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Union Calendar No. 65 

116TH CONGRESS 

1ST SESSION H. R. 2083 

[Report No. 116–90] 

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 4, 2019 

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 

MAY 30, 2019 

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 4, 2019] 


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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. 


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1 Be it enacted by the Senate and House of Representa2 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 ACCORD8 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 new section: 

12 ‘‘SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RE13 LATED TO NATIONAL SECURITY INTERESTS. 

14 ‘‘(a) REQUIREMENT.—The Secretary shall ensure that 

15 any procurement of covered items for a frontline oper16 ational component meets the following criteria: 

17 ‘‘(1) To the maximum extent possible, not less 

18 than one-third of funds obligated in a specific fiscal 

19 year for the procurement of such covered items shall 

20 be covered items that are manufactured in part or 

21 provided in the United States by entities that qualify 

22 as small business concerns (as such term is described 

23 under section 3 of the Small Business Act (15 U.S.C. 

24 632)). 


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1 ‘‘(2) Each prime contractor, with respect to the 

2 procurement of such covered items, shall ensure, to the 

3 maximum extent practicable, the following: 

4 ‘‘(A) Each first-tier subcontractor and end 

5 item manufacturer complies with the contractor 

6 code of business ethics and conduct under section 

7 3509 of title 41, United States Code, and the 

8 Federal Acquisition Regulation. 

9 ‘‘(B) Each first-tier subcontractor and end10 item manufacturer is in compliance with a 

11 standard identified by the Secretary as appro12 priate for quality, such as ISO 9001:2015 of the 

13 International Organization for Standardization. 

14 ‘‘(C) The ability of a first-tier subcontractor 

15 to fulfill the terms of the contract is verified. 

16 ‘‘(3) Each supplier of such a covered item with 

17 an insignia (such as any patch, badge, or emblem) 

18 and each supplier of such an insignia, if such covered 

19 item with such insignia or such insignia, as the case 

20 may be, is not produced, applied, or assembled in the 

21 United States, shall— 

22 ‘‘(A) store such covered item with such in23 signia or such insignia in a locked area; 

24 ‘‘(B) report any pilferage or theft of such 

25 covered item with such insignia or such insignia 


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1 occurring at any stage before delivery of such 

2 covered item with such insignia or such insignia; 

3 and 

4 ‘‘(C) destroy any defective or unusable cov5 ered item with insignia or insignia in a manner 

6 established by the Secretary, and maintain 

7 records, for three years after the creation of such 

8 records, of such destruction that include the date 

9 of such destruction, a description of the covered 

10 item with insignia or insignia destroyed, the 

11 quantity of the covered item with insignia or in12 signia destroyed, and the method of destruction. 

13 ‘‘(b) PRICING.—The Secretary shall ensure that cov14 ered items are purchased at a fair and reasonable price, 

15 consistent with the procedures and guidelines specified in 

16 the Federal Acquisition Regulation. 

17 ‘‘(c) REPORT.—Not later than 180 days after the date 

18 of the enactment of this section and annually thereafter, the 

19 Secretary shall provide to the Committee on Homeland Se20 curity, the Committee on Oversight and Reform, and the 

21 Committee on Appropriations of the House of Representa22 tives, and the Committee on Homeland Security and Gov23 ernmental Affairs and the Committee on Appropriations of 

24 the Senate a report on the following: 


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1 ‘‘(1) Instances in which vendors have failed to 

2 meet deadlines for delivery of covered items and cor3 rective actions taken by the Department in response 

4 to such instances. 

5 ‘‘(2) The status of efforts to carry out paragraph 

6 (1) of subsection (a). 

7 ‘‘(3) A description of how the Department en8 sures the compliance of each prime contractor with 

9 the requirements of paragraph (2) of subsection (a) 

10 and any instances of non-compliance. 

11 ‘‘(d) DEPARTMENT FRONTLINE OPERATIONAL COMPO12 NENT DESCRIBED.—In this section, the term ‘Department 

13 frontline operational component’ refers to any of the fol14 lowing components of the Department: 

15 ‘‘(1) U.S. Customs and Border Protection. 

16 ‘‘(2) U.S. Immigration and Customs Enforce17 ment. 

18 ‘‘(3) The United States Secret Service. 

19 ‘‘(4) The Transportation Security Administra20 tion. 

21 ‘‘(5) The Cybersecurity and Infrastructure Secu22 rity Agency. 

