118th CONGRESS 1st Session |
To amend the National Defense Authorization Act for Fiscal Year 2021, to modify the prohibition on the acquisition by the Department of Defense of certain items containing a perfluoroalkyl substance or polyfluoroalkyl substance.
August 22, 2023
Ms. Slotkin (for herself and Mr. Posey) introduced the following bill; which was referred to the Committee on Armed Services
To amend the National Defense Authorization Act for Fiscal Year 2021, to modify the prohibition on the acquisition by the Department of Defense of certain items containing a perfluoroalkyl substance or polyfluoroalkyl substance.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “PFAS Free Military Purchasing Act”.
SEC. 2. Restriction on Department of Defense acquisition of covered items containing or produced using certain substances.
(a) Modification.—Section 333 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 3062 note; 134 Stat. 3531) is amended to read as follows:
“SEC. 333. Restriction on Department of Defense acquisition of covered items containing or produced using certain substances.
“(a) Prohibition beginning April 1, 2023.—
“(1) PROHIBITION.—During the period beginning on April 1, 2023, and ending on April 1, 2025, the Secretary of Defense may not acquire any covered item that contains perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA).
“(2) COVERED ITEM DEFINED.—In this subsection, the term ‘covered item’ means—
“(A) nonstick cookware or cooking utensils for use in galleys or dining facilities; and
“(B) upholstered furniture, carpets, and rugs that have been treated with stain-resistant coatings.
“(b) Prohibition beginning April 1, 2025.—
“(1) PROHIBITION.—Beginning on April 1, 2025, the Secretary of Defense may not acquire any covered item that contains or is produced using any of the following:
“(A) Perfluorooctane sulfonate (PFOS).
“(B) Perfluorooctanoic acid (PFOA).
“(C) Perfluorobutane sulfonate (PFBS).
“(D) Perfluorobutanoic acid (PFBA).
“(E) Perfluorohexanoic acid (PFHxA).
“(F) Perfluoroheptanoic acid (PFHpA).
“(G) Perfluorohexanesulfonic acid (PFHxS).
“(H) Perfluoroheptane sulfonic acid (PFHpS).
“(I) Perfluorononanoic acid (PFNA).
“(J) Perfluorodecanoic Acid (PFDA).
“(K) Perfluoroundecanoic acid (PFUnA).
“(L) Perfluorododecanoic acid (PFDoDA).
“(M) Perfluorooctanesulfonamide (PFOSA or FOSA).
“(N) Hexafluoropropylene Oxide (HFPO) Dimer Acid (GenX).
“(2) IMPLEMENTATION.—In carrying out this subsection, the Secretary shall include the prohibition under paragraph (1) as a term in any contract or other agreement entered into on or after April 1, 2025, by the Secretary for the acquisition of a covered item.
“(3) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed as—
“(A) requiring the disposal of, or otherwise affecting, covered items acquired by the Secretary of Defense prior to April 1, 2025; or
“(B) imposing an obligation on the Secretary to test covered items to confirm the absence of perfluoroalkyl substances or polyfluoroalkyl substances.
“(4) DEFINITIONS.—In this subsection:
“(A) The term ‘covered item’ means—
“(i) non-stick cookware or food service ware for use in galleys or dining facilities;
“(ii) food packaging materials;
“(iii) cleaning products, including floor waxes;
“(iv) carpeting;
“(v) rugs, curtains, or upholstered furniture;
“(vi) sunscreen;
“(vii) shoes and clothing for which treatment with a perfluoroalkyl substance or polyfluoroalkyl substance is not necessary for an essential function; and
“(viii) such other items as may be determined by the Secretary.
“(B) The term ‘perfluoroalkyl substance’ means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms.
“(C) The term ‘polyfluoroalkyl substance’ means a man-made chemical containing at least one fully fluorinated carbon atom and at least one nonfluorinated carbon atom.”.
(1) REPORTS.—Not later than 270 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing a detailed description of the following:
(A) Steps taken to identify covered items acquired by the Secretary of Defense that contain or are produced using perfluoroalkyl substances or polyfluoroalkyl substances.
(B) Steps taken to limit the acquisition by the Secretary of covered items that contain or are produced using perfluoroalkyl substances or polyfluoroalkyl substances.
(C) Planned steps of the Secretary to limit the acquisition of covered items that contain or are produced using perfluoroalkyl substances or polyfluoroalkyl substances.
(2) DEFINITIONS.—In this subsection, the terms “covered item”, “perfluoroalkyl substance”, and “polyfluoroalkyl substance” have the meanings given those terms in section 333(b) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 3062 note; 134 Stat. 3531), as amended by subsection (a).