IB 
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 re-
ferred 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 secu-
rity interests for Department of Homeland Security 
frontline operational components, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives 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 ACCORD-
ING 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 oper-
ational 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)). 
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‘‘(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 appro-
priate 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 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 
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occurring at any stage before delivery of such 
covered item with such insignia or such insignia; 
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 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 in-
signia destroyed, and the method of destruction. 
‘‘(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 thereafter, the 
Secretary shall provide to the Committee on Homeland Se-
curity, the Committee on Oversight and Reform, and the 
Committee on Appropriations of the House of Representa-
tives, and the Committee on Homeland Security and Gov-
ernmental 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 paragraph 
(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 COMPO-
NENT DESCRIBED.—In this section, the term ‘Department 
frontline operational component’ refers to any of the fol-
lowing components of the Department: 
‘‘(1) U.S. Customs and Border Protection. 
‘‘(2) U.S. Immigration and Customs Enforce-
ment. 
‘‘(3) The United States Secret Service. 
‘‘(4) The Transportation Security Administra-
tion. 
‘‘(5) The Cybersecurity and Infrastructure Secu-
rity Agency. 
‘‘(6) The Federal Protective Service. 
‘‘(7) The Federal Emergency Management Agen-
cy. 
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‘‘(8) The Federal Law Enforcement Training 
Centers. 
‘‘(e) DETERMINATION.—If the Secretary determines 
that compliance with paragraph (1) of subsection (a) is im-
practical, 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 Af-
fairs of the Senate an explanation relating to such deter-
mination and specifics regarding what percentage of cov-
ered 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 re-
spect 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. 
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‘‘(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 environ-
mental 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 nu-
clear protective gear. 
‘‘(12) Hearing protection equipment. 
‘‘(13) Any other critical safety item as deter-
mined appropriate by the Secretary. 
‘‘(h) EFFECTIVE DATE.—This section applies with re-
spect 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 major-
ity of covered items for a frontline operational component 
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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 inter-
ests.’’. 
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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 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. 
MAY 30, 2019 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
22:20 May 30, 2019
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