[House Report 117-135]
[From the U.S. Government Publishing Office]


117th Congress    }                                   {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                   {       117-135

======================================================================



 
                    HOMELAND PROCUREMENT REFORM ACT

                                _______
                                

October 5, 2021.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2915]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 2915) 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, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     4
Background and Need for Legislation..............................     4
Hearings.........................................................     6
Committee Consideration..........................................     6
Committee Votes..................................................     6
Committee Oversight Findings.....................................     6
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     6
Federal Mandates Statement.......................................     7
Duplicative Federal Programs.....................................     7
Statement of General Performance Goals and Objectives............     7
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     7
Advisory Committee Statement.....................................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     8

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.''.

                          Purpose and Summary

    H.R. 2915, the ``Homeland Procurement Reform Act'' or the 
``HOPR Act,'' would reform the way the Department of Homeland 
Security (DHS) procures uniforms and related gear (e.g., body 
armor) for its operational components. It seeks to ensure that 
the Department issues high-quality uniforms and gear to 
frontline personnel by encouraging the procurement of 
domestically sourced items. Under the Act, the Secretary of 
Homeland Security is required to ensure, to the maximum extent 
possible, that at least one-third of the funds obligated for 
the procurement of uniforms and gear be used to purchase goods 
manufactured or supplied by entities that qualify as a U.S. 
small business. Moreover, the bill requires DHS to study 
whether uniform allowances provided to personnel are adequate 
and to also report on opportunities to procure additional 
items, such as personal protective equipment (PPE), from 
domestic sources. Lastly, the bill strengthens supply chain 
security by mandating locked storage, reports of stolen goods, 
and the destruction of defective or unusable items bearing 
official DHS insignia not manufactured in the United States.

