HOPR Act

II 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 Secu- rity and Governmental Affairs 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Homeland Procure- 4 ment Reform Act’’ or the ‘‘HOPR Act’’. 5 VerDate Sep 11 2014 04:40 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1055.IS S1055 kjohnson on DSK79L0C42 with BILLS 2 •S 1055 IS SEC. 2. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED 1 TO NATIONAL SECURITY INTERESTS AC- 2 CORDING 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.) 5 is amended by adding at the end the following new section: 6 ‘‘SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RE- 7 LATED TO NATIONAL SECURITY INTERESTS. 8 ‘‘(a) REQUIREMENT.—The Secretary shall ensure 9 that any procurement of a covered item for a frontline 10 operational component meets the following criteria: 11 ‘‘(1) To the maximum extent possible, not less 12 than one-third of funds obligated in a specific fiscal 13 year for the procurement of such covered items shall 14 be covered items that are manufactured in the 15 United States by entities that qualify as small busi- 16 ness concerns, as such term is described under sec- 17 tion 3 of the Small Business Act (15 U.S.C. 632). 18 ‘‘(2) Each contractor and first-tier subcon- 19 tractor with respect to the procurement of such a 20 covered item, including the end-item manufacturer 21 of such a covered item— 22 ‘‘(A) is an entity registered with the Sys- 23 tem for Award Management (or successor sys- 24 tem) administered by the General Services Ad- 25 ministration; and 26 VerDate Sep 11 2014 04:40 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1055.IS S1055 kjohnson on DSK79L0C42 with BILLS 3 •S 1055 IS ‘‘(B) is in compliance with ISO 9001:2015 1 of the International Organization for Standard- 2 ization (or successor standard); and 3 ‘‘(3) Each supplier of such a covered item with 4 an insignia (such as any patch, badge, or emblem) 5 and each supplier of such an insignia, if such cov- 6 ered item with such insignia or such insignia, as the 7 case may be, is not produced, applied, or assembled 8 in the United States, shall— 9 ‘‘(A) store such covered item with such in- 10 signia or such insignia in a locked area; 11 ‘‘(B) report any pilferage or theft of such 12 covered item with such insignia or such insignia 13 occurring at any stage before delivery of such 14 covered item with such insignia or such insig- 15 nia; and 16 ‘‘(C) destroy any such defective or unus- 17 able covered item with insignia or insignia in a 18 manner established by the Secretary, and main- 19 tain records, for three years after the creation 20 of such records, of such destruction that include 21 the date of such destruction, a description of 22 the covered item with insignia or insignia de- 23 stroyed, the quantity of the covered item with 24 VerDate Sep 11 2014 04:40 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1055.IS S1055 kjohnson on DSK79L0C42 with BILLS 4 •S 1055 IS insignia or insignia destroyed, and the method 1 of destruction. 2 ‘‘(b) PRICING.—The Secretary shall ensure that cov- 3 ered items are purchased at a fair and reasonable price, 4 consistent with the procedures and guidelines specified in 5 the Federal Acquisition Regulation. 6 ‘‘(c) REPORT.—Not later than 180 days after the 7 date of the enactment of this section and annually there- 8 after, the Secretary shall provide to the Committee on 9 Homeland Security, the Committee on Oversight and Re- 10 form, and the Committee on Appropriations of the House 11 of Representatives, and the Committee on Homeland Se- 12 curity and Governmental Affairs and the Committee on 13 Appropriations of the Senate a report on instances in 14 which vendors have failed to meet deadlines for delivery 15 of covered items and corrective actions taken by the De- 16 partment in response to such instances. 17 ‘‘(d) DEPARTMENT FRONTLINE OPERATIONAL COM- 18 PONENT DESCRIBED.—In this section, the term ‘Depart- 19 ment frontline operational component’ refers to any of the 20 following components of the Department: 21 ‘‘(1) U.S. Customs and Border Protection. 22 ‘‘(2) U.S. Immigration and Customs Enforce- 23 ment. 24 ‘‘(3) The United States Secret Service. 25 VerDate Sep 11 2014 21:19 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1055.IS S1055 kjohnson on DSK79L0C42 with BILLS 5 •S 1055 IS ‘‘(4) The Transportation Security Administra- 1 tion. 2 ‘‘(5) The Cybersecurity and Infrastructure Se- 3 curity Agency. 4 ‘‘(6) The Federal Protective Service. 5 ‘‘(7) The Federal Emergency Management 6 Agency. 7 ‘‘(8) The Federal Law Enforcement Training 8 Centers. 9 ‘‘(e) COVERED ITEM DESCRIBED.—In this section, 10 the term ‘covered item’ refers to any of the following with 11 respect to a Department frontline operational component: 12 ‘‘(1) Body armor components intended to pro- 13 vide ballistic protection for an individual, consisting 14 of one or more of the following: 15 ‘‘(A) Soft ballistic panels. 16 ‘‘(B) Hard ballistic plates. 17 ‘‘(C) Concealed armor carriers worn under 18 a uniform. 19 ‘‘(D) External armor carriers worn over a 20 uniform. 21 ‘‘(2) Helmets that provide ballistic protection 22 and other head protection and components. 23 ‘‘(3) Protective eyewear. 24 VerDate Sep 11 2014 04:40 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1055.IS S1055 kjohnson on DSK79L0C42 with BILLS 6 •S 1055 IS ‘‘(4) Rain gear, cold weather gear, other envi- 1 ronmental and flame-resistant clothing. 2 ‘‘(5) Footwear. 3 ‘‘(6) Uniforms. 4 ‘‘(7) Bags and packs. 5 ‘‘(8) Holsters and tactical pouches. 6 ‘‘(9) Patches, insignia, and embellishments. 7 ‘‘(10) Respiratory protective masks. 8 ‘‘(11) Chemical, biological, radiological, and nu- 9 clear protective gear. 10 ‘‘(12) Hearing protection equipment. 11 ‘‘(13) Any other critical safety item as deter- 12 mined appropriate by the Secretary. 13 ‘‘(f) EFFECTIVE DATE.—This section applies with re- 14 spect to a contract entered into by the Department or any 15 of its frontline operational components on or after October 16 1, 2020.’’. 17 (b) STUDY.—Not later than one year after the date 18 of the enactment of this Act, the Secretary of Homeland 19 Security shall submit to the Committee on Homeland Se- 20 curity of the House of Representatives and the Committee 21 on Homeland Security and Governmental Affairs of the 22 Senate a study of the adequacy of allowances provided to 23 employees of Department of Homeland Security frontline 24 operational components. Such study shall be informed by 25 VerDate Sep 11 2014 04:40 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1055.IS S1055 kjohnson on DSK79L0C42 with BILLS 7 •S 1055 IS a Department-wide survey of employees from across the 1 Department who receive uniform allowances that seeks to 2 ascertain what, if any, improvements could be made to the 3 current uniform allowances and what, if any, impacts cur- 4 rent allowances have had on employee morale and reten- 5 tion. Such study shall also consider increasing by 25 per- 6 cent, at minimum, the uniform allowance for first year em- 7 ployees and by 50 percent, at minimum, the annual allow- 8 ance for all other employees. 9 (c) CLERICAL AMENDMENT.—The table of contents 10 in section 1(b) of the Homeland Security Act of 2002 is 11 amended by inserting after the item relating to section 12 835 the following new item: 13 ‘‘Sec. 836. Requirements to buy certain items related to national security inter- ests.’’. 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