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H.R. 2915: HOPR Act


The text of the bill below is as of Nov 11, 2021 (Preprint (Suspension)).


IB




                                                                                                                            Union Calendar No. 96
                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                             H. R. 2915
                                                                                                              [Report No. 117–135]

                                                                       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.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                     APRIL 30, 2021
                                                                       Mr. CORREA (for himself, Mr. MAST, Mr. MCGOVERN, Mr. PAPPAS, and Mr.
                                                                           THOMPSON of Mississippi) introduced the following bill; which was re-
                                                                           ferred to the Committee on Homeland Security

                                                                                                    OCTOBER 5, 2021
                                                                        Additional sponsors: Mr. BLUMENAUER, Mr. FITZPATRICK, Mrs. RODGERS of
                                                                                        Washington, Mr. MEIJER, and Ms. SLOTKIN

                                                                                                      OCTOBER 5, 2021
                                                                            Reported with an amendment, committed to the Committee of the Whole
                                                                                  House on the State of the Union, and ordered to be printed
                                                                                    [Strike out all after the enacting clause and insert the part printed in italic]
                                                                                    [For text of introduced bill, see copy of bill as introduced on April 30, 2021]
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2 A BILL To amend the Homeland Security Act of 2002 regarding the procurement of certain items related to national secu- rity interests for Department of Homeland Security frontline operational components, and for other purposes. kjohnson on DSK79L0C42PROD with BILLS •HR 2915 RH VerDate Sep 11 2014 22:57 Oct 05, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H2915.RH H2915
3 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘Homeland Procurement 5 Reform Act’’ or the ‘‘HOPR Act’’. 6 SEC. 2. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED 7 TO NATIONAL SECURITY INTERESTS ACCORD- 8 ING TO CERTAIN CRITERIA. 9 (a) IN GENERAL.—Subtitle D of title VIII of the 10 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is 11 amended by adding at the end the following: 12 ‘‘SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RE- 13 LATED TO NATIONAL SECURITY INTERESTS. 14 ‘‘(a) DEFINITIONS.—In this section: 15 ‘‘(1) COVERED ITEM.—The term ‘covered item’ 16 means any of the following: 17 ‘‘(A) Footwear provided as part of a uni- 18 form. 19 ‘‘(B) Uniforms. 20 ‘‘(C) Holsters and tactical pouches. 21 ‘‘(D) Patches, insignia, and embellishments. 22 ‘‘(E) Chemical, biological, radiological, and 23 nuclear protective gear. kjohnson on DSK79L0C42PROD with BILLS •HR 2915 RH VerDate Sep 11 2014 22:57 Oct 05, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H2915.RH H2915
4 1 ‘‘(F) Body armor components intended to 2 provide ballistic protection for an individual, 3 consisting of 1 or more of the following: 4 ‘‘(i) Soft ballistic panels. 5 ‘‘(ii) Hard ballistic plates. 6 ‘‘(iii) Concealed armor carriers worn 7 under a uniform. 8 ‘‘(iv) External armor carriers worn 9 over a uniform. 10 ‘‘(G) Any other item of clothing or protec- 11 tive equipment as determined appropriate by the 12 Secretary. 13 ‘‘(2) FRONTLINE OPERATIONAL COMPONENT.— 14 The term ‘frontline operational component’ means 15 any of the following organizations of the Department: 16 ‘‘(A) U.S. Customs and Border Protection. 17 ‘‘(B) U.S. Immigration and Customs En- 18 forcement. 19 ‘‘(C) The United States Secret Service. 20 ‘‘(D) The Transportation Security Adminis- 21 tration. 22 ‘‘(E) The Coast Guard. 23 ‘‘(F) The Federal Protective Service. 24 ‘‘(G) The Federal Emergency Management kjohnson on DSK79L0C42PROD with BILLS 25 Agency. •HR 2915 RH VerDate Sep 11 2014 22:57 Oct 05, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H2915.RH H2915
