[Congressional Record Volume 167, Number 88 (Thursday, May 20, 2021)]
[Senate]
[Pages S3214-S3215]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1744. Mrs. SHAHEEN (for herself, Mr. Moran, Mr. Rounds, and Ms.
Hassan) submitted an amendment intended to be proposed to amendment SA
1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new
Directorate for Technology and Innovation in the National Science
Foundation, to establish a regional technology hub program, to require
a strategy and report on economic security, science, research,
innovation, manufacturing, and job creation, to establish a critical
supply chain resiliency program, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO
NATIONAL SECURITY INTERESTS ACCORDING 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:
``SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO
NATIONAL SECURITY INTERESTS.
``(a) Definitions.--In this section:
``(1) Covered item.--The term `covered item' means any of
the following:
``(A) Body armor components intended to provide ballistic
protection for an individual, consisting of 1 or more of the
following:
``(i) Soft ballistic panels.
``(ii) Hard ballistic plates.
``(iii) Concealed armor carriers worn under a uniform.
``(iv) External armor carriers worn over a uniform.
``(B) Helmets that provide ballistic protection and other
head protection and components.
``(C) Protective eyewear.
``(D) Rain gear, cold weather gear, other environmental and
flame-resistant clothing.
``(E) Footwear provided as part of a uniform.
``(F) Uniforms.
``(G) Bags and packs.
``(H) Holsters and tactical pouches.
``(I) Patches, insignia, and embellishments.
``(J) Respiratory protective masks.
``(K) Chemical, biological, radiological, and nuclear
protective gear.
``(L) Hearing protection equipment.
``(M) Powered air purifying respirators and required
filters.
``(N) Disposable and reusable surgical and isolation gowns.
``(O) Gloves.
``(P) Face shields.
``(Q) Head and foot coverings.
``(R) Sanitizing and disinfecting wipes.
``(S) Privacy curtains.
``(T) Beds and bedding.
``(U) Testing swabs.
``(V) Gauze and bandages.
``(W) Tents and tarpaulins.
``(X) Any other critical safety item as determined
appropriate by the Secretary.
``(2) Frontline operational component.-- The term
`frontline operational component' means any of the following
components of the Department:
``(A) U.S. Customs and Border Protection.
``(B) U.S. Immigration and Customs Enforcement.
``(C) The United States Secret Service.
``(D) The Transportation Security Administration.
[[Page S3215]]
``(E) The Coast Guard.
``(F) The Federal Protective Service.
``(G) The Federal Emergency Management Agency.
``(H) The Federal Law Enforcement Training Centers.
``(b) Requirements.--
``(1) In general.--The Secretary shall ensure that any
procurement of a covered item for a frontline operational
component meets the following criteria:
``(A) 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 or supplied 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).
``(B) Each contractor with respect to the procurement of
such a covered item, including the end-item manufacturer of
such a covered item--
``(i) is an entity registered with the System for Award
Management (or successor system) administered by the General
Services Administration; and
``(ii) is in compliance with ISO 9001:2015 of the
International Organization for Standardization (or successor
standard) or a standard determined appropriated by the
Secretary to ensure the quality of products and adherence to
applicable statutory and regulatory requirements.
``(C) 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--
``(i) store such covered item with such insignia or such
insignia in a locked area;
``(ii) report any pilferage or theft of such covered item
with such insignia or such insignia occurring at any stage
before delivery of such covered item with such insignia or
such insignia; and
``(iii) destroy any such defective or unusable covered 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 insignia destroyed, and the
method of destruction.
``(2) Waiver.--
``(A) In general.--In the case of a national emergency
declared by the President under the National Emergencies Act
(50 U.S.C. 1601 et seq.), the Secretary may waive a
requirement in subparagraph (A), (B) or (C) of paragraph (1)
if the Secretary determines there is an insufficient supply
of a covered item that meets the requirement.
``(B) Notice.--Not later than 60 days after the date on
which the Secretary determines a waiver under subparagraph
(A) is necessary, the Secretary shall provide to the
Committee on Homeland Security and Governmental Affairs and
the Committee on Appropriations of the Senate and the
Committee on Homeland Security, the Committee on Oversight
and Reform, and the Committee on Appropriations of the House
of Representatives notice of such determination, which shall
include--
``(i) identification of the national emergency declared by
the President;
``(ii) identification of the covered item for which the
Secretary intends to issue the waiver; and
``(iii) a description of the demand for the covered item
and corresponding lack of supply from contractors able to
meet the criteria described in subparagraph (B) or (C) of
paragraph (1).
``(c) Pricing.--The Secretary shall ensure that covered
items are purchased at a fair and reasonable price,
consistent with the procedures and guidelines specified in
the Federal Acquisition Regulation.
``(d) Report.--Not later than 1 year after the date of
enactment of this section and annually thereafter, the
Secretary shall provide to the Committee on Homeland
Security, the Committee on Oversight and Reform, and the
Committee on Appropriations of the House of Representatives,
and the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate a
report on instances in which vendors have failed to meet
deadlines for delivery of covered items and corrective
actions taken by the Department in response to such
instances.
``(e) Effective Date.--This section applies with respect to
a contract entered into by the Department or any frontline
operational component on or after the date that is 180 days
after the date of enactment of this section.''.
(b) Study.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a study of
the adequacy of allowances provided to employees of frontline
operational components (as defined in section 836 of the
Homeland Security Act of 2002, as added by subsection (a)).
(2) Requirements.--The study conducted under paragraph (1)
shall--
(A) be informed by a Department-wide survey of employees
from across the Department who receive uniform allowances
that seeks to ascertain what, if any, improvements could be
made to the current uniform allowances and what, if any,
impacts current allowances have had on employee morale and
retention; and
(B) consider increasing by 25 percent, at minimum, the
uniform allowance for first year employees and by 50 percent,
at minimum, the annual allowance for all other employees.
(c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by inserting after the item
relating to section 835 the following:
``Sec. 836. Requirements to buy certain items related to national
security interests.''.
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