[Senate Report 118-118]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 256
_______________________________________________________________________

118th Congress }                                             { Report
                                 SENATE
 1st Session   }                                             { 118-118
_______________________________________________________________________

                                     

                   PFAS-FREE PROCUREMENT ACT OF 2023

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 2283

              TO PROHIBIT THE PROCUREMENT OF CERTAIN ITEMS
             CONTAINING PERFLUOROOCTANE SULFONATE (PFOS) OR
            PERFLUOROOCTANOIC ACID (PFOA) AND PRIORITIZE THE
              PROCUREMENT OF PRODUCTS NOT CONTAINING PFAS

            [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               November 30, 2023.--Ordered to be printed


                               __________

                U.S. GOVERNMENT PUBLISHING OFFICE

49-010                WASHINGTON : 2023






      COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS                 

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada                  MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
RICHARD BLUMENTHAL, Connecticut      JOSH HAWLEY, Missouri
LAPHONZA R. BUTLER, California       ROGER MARSHALL, Kansas

                   David M. Weinberg, Staff Director
            Lena C. Chang, Director of Governmental Affairs
              Chelsea A. Davis, Professional Staff Member
           William E. Henderson III, Minority Staff Director
              Christina N. Salazar, Minority Chief Counsel
                  Andrew J. Hopkins, Minority Counsel
                     Laura W. Kilbride, Chief Clerk






                                                       Calendar No. 256
118th Congress }                                             { Report
                                 SENATE
 1st Session   }                                             { 118-118

======================================================================



 
                   PFAS-FREE PROCUREMENT ACT OF 2023

                                _______
                                

               November 30, 2023.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 2283]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 2283) to prohibit 
the procurement of certain items containing perfluorooctane 
sulfonate (PFOS) or perfluorooctanoic acid (PFOA) and 
prioritize the procurement of products not containing PFAS, 
having considered the same, reports favorably thereon with an 
amendment, in the nature of a substitute, and recommends that 
the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
 IV. Section-by-Section Analysis of the Bill, as Reported.............4
  V. Evaluation of Regulatory Impact..................................4
 VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Bill, as Reported............5

                         I. PURPOSE AND SUMMARY

    S. 2283, the PFAS Free Procurement Act of 2023, would 
implement procurement restrictions on a set of covered products 
containing certain types of perfluoroalkyl or polyfluoroalkyl 
substances (PFAS) across the federal government, specifically 
perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid 
(PFOA). Prohibiting the procurement of covered items that 
contain PFOS or PFOA would establish consistency in federal 
procurement guidance by ensuring civilian agencies are held to 
the same standards as the Department of Defense (DoD). This 
bill would also direct agencies to prioritize the procurement--
where available and practicable--of covered items that do not 
PFAS. These measures would aid in protecting the public, 
including federal workers, veterans, and seniors, from exposure 
to harmful PFAS chemicals.

              II. BACKGROUND AND NEED FOR THE LEGISLATION

    PFAS are manufactured chemicals that can be found in 
industrial and consumer products. PFAS are often referred to as 
``forever chemicals'' because they do not break down in the 
environment or in living organisms.\1\ A growing list of over 
9,000 PFAS chemicals threaten the health of workers, consumers, 
and communities.\2\ PFAS are found in everyday household 
products, including stain-resistant fabrics, water-repellent 
clothing, and nonstick cookware.\3\ PFAS chemicals are also 
found in industrial production and waste, which can lead to 
pervasive contamination of soil and water.\4\
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    \1\Harvard T.H. Chan School of Public Health, Protecting Against 
`Forever Chemicals' (Mar. 16, 2023).
    \2\Center for Disease Control and Prevention, The National 
Institute for Occupational Safety and Health, Per- and polyfluoroalkyl 
substances (PFAS) (www.cdc.gov/niosh/topics/pfas/default.html) 
(accessed June 15, 2023).
    \3\Center for Disease Control and Prevention, Agency for Toxic 
Substances and Disease Registry, Per- and Polyfluoroalkyl Substances 
(PFAS) (www.atsdr.cdc.gov/pfas/activities/index.html) (accessed June 
15, 2023).
    \4\U.S. Environmental Protection Agency, Our Current Understanding 
of the Human Health and Environmental Risks of PFAS (www.epa.gov/pfas/
our-current-understanding-human-health- and-environmental-risks-pfas) 
(accessed June 15, 2023).

