[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5574 Introduced in House (IH)]

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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.
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