HOPR Act

II 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 secu- rity interests for Department of Homeland Security frontline operational components, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:10 Nov 14, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1009.RS S1009 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1009 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Homeland Procure- 2 ment Reform Act’’ or the ‘‘HOPR Act’’. 3 SEC. 2. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED 4 TO NATIONAL SECURITY INTERESTS AC- 5 CORDING TO CERTAIN CRITERIA. 6 (a) IN GENERAL.—Subtitle D of title VIII of the 7 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 8 is amended by adding at the end the following: 9 ‘‘SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RE- 10 LATED TO NATIONAL SECURITY INTERESTS. 11 ‘‘(a) DEFINITIONS.—In this section: 12 ‘‘(1) COVERED ITEM.—The term ‘covered item’ 13 means any of the following: 14 ‘‘(A) Body armor components intended to 15 provide ballistic protection for an individual, 16 consisting of 1 or more of the following: 17 ‘‘(i) Soft ballistic panels. 18 ‘‘(ii) Hard ballistic plates. 19 ‘‘(iii) Concealed armor carriers worn 20 under a uniform. 21 ‘‘(iv) External armor carriers worn 22 over a uniform. 23 ‘‘(B) Helmets that provide ballistic protec- 24 tion and other head protection and components. 25 ‘‘(C) Protective eyewear. 26 VerDate Sep 11 2014 23:10 Nov 14, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1009.RS S1009 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1009 RS ‘‘(D) Rain gear, cold weather gear, other 1 environmental and flame-resistant clothing. 2 ‘‘(E) Footwear. 3 ‘‘(F) Uniforms. 4 ‘‘(G) Bags and packs. 5 ‘‘(H) Holsters and tactical pouches. 6 ‘‘(I) Patches, insignia, and embellishments. 7 ‘‘(J) Respiratory protective masks. 8 ‘‘(K) Chemical, biological, radiological, and 9 nuclear protective gear. 10 ‘‘(L) Hearing protection equipment. 11 ‘‘(M) Powered air purifying respirators 12 and required filters. 13 ‘‘(N) Disposable and reusable surgical and 14 isolation gowns. 15 ‘‘(O) Protective eyewear. 16 ‘‘(P) Gloves. 17 ‘‘(Q) Face shields. 18 ‘‘(R) Head and foot coverings. 19 ‘‘(S) Sanitizing and disinfecting wipes. 20 ‘‘(T) Privacy curtains. 21 ‘‘(U) Beds and bedding. 22 ‘‘(V) Testing swabs. 23 ‘‘(W) Gauze and bandages. 24 ‘‘(X) Tents and tarpaulins. 25 VerDate Sep 11 2014 23:10 Nov 14, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1009.RS S1009 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1009 RS ‘‘(Y) Any other critical safety item as de- 1 termined appropriate by the Secretary. 2 ‘‘(2) FRONTLINE OPERATIONAL COMPONENT.— 3 The term ‘frontline operational component’ means 4 any of the following components of the Department: 5 ‘‘(A) U.S. Customs and Border Protection. 6 ‘‘(B) U.S. Immigration and Customs En- 7 forcement. 8 ‘‘(C) The United States Secret Service. 9 ‘‘(D) The Transportation Security Admin- 10 istration. 11 ‘‘(E) The Cybersecurity and Infrastructure 12 Security Agency. 13 ‘‘(F) The Federal Protective Service. 14 ‘‘(G) The Federal Emergency Management 15 Agency. 16 ‘‘(H) The Federal Law Enforcement 17 Training Centers. 18 ‘‘(b) REQUIREMENTS.— 19 ‘‘(1) IN GENERAL.—The Secretary shall ensure 20 that any procurement of a covered item for a front- 21 line operational component meets the following cri- 22 teria: 23 ‘‘(A) To the maximum extent possible, not 24 less than one-third of funds obligated in a spe- 25 VerDate Sep 11 2014 23:10 Nov 14, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1009.RS S1009 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1009 RS cific fiscal year for the procurement of such 1 covered items shall be covered items that are 2 manufactured in the United States by entities 3 that qualify as small business concerns, as such 4 term is described under section 3 of the Small 5 Business Act (15 U.S.C. 632). 6 ‘‘(B) Each contractor and first-tier subcon- 7 tractor with respect to the procurement of such 8 a covered item, including the end-item manufac- 9 turer of such a covered item— 10 ‘‘(i) is an entity registered with the 11 System for Award Management (or suc- 12 cessor system) administered by the General 13 Services Administration; and 14 ‘‘(ii) is in compliance with ISO 15 9001:2015 of the International Organiza- 16 tion for Standardization (or successor 17 standard). 