[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2083 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  1st Session
                                H. R. 2083


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 11, 2019

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 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:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.