S.Amdt. 3786

SA 3786. Mr. KAINE submitted an amendment intended to be proposed by
him to the bill S. 2296, to authorize appropriations for fiscal year
2026 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 VIII, add the following:

SEC. 849B. REQUIREMENT TO BUY DISPOSABLE FOOD SERVICE
PRODUCTS FROM AMERICAN SOURCES; EXCEPTIONS.

(a) In General.--Subchapter II of chapter 385 of title 10,
United States Code, is amended by adding at the end the
following new section:

``Sec. 4865. Requirement to buy disposable food service
products from American sources; exceptions

``(a) Requirement.--The Secretary of Defense may only
procure disposable food service products that--
``(1) are American-made;
``(2) contain no added perfluoroalkyl substances or
polyfluoroalkyl substances; and
``(3) improve operational readiness (as defined in section
4322 of this title).
``(b) Waiver.--(1) The Secretary of Defense may waive the
requirement under subsection (a) if the Secretary--
``(A) determines that the waiver is in the best interest of
the national security of the United States; and
``(B) submits to the congressional defense committees a
written justification for issuing such waiver.
``(2) The Secretary may not delegate the authority to issue
a waiver under this subsection to an official below the level
of the Under Secretary of Defense for Acquisition and
Sustainment.
``(c) Definitions.--In this section:
``(1) American-made.--The term `American-made' means, with
respect to a disposable food service product, that such
product is manufactured or produced in the United States--
``(A) by an entity that is incorporated and headquartered
in the United States; and
``(B) substantially all from articles, materials, or
supplies produced or manufactured in the United States.
``(2) Disposable food service products.--The term
`disposable food service products' means--
``(A) single-use products for serving or transporting
ready-to-consume food or beverages; and
``(B) excludes--
``(i) plastic food wrappers or other plastic packaging for
food; and
``(ii) operational rations, including meals ready-to-eat or
unitized group rations.
``(3) Perfluoroalkyl substance; polyfluoroalkyl
substance.--The terms `perfluoroalkyl substance' and
`polyfluoroalkyl substance' have the meanings given the terms
in section 2714 of this title.''.
(b) Revision of DFARS.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall revise the Department of Defense Supplement to the
Federal Acquisition Regulation to implement the requirements
of section 4865 of title 10, United States Code, as added by
this section.
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