[Congressional Record Volume 168, Number 162 (Tuesday, October 11, 2022)]
[Senate]
[Pages S6565-S6566]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6461. Mr. REED (for Mrs. Shaheen (for herself, Mr. Moran, and Ms.
Hassan)) submitted an amendment intended to be proposed to amendment SA
5499 proposed by Mr. Reed (for himself and Mr. Inhofe) to the bill H.R.
7900, to authorize appropriations for fiscal year 2023 for military
activities of the Department of Defense and 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. __. HOMELAND PROCUREMENT REFORM ACT.
(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 of clothing or protective equipment 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 Federal Protective Service.
``(F) The Federal Emergency Management Agency.
``(G) The Federal Law Enforcement Training Centers.
``(H) 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)(i) 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).
``(ii) Covered items may only be supplied pursuant to
subparagraph (A) to the extent that United States entities
that qualify as small business concerns--
``(I) are unable to manufacture covered items in the United
States; and
``(II) meet the criteria identified in subparagraph (B).
``(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 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
[[Page S6566]]
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 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 the following:
(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.
(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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