23 ‘‘(6) The Federal Protective Service. 

24 ‘‘(7) The Federal Emergency Management Agen25 cy. 


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1 ‘‘(8) The Federal Law Enforcement Training 

2 Centers. 

3 ‘‘(e) DETERMINATION.—If the Secretary determines 

4 that compliance with paragraph (1) of subsection (a) is im5 practical, the Secretary shall, not later than 15 days after 

6 making such determination, submit to the Committee on 

7 Homeland Security of the House of Representatives and 

8 Committee on Homeland Security and Governmental Af9 fairs of the Senate an explanation relating to such deter10 mination and specifics regarding what percentage of cov11 ered items will be procured by small business concerns. 

12 ‘‘(f) EXCEPTION.—This section shall not apply to the 

13 purchase of covered items by the Department to be used by 

14 the Department for training purposes. 

15 ‘‘(g) COVERED ITEM DESCRIBED.—In this section, the 

16 term ‘covered item’ refers to any of the following with re17 spect to a Department frontline operational component: 

18 ‘‘(1) Body armor components intended to provide 

19 ballistic protection for an individual, consisting of 

20 one or more of the following: 

21 ‘‘(A) Soft ballistic panels. 

22 ‘‘(B) Hard ballistic plates. 

23 ‘‘(C) Concealed armor carriers worn under 

24 a uniform. 


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1 ‘‘(D) External armor carriers worn over a 

2 uniform. 

3 ‘‘(2) Helmets that provide ballistic protection 

4 and other head protection and components. 

5 ‘‘(3) Protective eyewear. 

6 ‘‘(4) Rain gear, cold weather gear, other environ7 mental and flame-resistant clothing. 

8 ‘‘(5) Footwear. 

9 ‘‘(6) Uniforms. 

10 ‘‘(7) Bags and packs. 

11 ‘‘(8) Holsters and tactical pouches. 

12 ‘‘(9) Patches, insignia, and embellishments. 

13 ‘‘(10) Respiratory protective masks. 

14 ‘‘(11) Chemical, biological, radiological, and nu15 clear protective gear. 

16 ‘‘(12) Hearing protection equipment. 

17 ‘‘(13) Any other critical safety item as deter18 mined appropriate by the Secretary. 

19 ‘‘(h) EFFECTIVE DATE.—This section applies with re20 spect to a contract entered into by the Department or any 

21 of its frontline operational components on or after October 

22 1, 2020. 

23 ‘‘(i) SENSE OF CONGRESS.—It is the sense of Congress 

24 that the Secretary should endeavor to ensure that the major25 ity of covered items for a frontline operational component 


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1 procured by the Department are manufactured in the 

2 United States by entities that qualify as small business con3 cerns.’’. 

4 (b) STUDY.—Not later than one year after the date of 

5 the enactment of this Act, the Secretary of Homeland Secu6 rity shall submit to the Committee on Homeland Security 

7 of the House of Representatives and the Committee on 

8 Homeland Security and Governmental Affairs of the Senate 

9 a study of the adequacy of allowances provided to employees 

10 of Department of Homeland Security frontline operational 

11 components (as such term is described in section 836 of the 

12 Homeland Security Act of 2002, as added by subsection 

13 (a)). Such study shall be informed by a Department-wide 

14 survey of employees from across the Department who receive 

15 uniform allowances that seeks to ascertain what, if any, im16 provements could be made to the current uniform allow17 ances and what, if any, impacts current allowances have 

18 had on employee morale and retention. Such study shall 

19 also consider increasing by 25 percent, at minimum, the 

20 uniform allowance for first year employees and by 50 per21 cent, at minimum, the annual allowance for all other em22 ployees. 

23 (c) CLERICAL AMENDMENT.—The table of contents in 

24 section 1(b) of the Homeland Security Act of 2002 is 


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1 amended by inserting after the item relating to section 835 

2 the following new item: 

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


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pamtmann on DSKBFK8HB2PROD with BILLS
Union Calendar No. 65 

116TH CONGRESS 

1ST SESSION H. R. 2083 

[Report No. 116–90] 

A BILL 

To amend the Homeland Security Act of 2002 renents, and for other purposes. Homeland Security frontline operational compo- to national security interests for Department of garding the procurement of certain items related 

MAY 30, 2019 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


pamtmann on DSKBFK8HB2PROD with BILLS