[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