18 ‘‘(C) Each supplier of such a covered item 19 with an insignia (such as any patch, badge, or 20 emblem) and each supplier of such an insignia, 21 if such covered item with such insignia or such 22 insignia, as the case may be, is not produced, 23 applied, or assembled in the United States, 24 shall— 25 VerDate Sep 11 2014 23:10 Nov 14, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1009.RS S1009 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1009 RS ‘‘(i) store such covered item with such 1 insignia or such insignia in a locked area; 2 ‘‘(ii) report any pilferage or theft of 3 such covered item with such insignia or 4 such insignia occurring at any stage before 5 delivery of such covered item with such in- 6 signia or such insignia; and 7 ‘‘(iii) destroy any such defective or 8 unusable covered item with insignia or in- 9 signia in a manner established by the Sec- 10 retary, and maintain records, for three 11 years after the creation of such records, of 12 such destruction that include the date of 13 such destruction, a description of the cov- 14 ered item with insignia or insignia de- 15 stroyed, the quantity of the covered item 16 with insignia or insignia destroyed, and the 17 method of destruction. 18 ‘‘(2) WAIVER.— 19 ‘‘(A) IN GENERAL.—In the case of a na- 20 tional emergency declared by the President 21 under the National Emergencies Act (50 U.S.C. 22 1601 et seq.), the Secretary may waive a re- 23 quirement in subparagraph (B) or (C) of para- 24 graph (1) if the Secretary determines there is 25 VerDate Sep 11 2014 23:10 Nov 14, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1009.RS S1009 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1009 RS an insufficient supply of a covered item that 1 meets the requirement. 2 ‘‘(B) NOTICE.—If the Secretary deter- 3 mines a waiver under subparagraph (A) is nec- 4 essary, the Secretary shall provide to the Com- 5 mittee on Homeland Security and Govern- 6 mental Affairs and the Committee on Appro- 7 priations of the Senate and the Committee on 8 Homeland Security, the Committee on Over- 9 sight and Reform, and the Committee on Ap- 10 propriations of the House of Representatives 11 notice of such determination, which shall in- 12 clude— 13 ‘‘(i) identification of the national 14 emergency declared by the President; 15 ‘‘(ii) identification of the covered item 16 for which the Secretary intends to issue 17 the waiver; and 18 ‘‘(iii) a description of the demand for 19 the covered item and corresponding lack of 20 supply from contractors able to meet the 21 criteria described in subparagraph (B) or 22 (C) of paragraph (1). 23 ‘‘(c) PRICING.—The Secretary shall ensure that cov- 24 ered items are purchased at a fair and reasonable price, 25 VerDate Sep 11 2014 23:10 Nov 14, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1009.RS S1009 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1009 RS consistent with the procedures and guidelines specified in 1 the Federal Acquisition Regulation. 2 ‘‘(d) REPORT.—Not later than 180 days after the 3 date of enactment of this section and annually thereafter, 4 the Secretary shall provide to the Committee on Homeland 5 Security, the Committee on Oversight and Reform, and 6 the Committee on Appropriations of the House of Rep- 7 resentatives, and the Committee on Homeland Security 8 and Governmental Affairs and the Committee on Appro- 9 priations of the Senate a report on instances in which ven- 10 dors have failed to meet deadlines for delivery of covered 11 items and corrective actions taken by the Department in 12 response to such instances. 13 ‘‘(e) EFFECTIVE DATE.—This section applies with 14 respect to a contract entered into by the Department or 15 any frontline operational component on or after October 16 1, 2021.’’. 17 (b) STUDY.— 18 (1) IN GENERAL.—Not later than 1 year after 19 the date of enactment of this Act, the Secretary of 20 Homeland Security shall submit to the Committee 21 on Homeland Security and Governmental Affairs of 22 the Senate and the Committee on Homeland Secu- 23 rity of the House of Representatives a study of the 24 adequacy of allowances provided to employees of 25 VerDate Sep 11 2014 23:10 Nov 14, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S1009.RS S1009 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1009 RS frontline operational components (as defined in sec- 1 tion 836 of the Homeland Security Act of 2002, as 2 added by subsection (a)). 3 (2) REQUIREMENTS.—The study conducted 4 under paragraph (1) shall— 5 (A) be informed by a Department-wide 6 survey of employees from across the Depart- 7 ment who receive uniform allowances that seeks 8 to ascertain what, if any, improvements could 9 be made to the current uniform allowances and 10 what, if any, impacts current allowances have 11 had on employee morale and retention; and 12 (B) consider increasing by 25 percent, at 13 minimum, the uniform allowance for first year 14 employees and by 50 percent, at minimum, the 15 annual allowance for all other employees. 