[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2083 Engrossed in House (EH)]
<DOC>
116th CONGRESS
1st Session
H. R. 2083
_______________________________________________________________________
AN ACT
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,
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 new section:
``SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO NATIONAL
SECURITY INTERESTS.
``(a) Requirement.--The Secretary shall ensure that any procurement
of covered items for a frontline operational component meets the
following criteria:
``(1) 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 part or provided 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)).
``(2) Each prime contractor, with respect to the
procurement of such covered items, shall ensure, to the maximum
extent practicable, the following:
``(A) Each first-tier subcontractor and end item
manufacturer complies with the contractor code of
business ethics and conduct under section 3509 of title
41, United States Code, and the Federal Acquisition
Regulation.
``(B) Each first-tier subcontractor and end-item
manufacturer is in compliance with a standard
identified by the Secretary as appropriate for quality,
such as ISO 9001:2015 of the International Organization
for Standardization.
``(C) The ability of a first-tier subcontractor to
fulfill the terms of the contract is verified.
``(3) 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--
``(A) store such covered item with such insignia or
such insignia in a locked area;
``(B) 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
``(C) destroy any defective or unusable covered
item with insignia or insignia in a manner established
by the Secretary, and maintain records, for 3 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.
``(b) 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.
``(c) Report.--Not later than 180 days after the date of the
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 the following:
``(1) 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.
``(2) The status of efforts to carry out paragraph (1) of
subsection (a).
``(3) A description of how the Department ensures the
compliance of each prime contractor with the requirements of
paragraph (2) of subsection (a) and any instances of non-
compliance.
``(d) Department Frontline Operational Component Described.--In
this section, the term `Department frontline operational component'
refers to any of the following components of the Department:
``(1) United States Customs and Border Protection.
``(2) United States Immigration and Customs Enforcement.
``(3) The United States Secret Service.
``(4) The Transportation Security Administration.
``(5) The Cybersecurity and Infrastructure Security Agency.
``(6) The Federal Protective Service.
``(7) The Federal Emergency Management Agency.
``(8) The Federal Law Enforcement Training Centers.
``(e) Determination.--If the Secretary determines that compliance
with paragraph (1) of subsection (a) is impractical, the Secretary
shall, not later than 15 days after making such determination, submit
to the Committee on Homeland Security of the House of Representatives
and Committee on Homeland Security and Governmental Affairs of the
Senate an explanation relating to such determination and specifics
regarding what percentage of covered items will be procured by small
business concerns.
``(f) Exception.--This section shall not apply to the purchase of
covered items by the Department to be used by the Department for
training purposes.
``(g) Covered Item Described.--In this section, the term `covered
item' refers to any of the following with respect to a Department
frontline operational component:
``(1) Body armor components intended to provide ballistic
protection for an individual, consisting of one or more of the
following:
``(A) Soft ballistic panels.
``(B) Hard ballistic plates.
``(C) Concealed armor carriers worn under a
uniform.
``(D) External armor carriers worn over a uniform.
``(2) Helmets that provide ballistic protection and other
head protection and components.
``(3) Protective eyewear.
``(4) Rain gear, cold weather gear, other environmental and
flame-resistant clothing.
``(5) Footwear.
``(6) Uniforms.
``(7) Bags and packs.
``(8) Holsters and tactical pouches.
``(9) Patches, insignia, and embellishments.
``(10) Respiratory protective masks.
``(11) Chemical, biological, radiological, and nuclear
protective gear.
``(12) Hearing protection equipment.
``(13) Any other critical safety item as determined
appropriate by the Secretary.
``(h) Effective Date.--This section applies with respect to a
contract entered into by the Department or any of its frontline
operational components on or after October 1, 2020.
``(i) Sense of Congress.--It is the sense of Congress that the
Secretary should endeavor to ensure that the majority of covered items
for a frontline operational component procured by the Department are
manufactured in the United States by entities that qualify as small
business concerns.''.
(b) Study.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
study of the adequacy of allowances provided to employees of Department
of Homeland Security frontline operational components (as such term is
described in section 836 of the Homeland Security Act of 2002, as added
by subsection (a)). Such study shall 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. Such
study shall also 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 is amended by inserting after the
item relating to section 835 the following new item:
``Sec. 836. Requirements to buy certain items related to national
security interests.''.
Passed the House of Representatives June 10, 2019.
Attest:
Clerk.
116th CONGRESS
1st Session
H. R. 2083
_______________________________________________________________________
AN ACT
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.