                  Background and Need for Legislation

    Supporting the needs of DHS's frontline employees is a 
priority of this Committee. It is imperative that these 
employees are equipped with quality uniforms and related safety 
gear at a reasonable price. In 2017, the Government 
Accountability Office found that less than half of the 
Department's uniforms were manufactured in the United States 
with 58 percent of the funds allocated for the current DHS 
uniform contract being spent on imported items.\1\ While DHS 
has incorporated restrictions in its procurement policies and 
practices pursuant to the Kissell Amendment (6 U.S.C. 
Sec. 453b)--which intended to restrict Federal agencies to 
procuring uniforms and other textiles from U.S. manufactures--
exceptions for international trade agreements have caused this 
provision to have little effect.
---------------------------------------------------------------------------
    \1\U.S. Government Accountability Office, Government Procurement: 
Effect of Restriction on DHS's Purchasing of Foreign Textiles Is 
Limited, (Nov. 21, 2017), available at https://www.gao.gov/products/
gao-18-116.
---------------------------------------------------------------------------
    H.R. 2915 seeks to enable DHS to acquire quality, American-
made products for DHS frontline personnel by ensuring that at 
least 33 percent of funding spent on uniforms and related gear 
is provided to American small businesses and new controls are 
placed around uniforms and gear with DHS insignia not produced 
in the U.S. Since the intent of H.R. 2915 is to support 
domestic manufacturing, the Committee expects DHS to prioritize 
purchasing uniforms and related gear from American small 
businesses that manufacture, produce, or assemble goods. The 
Committee expects DHS to only purchase items from American 
small businesses that serve as a pass through to supply 
foreign-manufactured goods when domestic manufacturing does not 
meet all the criteria identified in the bill. The Committee 
will carry out ongoing oversight of the implementation of this 
Act and, to that end, would seek reporting within 60 days of 
DHS awarding a contract, pursuant to this Act, for covered 
items procured for a covered component that are supplied by a 
U.S. small business but manufactured by a foreign manufacturer 
together with any market research conducted by the Department 
within the previous 180 days confirming that the items to be 
procured are unavailable in the quality or quantity, or at a 
fair and reasonable price, from any U.S. manufacturer and/or 
small business.
    The Committee also seeks to address concerns from uniformed 
DHS personnel regarding the delivery of uniform items and the 
adequacy of uniform allowances. Regarding delivery, the 
Committee has been told that basic items such as duty shirts, 
belts, and socks are not always delivered in a timely fashion, 
forcing personnel to go without. Regarding the uniform 
allowance, the National Border Patrol Council and the 
Department have shared with the Committee that about 94 percent 
of Border Patrol Agents exhaust their annual uniform allowance 
as their uniforms are often subject to intense wear and tear in 
the field.
    The HOPR Act gives attention to questions about delivery 
issues and the adequacy of uniform allowances by directing the 
Secretary to (1) brief Congress annually on instances in which 
vendors have failed to meet deadlines for delivery of DHS 
uniform items and the corrective actions taken by the 
Department in response to such instances, and (2) study the 
adequacy of uniform allowances provided to Department frontline 
personnel to determine what improvements can be made to current 
stipends to limit what law enforcement personnel spend out-of-
pocket. When briefing Congress about delivery issues, the 
Department shall sufficiently detail the reasons for the 
vendor's failure to meet deadlines and the extent to which the 
items are manufactured in the U.S.
    Additionally, given the Department's critical mission, DHS 
employees have worked on the frontlines throughout the COVID-19 
pandemic. The Committee learned that DHS's operational 
components did not consistently provide frontline workers with 
adequate PPE or access to testing. Limited domestic production 
and high global demand for PPE, such as N-95 masks and gloves, 
led to persistent shortages for these critical supplies 
nationwide. As of July 2, 2021, more than 25,000 DHS employees 
had tested positive for COVID-19 and 45 had passed away.
    To further bolster the domestic supply chain for other 
national security items, the HOPR Act directs the Secretary to 
report to Congress on the Department's compliance with the 
Kissell Amendment and assess DHS's capacity to procure other 
safety gear for frontline operators from domestic sources. This 
includes PPE and other items necessary to respond to a 
pandemic, such as that caused by COVID-19. While not included 
in the list of items for which the Department is expected to 
spend at least one-third of funding with American small 
businesses, DHS shall endeavor to purchase PPE and other 
specified safety gear for frontline operators from such 
domestic manufacturers to the maximum extent possible.

                                Hearings

    For the purposes of clause 3(c)(6) of rule XIII of the 
Rules of the House of Representatives, the following hearings 
were used to develop H.R. 2915:
    The Committee did not hold a legislative hearing on H.R. 
2915 in the 117th Congress. However, the legislation was 
informed by a hearing held in the 116th Congress where 
frontline employees' access to PPE and testing during the 
COVID-19 pandemic was discussed. On June 16, 2020, the 
Subcommittee on Oversight, Management, and Accountability held 
a hearing entitled, ``Business as Usual? Assessing How DHS Can 
Resume Operations Safely.'' The Subcommittee received testimony 
from Dr. Everett Kelley, National President, American 
Federation of Government Employees, AFL-CIO; Mr. Anthony M. 
Reardon, National President, National Treasury Employees Union; 
and Mr. Brandon Judd, National President, National Border 
Patrol Council.

                        Committee Consideration

    The Committee met on July 28, 2021, a quorum being present, 
to consider H.R. 2915 and ordered the measure to be favorably 
reported to the House, with amendment, by voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII requires the Committee to list the 
recorded votes on the motion to report legislation and 
amendments thereto.
    No recorded votes were requested during consideration of 
H.R. 2915.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of rule X, are incorporated in the descriptive portions of this 
report.

