[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2915 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 578
117th CONGRESS
2d Session
H. R. 2915
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 17, 2021
Received
December 5, 2022
Read twice and placed on the calendar
_______________________________________________________________________
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:
``SEC. 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 of clothing or protective
equipment 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 or supplied 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 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 the following:
(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.
(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.''.
Passed the House of Representatives November 16, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.
Calendar No. 578
117th CONGRESS
2d Session
H. R. 2915
_______________________________________________________________________
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.
_______________________________________________________________________
December 5, 2022
Read twice and placed on the calendar