[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5260 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5260
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 22, 2023
Ms. Slotkin (for herself and Mr. Posey) introduced the following bill;
which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
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,
SECTION 1. SHORT TITLE.
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.''.
(b) Annual Reports.--
(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).
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