    In June 2022, the Environmental Protection Agency (EPA) 
updated its drinking water health advisories for the two most 
widely studied PFAS--PFOA and PFOS--after finding that negative 
health effects can occur with concentrations of PFOA or PFOS in 
water that are near zero and below EPA's ability to detect at 
this time.\5\
---------------------------------------------------------------------------
    \5\U.S. Environmental Protection Agency, EPA Announces New Drinking 
Water Health Advisories for PFAS Chemicals, $1 Billion in Bipartisan 
Infrastructure Law Funding to Strengthen Health Protections (June 15, 
2022).
---------------------------------------------------------------------------
    Research suggests that in the U.S. population, most people 
have been exposed to PFAS, specifically PFOA and PFOS, which 
has been monitored through blood samples and studies collected 
by the Centers for Disease Control and Prevention (CDC).\6\ CDC 
research has found that PFAS chemicals may be present in the 
blood of up to 97% of Americans, but full exposure is difficult 
to monitor due to the continued development of new types of 
PFAS chemicals used in products.\7\ According to the CDC, 
people can be exposed to PFAS through a variety of means, 
including by using or coming into contact with consumer 
products that contain PFAS.\8\
---------------------------------------------------------------------------
    \6\Center for Disease Control and Prevention, Agency for Toxic 
Substances and Disease Registry, Per- and Polyfluoroalkyl Substances 
(PFAS), PFAS in the U.S. Population (www.atsdr.cdc.gov/pfas/health-
effects/us-population.html) (accessed June 15, 2023).
    \7\National Institute of Environmental Health Sciences, 
Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) (https://
www.niehs.nih.gov/health/topics/agents/pfc/) (accessed June 15, 2023).
    \8\Centers for Disease Control and Prevention, National 
Biomonitoring Program, Per- and Polyfluorinated Substances (PFAS) 
Factsheet (May 2, 2022) (https://www.cdc.gov/biomonitoring/
PFAS_FactSheet.html#::text=PFAS%20Exposure%20in%20People,using%20produc
ts%20that %20contain%20PFAS.).
---------------------------------------------------------------------------
    Exposure to PFAS chemicals is associated with negative 
health impacts. Studies have suggested that humans exposed to 
PFAS may have an increased risk of kidney or testicular cancer, 
increased cholesterol levels, changes in liver enzymes, small 
decreases in infant birth weights, decreased vaccine response 
in children, and increased risk of high blood pressure or pre-
eclampsia in pregnant women.\9\ In a June 2022 study, the 
National Institute of Environmental Health Sciences found that 
``higher levels of PFAS mixtures were significantly associated 
with higher risk of all-cause mortality'' and that ``PFOS 
concentrations were positively correlated with all-cause, heart 
disease, and cancer mortality.''\10\
---------------------------------------------------------------------------
    \9\Center for Disease Control and Prevention, Agency for Toxic 
Substances and Disease Registry, Per- and Polyfluoroalkyl Substances 
(PFAS) and Your Health, What are the health effects of PFAS? 
(www.atsdr.cdc.gov/pfas/health-effects/index.html) (accessed June 15, 
2023).
    \10\Xue Wen et al., Exposure to Per- and Polyfluoroalkyl Substances 
and Mortality in U.S. Adults: A Population-Based Cohort Study, 
Environmental Health Perspectives (June 22, 2022).
---------------------------------------------------------------------------
    In response to mounting consensus on the immunotoxicity 
associated with exposure to PFOS and PFOA, American 
manufacturers ceased its domestic production in 2002 and 2015, 
respectively.\11\ However, PFOA and PFOS are still produced 
internationally, and can be imported to the United States 
through products such as leather, apparel, carpet, coatings, 
and textiles.\12\ To protect the health and safety of service 
members, the Fiscal Year 2021 National Defense Authorization 
Act closed this loophole, prohibiting DoD from procuring any 
covered item that includes PFOS or PFOA beginning on April 1, 
2023.\13\ Covered items include nonstick cookware or cooking 
utensils for use in kitchens or dining facilities, as well as 
upholstered furniture, carpets, and rugs that have been treated 
with stain-resistant coatings.
---------------------------------------------------------------------------
    \11\National Toxicology Program, U.S. Department of Health and 
Human Services, Immunotoxicity Associated with Exposure to 
Perfluorooctanoic Acid (PFOA) or Perfluorooctane Sulfonate (PFOS) (Mar. 
22, 2023) (https://ntp.niehs.nih.gov/whatwestudy/assessments/noncancer/
completed/pfoa).
    \12\Airforce Civil Engineer Center, Frequently Asked Questions 
About PFOS/PFOA (https://www.afcec.af.mil/What-We-Do/Environment/Per-
and-Polyfluoroalkl-Substances/Frequently-Asked-Questions/
#::text=PFOS%2FPFOA%20are%20no%20longer,%2C%20textiles%2C%
20rubber%20and%20plastics) (accessed July 31, 2023).
    \13\Public Law No: 116-283, Title III, Subtitle B, Sec. 333.
---------------------------------------------------------------------------
    The PFAS Free Procurement Act of 2023 is modeled directly 
on DoD's prohibition on the procurement of covered items that 
contain PFOA and PFOS, in order to mitigate harmful effects 
resulting from PFAS exposure.\14\ This bill aims to ensure 
consistent procurement guidance across government and to 
improve the safety of Americans who are exposed to government-
procured items, including federal employees, veterans, and 
seniors. The bill would also codify existing procurement 
guidance, directing agencies to prioritize the procurement--
where available and practicable--of covered items that do not 
contain perfluoroalkyl or polyfluoroalkyl substances 
(PFAS).\15\
---------------------------------------------------------------------------
    \14\U.S. Department of Defense, Department of Defense Announces 
Prohibition in DFARS on Certain PFOS and PFOA Procurement (Sept. 28, 
2022).
    \15\Executive Office of the President, Memorandum for the Heads of 
Executive Departments and Agencies (Dec. 8, 2021) (https://
www.whitehouse.gov/wp-content/uploads/2021/12/M-22-06.pdf).
---------------------------------------------------------------------------

