IIB 
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 secu-
rity interests for Department of Homeland Security 
frontline operational components, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Homeland Procure-
ment Reform Act’’ or the ‘‘HOPR Act’’. 
SEC. 2. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED 
TO 
NATIONAL 
SECURITY 
INTERESTS 
AC-
CORDING 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 RE-
LATED 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 de-
scribed 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: 
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‘‘(A) Each first-tier subcontractor and end 
item manufacturer complies with the contractor 
code of business ethics and conduct under sec-
tion 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 appro-
priate for quality, such as ISO 9001:2015 of 
the International Organization for Standardiza-
tion. 
‘‘(C) The ability of a first-tier subcon-
tractor 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 cov-
ered 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 in-
signia 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 
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covered item with such insignia or such insig-
nia; and 
‘‘(C) destroy any defective or unusable cov-
ered 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 de-
struction. 
‘‘(b) PRICING.—The Secretary shall ensure that cov-
ered 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 there-
after, the Secretary shall provide to the Committee on 
Homeland Security, the Committee on Oversight and Re-
form, and the Committee on Appropriations of the House 
of Representatives, and the Committee on Homeland Se-
curity and Governmental Affairs and the Committee on 
Appropriations of the Senate a report on the following: 
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‘‘(1) Instances in which vendors have failed to 
meet deadlines for delivery of covered items and cor-
rective actions taken by the Department in response 
to such instances. 
‘‘(2) The status of efforts to carry out para-
graph (1) of subsection (a). 
‘‘(3) A description of how the Department en-
sures 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 COM-
PONENT DESCRIBED.—In this section, the term ‘Depart-
ment frontline operational component’ refers to any of the 
following components of the Department: 
‘‘(1) United States Customs and Border Protec-
tion. 
‘‘(2) United States Immigration and Customs 
Enforcement. 
‘‘(3) The United States Secret Service. 
‘‘(4) The Transportation Security Administra-
tion. 
‘‘(5) The Cybersecurity and Infrastructure Se-
curity Agency. 
‘‘(6) The Federal Protective Service. 
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