S.Amdt. 2091

SA 2091. Mrs. SHAHEEN submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title III, add the following:

SEC. 324. MODIFICATION OF RESTRICTION ON DEPARTMENT OF
DEFENSE PROCUREMENT OF CERTAIN ITEMS CONTAINING
PERFLUOROOCTANE SULFONATE OR PERFLUOROOCTANOIC
ACID.

(a) In General.--Section 333 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 3062 note) is amended to
read as follows:

``SEC. 333. RESTRICTION ON DEPARTMENT OF DEFENSE PROCUREMENT
OF CERTAIN ITEMS CONTAINING PERFLUOROALKYL AND
POLYFLUOROALKYL SUBSTANCES.

``(a) Restriction on Procurement of Certain Items.--The
Department of Defense may not procure any covered item that
contains or is produced using any of the following:
``(1) Perfluorooctane sulfonate (PFOS).
``(2) Perfluorooctanoic acid (PFOA).
``(3) Perfluorobutanesulfonic acid (PFBS).
``(4) Perfluorohexanesulfonic acid (PFHxS).
``(5) Perfluorononanoic acid (PFNA).
``(6) GenX.
``(b) Inclusion in Contracts.--The Secretary of Defense
shall include the prohibition under subsection (a) in any
contract entered into by the Department of Defense to procure
a covered item.
``(c) No Obligation to Test.--In carrying out the
prohibition under subsection (a), the Secretary of Defense
shall not have an obligation to test a covered item to
confirm the absence of perfluoroalkyl substances or
polyfluoroalkyl substances.
``(d) Existing Inventory.--Nothing in this section shall be
construed to impact existing inventories of covered items
procured by the Secretary of Defense before the effective
date of this section.
``(e) Covered Item Defined.--In this section, the term
`covered item' means--
``(1) non-stick cookware or food service ware for use in
galleys or dining facilities;
``(2) food packaging materials;
``(3) cleaning products;
``(4) carpeting; and
``(5) rugs and upholstered furniture.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on April 1, 2026.
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