[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5329-S5330]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5853. Mrs. SHAHEEN (for herself and Mr. Moran) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, 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) Footwear provided as part of a uniform.
       ``(B) Uniforms.
       ``(C) Holsters and tactical pouches.
       ``(D) Patches, insignia, and embellishments.
       ``(E) Chemical, biological, radiological, and nuclear 
     protective gear.
       ``(F) 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.
       ``(G) Any other item as determined appropriate by the 
     Secretary.
       ``(2) Frontline operational component.--The term `frontline 
     operational component' means any of the following 
     organizations 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.
       ``(E) The Coast Guard.
       ``(F) The Federal Protective Service.
       ``(G) The Federal Emergency Management Agency.
       ``(H) The Federal Law Enforcement Training Centers.
       ``(I) The Cybersecurity and Infrastructure Security Agency.
       ``(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 defined in 
     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--
       ``(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 appropriate 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.) or a major disaster declared by the 
     President under section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170), 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 or major 
     disaster 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 
     briefing 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 uniform 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 of Homeland Security who receive 
     uniform allowances that seeks to ascertain what, if any, 
     improvements could be made to the current uniform allowances 
     and what, if

[[Page S5330]]

     any, impacts current allowances have had on employee morale 
     and retention;
       (B) assess the adequacy of the most recent increase made to 
     the uniform allowance for first year employees; and
       (C) consider increasing by 50 percent, at minimum, the 
     annual allowance for all other employees.
       (c) Additional Report.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall provide a report with recommendations on how the 
     Department of Homeland Security could procure additional 
     items from domestic sources and bolster the domestic supply 
     chain for items related to national security to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Appropriations of the Senate; 
     and
       (B) the Committee on Homeland Security, the Committee on 
     Oversight and Reform, and the Committee on Appropriations of 
     the House of Representatives.
       (2) Contents.--The report required under paragraph (1) 
     shall include--
       (A) a review of the compliance of the Department of 
     Homeland Security with the requirements under section 604 of 
     title VI of division A of the American Recovery and 
     Reinvestment Act of 2009 (6 U.S.C. 453b) to buy certain items 
     related to national security interests from sources in the 
     United States; and
       (B) an assessment of the capacity of the Department of 
     Homeland Security to procure the following items from 
     domestic sources:
       (i) Personal protective equipment and other items necessary 
     to respond to a pandemic such as that caused by COVID-19.
       (ii) Helmets that provide ballistic protection and other 
     head protection and components.
       (iii) Rain gear, cold weather gear, and other environmental 
     and flame resistant clothing.
       (d) 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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