Homeland Procurement Reform Act or the HOPR Act
This bill directs the Department of Homeland Security (DHS) to ensure that procurement of certain items, such as body armor and other protective gear, meets specified requirements, including that a fraction of procurement funds be used for items manufactured by U.S. small businesses.
The bill sets forth requirements for waivers based on a national emergency.
DHS shall (1) ensure that covered items are purchased at a fair and reasonable price, and (2) study the adequacy of uniform allowances provided to employees of frontline operational components (i.e., Customs and Border Protection and other listed agencies and entities).
DHS must report to Congress with recommendations on how it could procure additional items from domestic sources and bolster the domestic supply chain for specified national security-related items, including personal protective equipment and other items necessary to respond to a pandemic such as that caused by COVID-19.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2915 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
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.
_______________________________________________________________________
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
referred to the Committee on Homeland Security
_______________________________________________________________________
A BILL
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) 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.
``(B) Helmets that provide ballistic protection and
other head protection and components.
``(C) Protective eyewear.
``(D) Rain gear, cold weather gear, other
environmental and flame-resistant clothing.
``(E) Footwear.
``(F) Uniforms.
``(G) Bags and packs.
``(H) Holsters and tactical pouches.
``(I) Patches, insignia, and embellishments.
``(J) Respiratory protective masks.
``(K) Chemical, biological, radiological, and
nuclear protective gear.
``(L) Hearing protection equipment.
``(M) Powered air purifying respirators and
required filters.
``(N) Disposable and reusable surgical and
isolation gowns.
``(O) Protective eyewear.
``(P) Gloves.
``(Q) Face shields.
``(R) Head and foot coverings.
``(S) Sanitizing and disinfecting wipes.
``(T) Privacy curtains.
``(U) Beds and bedding.
``(V) Testing swabs.
``(W) Gauze and bandages.
``(X) Tents and tarpaulins.
``(Y) Any other critical safety item as determined
appropriate by the Secretary.
``(2) Frontline operational component.-- The term
`frontline operational component' means any of the following
components 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 Cybersecurity and Infrastructure Security
Agency.
``(F) The Federal Protective Service.
``(G) The Federal Emergency Management Agency.
``(H) The Federal Law Enforcement Training Centers.
``(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 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 and first-tier subcontractor
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).
``(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.), the Secretary
may waive a requirement in subparagraph (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.--If 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 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 180 days 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 report 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 October 1, 2021.''.
(b) Study.--
(1) In general.--Not later than 1 year 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 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; and
(B) 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 (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.''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E467)
Referred to the House Committee on Homeland Security.
Referred to the Subcommittee on Oversight, Management, and Accountability.
Subcommittee on Oversight, Management, and Accountability Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Homeland Security. H. Rept. 117-135.
Reported (Amended) by the Committee on Homeland Security. H. Rept. 117-135.
Placed on the Union Calendar, Calendar No. 96.
Mr. Correa moved to suspend the rules and pass the bill, as amended.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Considered under suspension of the rules. (consideration: CR H6292-6294)
DEBATE - The House proceeded with forty minutes of debate on H.R. 2915.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H6292-6293)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6292-6293)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 578.