107 S1009 RS: Homeland Procurement Reform Act U.S. Senate 2022-11-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Short title

This Act may be cited as the

Homeland Procurement Reform Act

or the

HOPR Act

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:

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.

Short title

This Act may be cited as the

Homeland Procurement Reform Act

or the

HOPR Act

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:

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.

November 14, 2022

Reported with an amendment