                            (i) Personal protective equipment and other 
                        items necessary to respond to a pandemic such 
                        as that caused by COVID-19.
                            (ii) Helmets that provide ballistic 
                        protection and other head protection and 
                        components.
                            (iii) Rain gear, cold weather gear, and 
                        other environmental and flame resistant 
                        clothing.
    (d) 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.''.
                                                       Calendar No. 543

117th CONGRESS

  2d Session

                                S. 1009

                          [Report No. 117-192]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           November 14, 2022

                       Reported with an amendment