S.Amdt. 3026

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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