5 1 ‘‘(H) The Federal Law Enforcement Train- 2 ing Centers. 3 ‘‘(I) The Cybersecurity and Infrastructure 4 Security Agency. 5 ‘‘(b) REQUIREMENTS.— 6 ‘‘(1) IN GENERAL.—The Secretary shall ensure 7 that any procurement of a covered item for a front- 8 line operational component meets the following cri- 9 teria: 10 ‘‘(A) To the maximum extent possible, not 11 less than one-third of funds obligated in a spe- 12 cific fiscal year for the procurement of such cov- 13 ered items shall be covered items that are manu- 14 factured or supplied in the United States by en- 15 tities that qualify as small business concerns, as 16 such term is described under section 3 of the 17 Small Business Act (15 U.S.C. 632). 18 ‘‘(B) Each contractor with respect to the 19 procurement of such a covered item, including 20 the end-item manufacturer of such a covered 21 item— 22 ‘‘(i) is an entity registered with the 23 System for Award Management (or suc- 24 cessor system) administered by the General kjohnson on DSK79L0C42PROD with BILLS 25 Services Administration; and •HR 2915 RH VerDate Sep 11 2014 22:57 Oct 05, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H2915.RH H2915
6 1 ‘‘(ii) is in compliance with ISO 2 9001:2015 of the International Organiza- 3 tion for Standardization (or successor 4 standard) or a standard determined appro- 5 priate by the Secretary to ensure the quality 6 of products and adherence to applicable 7 statutory and regulatory requirements. 8 ‘‘(C) Each supplier of such a covered item 9 with an insignia (such as any patch, badge, or 10 emblem) and each supplier of such an insignia, 11 if such covered item with such insignia or such 12 insignia, as the case may be, is not produced, 13 applied, or assembled in the United States, 14 shall— 15 ‘‘(i) store such covered item with such 16 insignia or such insignia in a locked area; 17 ‘‘(ii) report any pilferage or theft of 18 such covered item with such insignia or 19 such insignia occurring at any stage before 20 delivery of such covered item with such in- 21 signia or such insignia; and 22 ‘‘(iii) destroy any such defective or un- 23 usable covered item with insignia or insig- 24 nia in a manner established by the Sec- kjohnson on DSK79L0C42PROD with BILLS 25 retary, and maintain records, for three •HR 2915 RH VerDate Sep 11 2014 22:57 Oct 05, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H2915.RH H2915
7 1 years after the creation of such records, of 2 such destruction that include the date of 3 such destruction, a description of the cov- 4 ered item with insignia or insignia de- 5 stroyed, the quantity of the covered item 6 with insignia or insignia destroyed, and the 7 method of destruction. 8 ‘‘(2) WAIVER.— 9 ‘‘(A) IN GENERAL.—In the case of a na- 10 tional emergency declared by the President under 11 the National Emergencies Act (50 U.S.C. 1601 et 12 seq.) or a major disaster declared by the Presi- 13 dent under section 401 of the Robert T. Stafford 14 Disaster Relief and Emergency Assistance Act 15 (42 U.S.C. 5170), the Secretary may waive a re- 16 quirement in subparagraph (A), (B) or (C) of 17 paragraph (1) if the Secretary determines there 18 is an insufficient supply of a covered item that 19 meets the requirement. 20 ‘‘(B) NOTICE.—Not later than 60 days after 21 the date on which the Secretary determines a 22 waiver under subparagraph (A) is necessary, the 23 Secretary shall provide to the Committee on 24 Homeland Security and Governmental Affairs kjohnson on DSK79L0C42PROD with BILLS 25 and the Committee on Appropriations of the •HR 2915 RH VerDate Sep 11 2014 22:57 Oct 05, 2021 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2915.RH H2915
8 1 Senate and the Committee on Homeland Secu- 2 rity, the Committee on Oversight and Reform, 3 and the Committee on Appropriations of the 4 House of Representatives notice of such deter- 5 mination, which shall include— 6 ‘‘(i) identification of the national 7 emergency or major disaster declared by the 8 President; 9 ‘‘(ii) identification of the covered item 10 for which the Secretary intends to issue the 11 waiver; and 12 ‘‘(iii) a description of the demand for 13 the covered item and corresponding lack of 14 supply from contractors able to meet the 15 criteria described in subparagraph (B) or 16 (C) of paragraph (1). 17 ‘‘(c) PRICING.—The Secretary shall ensure that covered 18 items are purchased at a fair and reasonable price, con- 19 sistent with the procedures and guidelines specified in the 20 Federal Acquisition Regulation. 21 ‘‘(d) REPORT.—Not later than 1 year after the date 22 of enactment of this section and annually thereafter, the 23 Secretary shall provide to the Committee on Homeland Se- 24 curity, the Committee on Oversight and Reform, and the kjohnson on DSK79L0C42PROD with BILLS 25 Committee on Appropriations of the House of Representa- •HR 2915 RH VerDate Sep 11 2014 22:57 Oct 05, 2021 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H2915.RH H2915