Congressional Budget Office Estimate, New Budget Authority, Entitlement 
                    Authority, and Tax Expenditures

    With respect to the requirements of clause 3(c)(2) of rule 
XIII and section 308(a) of the Congressional Budget Act of 
1974, and with respect to the requirements of clause 3(c)(3) of 
rule XIII and section 402 of the Congressional Budget Act of 
1974, the Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 2915 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the objective of 
H.R. 2915 is to reform how DHS procures uniforms and related 
gear for its components to ensure that high-quality, American-
made uniforms and gear are issued to Department frontline 
personnel.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with rule XXI, this bill, as reported, 
contains no congressional earmarks, limited tax benefits, or 
limited tariff benefits as defined in clause 9(d), 9(e), or 
9(f) of rule XXI.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that H.R. 2915 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation

    Section 1. Short Title.
    This section states that the 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.
    Subsection 2(a) amends subtitle D of title VIII of the 
Homeland Security Act of 2002 to add a new section that 
requires the Secretary to ensure that any procurement of 
covered items for a frontline operational component meet the 
following criteria: (1) to the maximum extent possible, at 
least one-third of the funds obligated for the procurement of 
uniforms and related gear be used to purchase goods 
manufactured or supplied by entities that qualify as a U.S. 
small business; (2) each contractor, with respect to the 
procurement of covered items, is registered in the System for 
Award Management (or successor system) and is in compliance 
with quality control standards deemed appropriate by the 
Secretary of Homeland Security; and (3) each supplier of 
covered items bearing DHS insignia that are not produced, 
applied, or assembled within the U.S. secures such items in 
locked storage, reports any theft of such items, and ensures 
the destruction of defective or unusable items in a manner 
established by the Secretary.
    In the event the President declares a national emergency or 
major disaster, the Secretary may waive the requirements if the 
Secretary determines there is insufficient supply of covered 
items to meet the requirements. If the Secretary determines a 
waiver is necessary, the Secretary shall provide a notice to 
Congress, not later than 60 days after making the 
determination, that includes: (1) identification of the 
national emergency or major disaster declared by the President; 
(2) identification of the covered item for which the Secretary 
intends to issue the waiver; and (3) a description of the 
demand for the item and corresponding lack of supply from 
contractors to meet the requirements.
    This subsection also requires the Secretary to ensure that 
uniform items and related gear are purchased at fair and 
reasonable prices. Additionally, the Secretary is required to 
brief Congress no later than 1 year after enactment of the 
section, and annually thereafter, 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. Subsection 2(a) further clarifies that the 
requirements in this section apply to contracts entered into by 
the Department or any of its frontline operational components 
on or after a date that is 180 days after the enactment of the 
section. Lastly, this subsection defines the terms ``Department 
frontline operational component'' and ``covered items.''
    Subsection 2(b) directs the Secretary to submit to Congress 
a study of the adequacy of uniform allowances provided to 
frontline personnel not later than 18 months after the 
enactment of the Act. The study shall: (1) be informed by a 
Department-wide survey of employees who receive uniform 
allowances to determine what improvements can be made to 
current uniform allowances and what impact current allowances 
have had on employee morale and retention; (2) assess the 
adequacy of the most recent increase to the allowance for 
first-year employees; and (3) consider increasing by at least 
50 percent the annual allowance for all other employees.
    Subsection 2(c) directs the Secretary to submit to Congress 
a report with recommendations on how the Department could 
procure additional items from domestic sources and bolster the 
domestic supply chain for items related to national security 
not later than 180 days after the enactment of the Act. The 
report shall include: (1) a review of the Department's 
compliance with the requirements outlined in the Kissell 
Amendment (6 U.S.C. Sec. 453b); and (2) an assessment of the 
capacity of the Department to procure other specified items 
from domestic sources, such as PPE, helmets that provide 
ballistic protection, and rain gear, among other things.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
    (b) Table of Contents.--The table of contents for this Act 
is as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

 TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
      UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

     * * * * * * *

                        Subtitle D--Acquisitions

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

           *       *       *       *       *       *       *


TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

           *       *       *       *       *       *       *


Subtitle D--Acquisitions

           *       *       *       *       *       *       *


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.

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