[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
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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\
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\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).
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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\
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\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.).
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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\
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\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).
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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.
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\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.
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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\
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\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).
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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.