[Congressional Record Volume 165, Number 96 (Monday, June 10, 2019)]
[House]
[Pages H4370-H4372]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HOMELAND PROCUREMENT REFORM ACT
Mr. CORREA. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2083) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2083
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 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.
``(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) U.S. Customs and Border Protection.
``(2) U.S. Immigration and Customs Enforcement.
``(3) The United States Secret Service.
``(4) The Transportation Security Administration.
``(5) The Cybersecurity and Infrastructure Security Agency.
[[Page H4371]]
``(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 one 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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Correa) and the gentleman from Texas (Mr. Crenshaw)
each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. CORREA. Mr. Speaker, I ask unanimous consent that all Members
have 5 days to revise and extend their remarks and to include
extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
{time} 1545
Mr. CORREA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 2083, the Homeland Procurement
Reform Act, or HOPR.
I am proud to have introduced this bipartisan legislation to reform
the way the Department of Homeland Security procures uniforms and
protective equipment for its personnel. The aim is to improve the
quality of uniforms and equipment issued to Department frontline
personnel by encouraging the procurement of domestically sourced
uniform items.
Today, DHS has more than 60,000 uniformed men and women. Less than
half of those uniforms are made here in the United States. Under this
legislation, at least a third of DHS funds spent on uniforms are to be
used to purchase goods manufactured by American small businesses.
Mr. Speaker, my bill is good for homeland security, and it is good
for small American businesses.
Additionally, in response to concerns expressed by frontline
personnel about how quickly they exhaust their annual uniform
allowances, my bill directs the Secretary of Homeland Security to take
a hard look at the adequacy of the allowances. In studying the issue,
the Secretary is required to determine what improvements can be made to
the current allowances and what impacts the current allowances have had
on employee morale and retention.
H.R. 2083 is endorsed by the Warrior Protection and Readiness
Coalition and the National Border Patrol Council, and it passed out of
committee unanimously.
Mr. Speaker, I thank my colleagues on the Homeland Security Committee
and Representative Mast from Florida for their contributions to and
support of this legislation.
Mr. Speaker, I urge my House colleagues to support this legislation,
and I reserve the balance of my time.
Mr. CRENSHAW. Mr. Speaker, I yield myself as much time as I may
consume. Mr. Speaker, I rise today in support of H.R. 2083.
This bill will encourage the Department of Homeland Security to
purchase uniforms and protective gear for its law enforcement officers
from ethical manufacturers and sellers. To do business with DHS,
contractors that supply frontline operational components must abide by
the code of business ethics, the Federal Acquisition Regulation, and
any quality control standards deemed appropriate by the Secretary.
These conditions will ensure that we are purchasing the very best
products for our men and women on the front lines.
The bill also protects the security of DHS law enforcement personnel
by requiring that uniforms and equipment that bear a law enforcement
insignia be properly stored and disposed of if they are unusable. This
will help prevent law enforcement badges and patches from falling into
the wrong hands or being used for nefarious purposes.
H.R. 2083 will also help to promote small businesses by encouraging
the Secretary of DHS to utilize small businesses for at least one-third
of DHS uniform needs. Small businesses are the backbone of America, and
this bill will help to ensure that the Secretary considers them for the
agency's needs whenever possible.
H.R. 2083 requires that the Secretary purchase uniforms at a fair and
reasonable price.
Further, the bill requires a study on the adequacy of uniform
allowances to ensure that DHS law enforcement personnel do not have to
pay out of pocket for the basic items they need to carry out their
duties.
Mr. Speaker, this bill goes a long way toward improving the process
for procurement of uniforms for DHS personnel, and I urge my colleagues
to support it.
Mr. Speaker, I yield back the balance of my time.
Mr. CORREA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, in addition to the goal of ensuring that at least a
third of all uniforms and protective equipment is provided by American
small businesses, this bill also addresses concerns expressed by DHS
frontline personnel.
Component personnel often deplete their annual uniform allowances
before the conclusion of the year and have experienced delays in
receiving basic uniform items, such as duty shirts, belts, and socks.
H.R. 2083 would put DHS on a path to improving its processes and
delivery of uniform items for its vital frontline personnel.
Mr. Speaker, I am proud of this bipartisan legislation that will
ensure that the men and women protecting our Nation have the best
equipment that they can.
Mr. Speaker, I thank my colleagues for their support of this process,
and once again, I ask for their support.
[[Page H4372]]
Mr. Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise in strong support of H.R. 2083,
the ``Homeland Procurement Reform Act.''
H.R. 2083 would reform the . way the Department of Homeland Security
procures uniforms and items related to national security interests.
This bill seeks to encourage the procurement of domestically sourced
uniform items to ensure higher-quality uniforms and equipment are
issued to the Department.
Specifically, this bill would allocate that no less than one-third of
the funds obligated for uniforms and protective equipment are used for
items that are manufactured in part or provided in the United States by
entities that qualify as a U.S. small business.
Additionally, H.R. 2083 will ensure that uniforms and protective
equipment are purchased at fair and reasonable prices, and that uniform
allowances provided to Department frontline personnel are adequate.
Last, the bill mandates that suppliers--
store such covered item in a locked area;
report any pilferage or theft of such covered item occurring at any
stage before delivery of such covered item; and
destroy any defective or unusable covered item bearing official DHS
insignia not manufactured in the US.
I stand to support this bill that will bring more opportunities for
American small businesses.
Mr. Speaker, I urge my colleagues to join me in supporting H.R. 2083
to reform the way the Department of Homeland Security procures uniforms
and items related to national security interests.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Correa) that the House suspend the rules
and pass the bill, H.R. 2083, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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