                        III. LEGISLATIVE HISTORY

    Chairman Gary Peters (D-MI) introduced S. 2283, the PFAS 
Free Procurement Act of 2023, on July 12, 2023, with original 
cosponsors Senator Susan Collins (R-ME) and Senator Jerry Moran 
(R-KS). The bill was referred to the Committee on Homeland 
Security and Governmental Affairs. Senator Lisa Murkowski (R-
AK) joined as a cosponsor on July 18, 2023.
    The Committee considered S. 2283 at a business meeting on 
July 26, 2023. At the business meeting, Senator Peters offered 
a substitute amendment to the bill, as well as a modification 
to the substitute amendment, that made technical changes to the 
bill and specified covered items that would be prohibited from 
procurement by federal agencies. The Committee adopted the 
modification to the Peters substitute amendment and adopted the 
substitute amendment, as modified, by unanimous consent, with 
Senators Peters, Hassan, Sinema, Rosen, Padilla, Paul, 
Lankford, and Hawley present.
    The bill, as amended, was ordered reported favorably by 
roll call vote of 7 yeas to 1 nay, with Senators Peters, 
Hassan, Sinema, Rosen, Padilla, Ossoff, and Lankford voting in 
the affirmative, and Senator Paul voting in the negative. 
Senators Carper, Blumenthal, Johnson, Romney, Scott, Hawley, 
and Marshall voted yea by proxy, for the record only.

        IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED

Section 1. Short title

    This section establishes the short title of the bill as the 
``PFAS-Free Procurement Act of 2023.''

Section 2. Prohibition on procurement of certain items containing 
        perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid 
        (PFOA)

    This section prohibits the head of an executive agency from 
entering into a procurement contract for covered items 
containing PFOS or PFOA, beginning October 1, 2025.

Section 3. Priority procurement of products not containing PFAS

    This section requires the head of an executive agency to 
prioritize the procurement of covered items that do not contain 
PFOS or PFOA to the extent practicable and applicable.

Section 4. Definitions

    This definition defines the terms ``executive agency'' and 
``covered items'' in the context of this Act. Covered items 
include nonstick cookware and cooking utensils, furniture, 
carpets, and rugs.

                   V. EVALUATION OF REGULATORY IMPACT

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE



    S. 2283 would prohibit executive branch agencies, starting 
on October 1, 2025, from procuring cookware, utensils, carpets, 
furniture, and other items containing certain perfluorooctane 
sulfonate or perfluorooctanoic acid compounds. Those substances 
fall within a larger group of ``forever chemicals,'' per- and 
polyfluoroalkl substances (PFAS), which are widely used 
compounds that decompose slowly over time. The bill also would 
require agencies to prioritize the procurement of PFAS-free 
products where available and practicable.
    Executive Order 14057, related Presidential memorandums, 
and the Federal Sustainability Plan restrict the use of PFAS-
containing products. In addition, under current law, the 
Department of Defense is prohibited from procuring similar 
items that contain PFAS. Thus, CBO estimates that the costs of 
the bill would be less than $500,000 over the 2023-2028 period; 
any spending would be subject to the availability of 
appropriated funds.
    Enacting S. 2283 could affect direct spending by some 
agencies that are allowed to use fees, receipts from the sale 
of goods, and other collections to cover operating costs. CBO 
estimates that any net changes in direct spending by those 
agencies would be negligible both because use of PFAS-
containing products by federal agencies is already limited and 
because most of the affected agencies that are allowed to use 
fees can adjust amounts collected to reflect changes in 
operating costs.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was reviewed by Christina Hawley 
Anthony, Deputy Director of Budget Analysis.

                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

       VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation would make no change in existing law, 
within the meaning of clauses (a) and (b) of subparagraph 12 of 
rule XXVI of the Standing Rules of the Senate, because this 
legislation would not repeal or amend any provision of current 
law.