§397 — Title 6 Domestic Security | U.S. Code

Summary

The Secretary must make sure that purchases of certain uniforms and protective gear for frontline agencies follow set rules. Covered items include footwear, uniforms, holsters and tactical pouches, patches and badges, chemical/biological/radiological/nuclear protective gear, body armor parts (soft panels, hard plates, concealed or external carriers), and other clothing or protective equipment the Secretary decides. Frontline agencies named include U.S. Customs and Border Protection, ICE, the Secret Service, TSA, the Federal Protective Service, FEMA, the Federal Law Enforcement Training Centers, and CISA. To the maximum extent possible, at least one-third of the money spent in a fiscal year on these items must buy items made or supplied in the United States by small businesses as defined under section 632 of title 15, but only when such small U.S. businesses can make the items and meet the contractor rules. Every contractor must be registered in the System for Award Management (SAM) and meet ISO 9001:2015 or another quality standard the Secretary approves. If an item with an insignia or the insignia itself is not produced or assembled in the U.S., suppliers must store it in a locked area, report any theft before delivery, destroy defective items as the Secretary directs, and keep destruction records for three years (date, description, quantity, and method). If the President declares a national emergency or a major disaster, the Secretary may waive the one-third, contractor, or insignia rules when supplies that meet those rules are not available. Within 60 days of using a waiver, the Secretary must notify the listed House and Senate oversight and appropriations committees and explain the emergency, the item, and why qualified suppliers are not available. The Secretary must buy items at fair and reasonable prices under the Federal Acquisition Regulation. Not later than one year after December 23, 2022, and each year after, the Secretary must brief specified House and Senate committees about vendors who missed delivery deadlines and what fixes were taken. The rules apply to contracts made on or after the date that is 180 days after December 23, 2022.

Title 6, §397

Domestic Security — Source: USLM XML via OLRC

(a)In this section:

(1)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)The term “frontline operational component” means any of the following entities 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)(1)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 632 of title 15.

(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)(A)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 5170 of title 42, 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 such requirement.

(B)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 the following:

(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.

(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)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)Not later than one year after December 23, 2022, and annually thereafter, the Secretary shall provide to the Committee on Homeland Security, the Committee on Oversight and Reform, the Committee on Small Business, and the Committee on Appropriations of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on Small Business and Entrepreneurship, 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)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 December 23, 2022.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Emergencies Act, referred to in subsec. (b)(2)(A), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see

Short Title

note set out under section 1601 of Title 50 and Tables.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

§397 Requirements to Buy Certain Items Related to National Security Interests