[Congressional Record Volume 170, Number 119 (Tuesday, July 23, 2024)]
[Senate]
[Pages S5305-S5306]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3026. Mr. MULLIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 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 end of subtitle E of title VIII, add the following:

     SEC. 891. MEDICAL FACILITIES JANITORIAL SERVICES 
                   CLASSIFICATION AND CAP ENHANCEMENT.

       (a) Short Title.--This section may be cited as the 
     ``Medical Facilities Janitorial Services Classification and 
     Cap Enhancement Act''.
       (b) Findings.--Congress makes the following findings:
       (1) The COVID-19 pandemic has brought unprecedented 
     challenges to healthcare facilities, necessitating enhanced 
     cleaning and sanitation protocols to ensure the safety of 
     patients, healthcare workers, and the general public.
       (2) Medical facilities, including hospitals, have been 
     required to implement stringent

[[Page S5306]]

     cleaning measures, such as frequent disinfection of high-
     touch surfaces, regular deep cleaning of patient rooms, and 
     the use of specialized equipment and chemicals to prevent the 
     spread of infectious diseases.
       (3) These heightened cleaning requirements have led to a 
     significant increase in the demand for janitorial services in 
     medical facilities, a sector referred to as ``Medical 
     Facilities Janitorial''.
       (4) The increased demand for janitorial services in medical 
     facilities has resulted in substantial cost escalations. 
     Janitorial service providers have had to invest in additional 
     staff, specialized training, and equipment to meet the 
     rigorous cleaning standards, leading to rising operational 
     expenses.
       (5) The cost disparity between providing janitorial 
     services to medical facilities and ``General Janitorial'' 
     services for other commercial spaces has continued to grow 
     during the pandemic.
       (6) The cost difference can be attributed to the distinct 
     and heightened cleaning requirements in medical facilities, 
     including the need for specialized cleaning equipment, highly 
     trained personnel, and the use of specific disinfectants and 
     sanitization methods.
       (7) Office environments, by contrast, have experienced a 
     decrease in demand due to remote work, resulting in reduced 
     janitorial costs.
       (8) Currently, both ``Medical Facilities Janitorial'' 
     services and ``General Janitorial'' services fall under the 
     same North American Industry Classification System (NAICS) 
     code, failing to accurately differentiate between the 
     distinct cleaning requirements and cost structures of these 
     two sectors.
       (9) The current NAICS code classification system does not 
     adequately reflect the increased cost burden faced by 
     janitorial service providers operating within healthcare 
     facilities.
       (10) Addressing the issue of NAICS code classification is 
     crucial to ensuring that the unique challenges and financial 
     burdens faced by janitorial service providers in medical 
     facilities are accurately accounted for and properly 
     addressed.
       (b) Purpose.--To address the continued disparity in cost, 
     it is the intent of Congress break out a code for janitorial 
     services of medical facilities from all other janitorial 
     services included in the current NAICS code.
       (c) Definitions.--In this section
       (1) NAICS.--The term ``NAICS'' means the North American 
     Industry Classification System, a standard for classifying 
     business establishments by their primary economic activity.
       (2) Medical facilities janitorial services.--The term 
     ``medical facilities janitorial services'' means the cleaning 
     and maintenance services provided specifically within medical 
     facilities, including hospitals, clinics, laboratories, and 
     other healthcare facilities.
       (d) Separate NAICS Code for ``Medical Facilities 
     Janitorial'' Services.--The Office of Management and Budget 
     shall create a separate NAICS code from the 561720 code 
     specifically for ``Medical Facilities Janitorial'' services 
     within the NAICS. The new NAICS code shall accurately capture 
     the unique nature and requirements of cleaning and 
     maintenance services within medical facilities.
       (e) Higher Cap for ``Medical Facilities Janitorial'' 
     Services.--The Small Business Administration shall establish 
     a higher cap for the ``Medical Facilities Janitorial'' NAICS 
     code, in recognition of the increased costs, regulatory 
     compliance requirements, sanitation standards, and 
     specialized equipment and training associated with medical 
     facilities janitorial services. The cap for the ``Medical 
     Facilities Janitorial'' NAICS code shall be set at twice the 
     amount currently assigned to NAICS code 5720, the general 
     janitorial services NAICS code.
       (f) Use of ``Medical Facilities Janitorial'' NAICS Code in 
     Contract Awards.--
       (1) In general.--Contracting officers at Federal agencies 
     shall be required to use the ``Medical Facilities 
     Janitorial'' NAICS code established under section (d) when 
     awarding contracts for medical facilities janitorial 
     services.
       (2) Determinations not to use naics code.--
       (A) Written explanation required.--Contracting officers who 
     determine that the use of the ``Medical Facilities 
     Janitorial'' NAICS code is not appropriate for such a 
     contract shall provide a written explanation justifying the 
     use of an alternative NAICS code.
       (B) Review of determinations.--A determination and written 
     explanation described in subparagraph (A) shall be subject to 
     review and signoff by the head of the contracting agency or a 
     designated senior official within the agency. The head of the 
     contracting agency or designated senior official shall review 
     the written explanation and assess whether the use of an 
     alternative NAICS code is justified based on the specific 
     circumstances of the contract.
       (C) Consistency.--The review process required under this 
     paragraph shall ensure proper justification and oversight to 
     maintain consistency and accuracy in the classification and 
     awarding of contracts for medical facilities janitorial 
     services.
       (g) Effective Date.--This section shall take effect on the 
     date of the enactment of this Act and apply to contracts 
     awarded on or after such date.
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