Homeland Procurement Reform Act or the HOPR Act
This bill directs the Department of Homeland Security (DHS) to: (1) procure certain critical equipment of the quality and innovation necessary to carry out effectively their security, enforcement, and investigative missions; and (2) ensure that funds appropriated or otherwise available to its frontline operational components are used for the procurement of covered items only if they meet specified criteria (e.g., that the supplier agree to store items not assembled in the United States in a locked area, report theft of insignia before delivery to the government, destroy defective items with which the insignia is included, and maintain records of such destruction).
"Frontline operational component" includes: (1) U.S. Customs and Border Protection, (2) U.S. Immigration and Customs Enforcement, (3) the Transportation Security Administration, (4) the Coast Guard, and (5) the Secret Service.
"Covered items" include: (1) body armor components intended to provide ballistic protection for an individual, (2) helmets that provide head protection, (3) respiratory protection equipment, and (4) any other critical safety item as determined appropriate by DHS.
The maximum uniform allowance for an agent of a frontline operational component shall be $1,200.
This bill: (1) does not apply to any procurements by a vessel in foreign waters, nor in response to a situation covered by a presidential disaster declaration; and (2) applies to contracts entered into by DHS or any of its component agencies on or after October 1, 2018.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5574 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 5574
To prohibit the use of funds appropriated or otherwise available to
Department of Homeland Security frontline operational components for
the procurement of certain items that do not meet specified criteria,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2018
Mr. Taylor (for himself, Mr. Correa, Mr. Gaetz, Ms. Tenney, Mr. Mast,
Mr. Bergman, Ms. Shea-Porter, and Mr. Moolenaar) introduced the
following bill; which was referred to the Committee on Homeland
Security
_______________________________________________________________________
A BILL
To prohibit the use of funds appropriated or otherwise available to
Department of Homeland Security frontline operational components for
the procurement of certain items that do not meet specified criteria,
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; EXCEPTIONS.
(a) Requirement.--In order to ensure that certain components of the
Department of Homeland Security procure certain critical equipment of
the quality and innovation necessary to carry out effectively their
security, enforcement, and investigative missions, except as provided
in subsections (d) through (g), the Secretary of Homeland Security
shall ensure that funds appropriated or otherwise available to the
Department of Homeland Security frontline operational components
described in subsection (b) are used for the procurement of an item
described in subsection (c) only if the item meets the following
criteria:
(1) In the case of any unit or agency insignia included
with the item, including any patch, badge, emblem, or other
insignia, that is not produced, applied, or assembled in the
United States, the supplier of the item must agree to--
(A) store the item in a locked area;
(B) report any pilferage or theft of the insignia
occurring at any stage before delivery of the item to
the Government; and
(C) destroy any defective or unusable item with
which the insignia is included in a manner established
by the Secretary, and maintain records of such
destruction that include the destruction date, a
description of the item destroyed, the quantity of the
item destroyed, and the method of destruction.
(2) In the case of a uniform produced or assembled outside
the United States, the uniform includes passive radio frequency
identification (RFID), or any other such technologies that may
be used for tracking and control of the uniform.
(3) Each contractor and first-tier subcontractor for the
item, including the end-item manufacturer--
(A) is an entity registered with the System for
Award Management administered by the General Services
Administration; and
(B) is in compliance with ISO 9001:2015 of the
International Organization for Standardization.
(b) Covered Components.--A frontline operational component referred
to in subsection (a) is any of the following:
(1) U.S. Customs and Border Protection.
(2) U.S. Immigration and Customs Enforcement.
(3) The Transportation Security Administration.
(4) The Coast Guard.
(5) The Secret Service.
(c) Covered Items.--An item referred to in subsection (a) is any of
the following:
(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 the
uniform.
(D) External armor carriers worn over the uniform.
(2) Helmets that provide ballistic protection and other
head protection and components.
(3) Protective eyewear.
(4) Rain gear, cold weather gear, other environmental 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 nuclear
protective gear.
(12) Hearing protection equipment.
(13) Any other critical safety item as determined
appropriate by the Secretary of Homeland Security.
(d) Maximum Uniform Allowance for Certain Personnel.--
(1) In general.--Except as provided in paragraph (2)--
(A) the maximum uniform allowance set forth in
section 591.103 of title 5, Code of Federal
Regulations, shall not apply to an agent of any
frontline operational components described in
subsection (b); and
(B) notwithstanding section of 504 of the
Department of Homeland Security Appropriations Act,
2004 (6 U.S.C. 453a), the maximum uniform allowance for
an agent of such a component shall be $1,200.
(2) First year of employment.--For the first year of
employment of an individual as an agent of any frontline
operational component described in subsection (b), the
Secretary may establish a maximum uniform allowance that is not
more than $800 greater than the amount set forth in paragraph
(1)(B).
(e) Availability Exception.--Subsection (a) does not apply to the
extent that the Secretary of Homeland Security determines that
satisfactory quality and sufficient quantity of any item described in
subsection (c) cannot be procured as and when needed at United States
market prices.
(f) Exception for Certain Procurements.--Subsection (a) does not
apply to the following:
(1) Any procurements by a vessel in foreign waters.
(2) Any procurement in response to a situation covered by a
presidential disaster declaration.
(g) Geographic Coverage.--In this section, the term ``United
States'' includes the territories and possessions of the United States.
(h) Notification Required Within 7 Days After Contract Award if
Certain Exceptions Applied.--Not later than 7 days after the date of
the award of contract for the procurement of an item described in
subsection (c) for which an exception set forth in subsection (e) or
(f) is applied, the Secretary of Homeland Security shall publish
notification of such application the internet site maintained by the
General Services Administration known as FedBizOps.gov (or any
successor site).
(i) Training During Fiscal Year 2019.--
(1) In general.--The Secretary of Homeland Security shall
ensure that each member of the acquisition workforce of the
Department of Homeland Security who participates personally and
substantially in the acquisition of items described in
subsection (c) on a regular basis receives training in fiscal
year 2019 on the requirements of this section and the
regulations implementing this section.
(2) Inclusion of information in new training programs.--The
Secretary shall ensure that any training program for such
acquisition workforce developed or implemented after the date
of the enactment of this Act includes comprehensive information
on the requirements of this section.
(j) Consistency With International Agreements.--This section shall
be applied in a manner consistent with United States obligations under
international agreements.
(k) Effective Date.--This section applies with respect to contracts
entered into by the Department of Homeland Security or any of its
component agencies on or after October 1, 2018.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Homeland Security.
Referred to the Subcommittee on Oversight and Management Efficiency.
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