[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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