9 1 tives, and the Committee on Homeland Security and Gov- 2 ernmental Affairs and the Committee on Appropriations of 3 the Senate a briefing on instances in which vendors have 4 failed to meet deadlines for delivery of covered items and 5 corrective actions taken by the Department in response to 6 such instances. 7 ‘‘(e) EFFECTIVE DATE.—This section applies with re- 8 spect to a contract entered into by the Department or any 9 frontline operational component on or after the date that 10 is 180 days after the date of enactment of this section.’’. 11 (b) STUDY.— 12 (1) IN GENERAL.—Not later than 18 months 13 after the date of enactment of this Act, the Secretary 14 of Homeland Security shall submit to the Committee 15 on Homeland Security and Governmental Affairs of 16 the Senate and the Committee on Homeland Security 17 of the House of Representatives a study of the ade- 18 quacy of uniform allowances provided to employees of 19 frontline operational components (as defined in sec- 20 tion 836 of the Homeland Security Act of 2002, as 21 added by subsection (a)). 22 (2) REQUIREMENTS.—The study conducted 23 under paragraph (1) shall— 24 (A) be informed by a Department-wide sur- kjohnson on DSK79L0C42PROD with BILLS 25 vey of employees from across the Department of •HR 2915 RH VerDate Sep 11 2014 22:57 Oct 05, 2021 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H2915.RH H2915
10 1 Homeland Security who receive uniform allow- 2 ances that seeks to ascertain what, if any, im- 3 provements could be made to the current uniform 4 allowances and what, if any, impacts current al- 5 lowances have had on employee morale and re- 6 tention; 7 (B) assess the adequacy of the most recent 8 increase made to the uniform allowance for first 9 year employees; and 10 (C) consider increasing by 50 percent, at 11 minimum, the annual allowance for all other 12 employees. 13 (c) ADDITIONAL REPORT.— 14 (1) IN GENERAL.—Not later than 180 days after 15 the date of enactment of this Act, the Secretary of 16 Homeland Security shall provide a report with rec- 17 ommendations on how the Department of Homeland 18 Security could procure additional items from domes- 19 tic sources and bolster the domestic supply chain for 20 items related to national security to— 21 (A) the Committee on Homeland Security 22 and Governmental Affairs and the Committee on 23 Appropriations of the Senate; and 24 (B) the Committee on Homeland Security, kjohnson on DSK79L0C42PROD with BILLS 25 the Committee on Oversight and Reform, and the •HR 2915 RH VerDate Sep 11 2014 22:57 Oct 05, 2021 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H2915.RH H2915
11 1 Committee on Appropriations of the House of 2 Representatives. 3 (2) CONTENTS.—The report required under 4 paragraph (1) shall include the following: 5 (A) A review of the compliance of the De- 6 partment of Homeland Security with the re- 7 quirements under section 604 of title VI of divi- 8 sion A of the American Recovery and Reinvest- 9 ment Act of 2009 (6 U.S.C. 453b) to buy certain 10 items related to national security interests from 11 sources in the United States. 12 (B) An assessment of the capacity of the De- 13 partment of Homeland Security to procure the 14 following items from domestic sources: 15 (i) Personal protective equipment and 16 other items necessary to respond to a pan- 17 demic such as that caused by COVID–19. 18 (ii) Helmets that provide ballistic pro- 19 tection and other head protection and com- 20 ponents. 21 (iii) Rain gear, cold weather gear, and 22 other environmental and flame resistant 23 clothing. 24 (d) CLERICAL AMENDMENT.—The table of contents in kjohnson on DSK79L0C42PROD with BILLS 25 section 1(b) of the Homeland Security Act of 2002 (Public •HR 2915 RH VerDate Sep 11 2014 22:57 Oct 05, 2021 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H2915.RH H2915
12 1 Law 107–296; 116 Stat. 2135) is amended by inserting 2 after the item relating to section 835 the following: ‘‘Sec. 836. Requirements to buy certain items related to national security inter- ests.’’. kjohnson on DSK79L0C42PROD with BILLS •HR 2915 RH VerDate Sep 11 2014 22:57 Oct 05, 2021 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6213 E:\BILLS\H2915.RH H2915
kjohnson on DSK79L0C42PROD with BILLS VerDate Sep 11 2014 22:57 Oct 05, 2021 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6213 E:\BILLS\H2915.RH H2915
Union Calendar No. 96 117TH CONGRESS 1ST SESSION H. R. 2915 [Report No. 117–135] H2915 A BILL E:\BILLS\H2915.RH To amend the Homeland Security Act of 2002 re- garding the procurement of certain items related to national security interests for Department of Homeland Security frontline operational compo- nents, and for other purposes. Sfmt 6651 OCTOBER 5, 2021 Fmt 6651 Reported with an amendment, committed to the Com- mittee of the Whole House on the State of the Union, and ordered to be printed Frm 00014 PO 00000 Jkt 029200 22:57 Oct 05, 2021 VerDate Sep 11 2014 kjohnson on DSK79L0C42PROD with BILLS