16 (c) CLERICAL AMENDMENT.—The table of contents 17 in section 1(b) of the Homeland Security Act of 2002 18 (Public Law 107–296; 116 Stat. 2135) is amended by in- 19 serting after the item relating to section 835 the following: 20 ‘‘Sec. 836. Requirements to buy certain items related to national security inter- ests.’’. SECTION 1. SHORT TITLE. 21 This Act may be cited as the ‘‘Homeland Procurement 22 Reform Act’’ or the ‘‘HOPR Act’’. 23 VerDate Sep 11 2014 23:10 Nov 14, 2022 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S1009.RS S1009 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1009 RS SEC. 2. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED 1 TO NATIONAL SECURITY INTERESTS ACCORD- 2 ING TO CERTAIN CRITERIA. 3 (a) IN GENERAL.—Subtitle D of title VIII of the 4 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is 5 amended by adding at the end the following: 6 ‘‘SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RE- 7 LATED TO NATIONAL SECURITY INTERESTS. 8 ‘‘(a) DEFINITIONS.—In this section: 9 ‘‘(1) COVERED ITEM.—The term ‘covered item’ 10 means any of the following: 11 ‘‘(A) Footwear provided as part of a uni- 12 form. 13 ‘‘(B) Uniforms. 14 ‘‘(C) Holsters and tactical pouches. 15 ‘‘(D) Patches, insignia, and embellishments. 16 ‘‘(E) Chemical, biological, radiological, and 17 nuclear protective gear. 18 ‘‘(F) Body armor components intended to 19 provide ballistic protection for an individual, 20 consisting of 1 or more of the following: 21 ‘‘(i) Soft ballistic panels. 22 ‘‘(ii) Hard ballistic plates. 23 ‘‘(iii) Concealed armor carriers worn 24 under a uniform. 25 VerDate Sep 11 2014 23:10 Nov 14, 2022 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S1009.RS S1009 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1009 RS ‘‘(iv) External armor carriers worn 1 over a uniform. 2 ‘‘(G) Any other item as determined appro- 3 priate by the Secretary. 4 ‘‘(2) FRONTLINE OPERATIONAL COMPONENT.— 5 The term ‘frontline operational component’ means 6 any of the following organizations of the Department: 7 ‘‘(A) U.S. Customs and Border Protection. 8 ‘‘(B) U.S. Immigration and Customs En- 9 forcement. 10 ‘‘(C) The United States Secret Service. 11 ‘‘(D) The Transportation Security Adminis- 12 tration. 13 ‘‘(E) The Coast Guard. 14 ‘‘(F) The Federal Protective Service. 15 ‘‘(G) The Federal Emergency Management 16 Agency. 17 ‘‘(H) The Federal Law Enforcement Train- 18 ing Centers. 19 ‘‘(I) The Cybersecurity and Infrastructure 20 Security Agency. 21 ‘‘(b) REQUIREMENTS.— 22 ‘‘(1) IN GENERAL.—The Secretary shall ensure 23 that any procurement of a covered item for a front- 24 VerDate Sep 11 2014 23:10 Nov 14, 2022 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S1009.RS S1009 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1009 RS line operational component meets the following cri- 1 teria: 2 ‘‘(A) To the maximum extent possible, not 3 less than one-third of funds obligated in a spe- 4 cific fiscal year for the procurement of such cov- 5 ered items shall be covered items that are manu- 6 factured in the United States by entities that 7 qualify as small business concerns, as defined in 8 section 3 of the Small Business Act (15 U.S.C. 9 632). 10 ‘‘(B) Each contractor with respect to the 11 procurement of such a covered item, including 12 the end-item manufacturer of such a covered 13 item— 14 ‘‘(i) is an entity registered with the 15 System for Award Management (or suc- 16 cessor system) administered by the General 17 Services Administration; and 18 ‘‘(ii) is in compliance with ISO 19 9001:2015 of the International Organiza- 20 tion for Standardization (or successor 21 standard) or a standard determined appro- 22 priate by the Secretary to ensure the quality 23 of products and adherence to applicable 24 statutory and regulatory requirements. 25 VerDate Sep 11 2014 23:10 Nov 14, 2022 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\S1009.RS S1009 kjohnson on DSK79L0C42PROD with BILLS 13 •S 1009 RS ‘‘(C) Each supplier of such a covered item 1 with an insignia (such as any patch, badge, or 2 emblem) and each supplier of such an insignia, 3 if such covered item with such insignia or such 4 insignia, as the case may be, is not produced, 5 applied, or assembled in the United States, 6 shall— 7 ‘‘(i) store such covered item with such 8 insignia or such insignia in a locked area; 9 ‘‘(ii) report any pilferage or theft of 10 such covered item with such insignia [Text truncated for display. 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