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 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Homeland Procure5 ment Reform Act’’ or the ‘‘HOPR Act’’. 


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1 SEC. 2. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED 

2 TO NATIONAL SECURITY INTERESTS AC3 CORDING TO CERTAIN CRITERIA. 

4 (a) IN GENERAL.—Subtitle D of title VIII of the 

5 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 

6 is amended by adding at the end the following new section: 

7 ‘‘SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RE8 LATED TO NATIONAL SECURITY INTERESTS. 

9 ‘‘(a) REQUIREMENT.—The Secretary shall ensure 

10 that any procurement of a covered item for a frontline 

11 operational component meets the following criteria: 

12 ‘‘(1) To the maximum extent possible, not less 

13 than one-third of funds obligated in a specific fiscal 

14 year for the procurement of such covered items shall 

15 be covered items that are manufactured in the 

16 United States by entities that qualify as small busi17 ness concerns, as such term is described under sec18 tion 3 of the Small Business Act (15 U.S.C. 632). 

19 ‘‘(2) Each contractor and first-tier subcon20 tractor with respect to the procurement of such a 

21 covered item, including the end-item manufacturer 

22 of such a covered item— 

23 ‘‘(A) is an entity registered with the Sys24 tem for Award Management (or successor sys25 tem) administered by the General Services Ad26 ministration; and 


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1 ‘‘(B) is in compliance with ISO 9001:2015 

2 of the International Organization for Standard3 ization (or successor standard); and 

4 ‘‘(3) Each supplier of such a covered item with 

5 an insignia (such as any patch, badge, or emblem) 

6 and each supplier of such an insignia, if such cov7 ered item with such insignia or such insignia, as the 

8 case may be, is not produced, applied, or assembled 

9 in the United States, shall— 

10 ‘‘(A) store such covered item with such in11 signia or such insignia in a locked area; 

12 ‘‘(B) report any pilferage or theft of such 

13 covered item with such insignia or such insignia 

14 occurring at any stage before delivery of such 

15 covered item with such insignia or such insig16 nia; and 

17 ‘‘(C) destroy any such defective or unus18 able covered item with insignia or insignia in a 

19 manner established by the Secretary, and main20 tain records, for three years after the creation 

21 of such records, of such destruction that include 

22 the date of such destruction, a description of 

23 the covered item with insignia or insignia de24 stroyed, the quantity of the covered item with 


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1 insignia or insignia destroyed, and the method 

2 of destruction. 

3 ‘‘(b) PRICING.—The Secretary shall ensure that cov4 ered items are purchased at a fair and reasonable price, 

5 consistent with the procedures and guidelines specified in 

6 the Federal Acquisition Regulation. 

7 ‘‘(c) REPORT.—Not later than 180 days after the 

8 date of the enactment of this section and annually there9 after, the Secretary shall provide to the Committee on 

10 Homeland Security, the Committee on Oversight and Re11 form, and the Committee on Appropriations of the House 

12 of Representatives, and the Committee on Homeland Se13 curity and Governmental Affairs and the Committee on 

14 Appropriations of the Senate a report on instances in 

15 which vendors have failed to meet deadlines for delivery 

16 of covered items and corrective actions taken by the De17 partment in response to such instances. 

18 ‘‘(d) DEPARTMENT FRONTLINE OPERATIONAL COM19 PONENT DESCRIBED.—In this section, the term ‘Depart20 ment frontline operational component’ refers to any of the 

21 following components of the Department: 

22 ‘‘(1) U.S. Customs and Border Protection. 

23 ‘‘(2) U.S. Immigration and Customs Enforce24 ment. 

25 ‘‘(3) The United States Secret Service. 


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1 ‘‘(4) The Transportation Security Administra2 tion. 

3 ‘‘(5) The Cybersecurity and Infrastructure Se4 curity Agency. 

5 ‘‘(6) The Federal Protective Service. 

6 ‘‘(7) The Federal Emergency Management 

7 Agency. 

8 ‘‘(8) The Federal Law Enforcement Training 

9 Centers. 

10 ‘‘(e) COVERED ITEM DESCRIBED.—In this section, 

11 the term ‘covered item’ refers to any of the following with 

12 respect to a Department frontline operational component: 

13 ‘‘(1) Body armor components intended to pro14 vide ballistic protection for an individual, consisting 

15 of one or more of the following: 

16 ‘‘(A) Soft ballistic panels. 

17 ‘‘(B) Hard ballistic plates. 

18 ‘‘(C) Concealed armor carriers worn under 

19 a uniform. 

20 ‘‘(D) External armor carriers worn over a 

21 uniform. 

22 ‘‘(2) Helmets that provide ballistic protection 

23 and other head protection and components. 

24 ‘‘(3) Protective eyewear. 


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1 ‘‘(4) Rain gear, cold weather gear, other envi2 ronmental and flame-resistant clothing. 

3 ‘‘(5) Footwear. 

4 ‘‘(6) Uniforms. 

5 ‘‘(7) Bags and packs. 

6 ‘‘(8) Holsters and tactical pouches. 

7 ‘‘(9) Patches, insignia, and embellishments. 

8 ‘‘(10) Respiratory protective masks. 

9 ‘‘(11) Chemical, biological, radiological, and nu10 clear protective gear. 

11 ‘‘(12) Hearing protection equipment. 

12 ‘‘(13) Any other critical safety item as deter13 mined appropriate by the Secretary. 

14 ‘‘(f) EFFECTIVE DATE.—This section applies with re15 spect to a contract entered into by the Department or any 

16 of its frontline operational components on or after October 

17 1, 2020.’’. 

18 (b) STUDY.—Not later than one year after the date 

19 of the enactment of this Act, the Secretary of Homeland 

20 Security shall submit to the Committee on Homeland Se21 curity of the House of Representatives and the Committee 

22 on Homeland Security and Governmental Affairs of the 

23 Senate a study of the adequacy of allowances provided to 

24 employees of Department of Homeland Security frontline 

25 operational components. Such study shall be informed by 


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1 a Department-wide survey of employees from across the 

2 Department who receive uniform allowances that seeks to 

3 ascertain what, if any, improvements could be made to the 

4 current uniform allowances and what, if any, impacts cur5 rent allowances have had on employee morale and reten6 tion. Such study shall also consider increasing by 25 per7 cent, at minimum, the uniform allowance for first year em8 ployees and by 50 percent, at minimum, the annual allow9 ance for all other employees. 

10 (c) CLERICAL AMENDMENT.—The table of contents 

11 in section 1(b) of the Homeland Security Act of 2002 is 

12 amended by inserting after the item relating to section 

13 835 the following new item: 

‘‘Sec. 836. Requirements to buy certain items related to national security interests.’’. 

Æ 


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