I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘PFAS Free Military 

5 Purchasing Act’’. 


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1 SEC. 2. RESTRICTION ON DEPARTMENT OF DEFENSE AC2 QUISITION OF COVERED ITEMS CONTAINING 

3 OR PRODUCED USING CERTAIN SUBSTANCES. 

4 (a) MODIFICATION.—Section 333 of the National De5 fense Authorization Act for Fiscal Year 2021 (Public Law 

6 116–283; 10 U.S.C. 3062 note; 134 Stat. 3531) is amend7 ed to read as follows: 

8 ‘‘SEC. 333. RESTRICTION ON DEPARTMENT OF DEFENSE AC9 QUISITION OF COVERED ITEMS CONTAINING 

10 OR PRODUCED USING CERTAIN SUBSTANCES. 

11 ‘‘(a) PROHIBITION BEGINNING APRIL 1, 2023.— 

12 ‘‘(1) PROHIBITION.—During the period begin13 ning on April 1, 2023, and ending on April 1, 2025, 

14 the Secretary of Defense may not acquire any cov15 ered item that contains perfluorooctane sulfonate 

16 (PFOS) or perfluorooctanoic acid (PFOA). 

17 ‘‘(2) COVERED ITEM DEFINED.—In this sub18 section, the term ‘covered item’ means— 

19 ‘‘(A) nonstick cookware or cooking utensils 

20 for use in galleys or dining facilities; and 

21 ‘‘(B) upholstered furniture, carpets, and 

22 rugs that have been treated with stain-resistant 

23 coatings. 

24 ‘‘(b) PROHIBITION BEGINNING APRIL 1, 2025.— 

25 ‘‘(1) PROHIBITION.—Beginning on April 1, 

26 2025, the Secretary of Defense may not acquire any 


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1 covered item that contains or is produced using any 

2 of the following: 

3 ‘‘(A) Perfluorooctane sulfonate (PFOS). 

4 ‘‘(B) Perfluorooctanoic acid (PFOA). 

5 ‘‘(C) Perfluorobutane sulfonate (PFBS). 

6 ‘‘(D) Perfluorobutanoic acid (PFBA). 

7 ‘‘(E) Perfluorohexanoic acid (PFHxA). 

8 ‘‘(F) Perfluoroheptanoic acid (PFHpA). 

9 ‘‘(G) Perfluorohexanesulfonic acid 

10 (PFHxS). 

11 ‘‘(H) Perfluoroheptane sulfonic acid 

12 (PFHpS). 

13 ‘‘(I) Perfluorononanoic acid (PFNA). 

14 ‘‘(J) Perfluorodecanoic Acid (PFDA). 

15 ‘‘(K) Perfluoroundecanoic acid (PFUnA). 

16 ‘‘(L) Perfluorododecanoic acid (PFDoDA). 

17 ‘‘(M) Perfluorooctanesulfonamide (PFOSA 

18 or FOSA). 

19 ‘‘(N) Hexafluoropropylene Oxide (HFPO) 

20 Dimer Acid (GenX). 

21 ‘‘(2) IMPLEMENTATION.—In carrying out this 

22 subsection, the Secretary shall include the prohibi23 tion under paragraph (1) as a term in any contract 

24 or other agreement entered into on or after April 1, 


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1 2025, by the Secretary for the acquisition of a cov2 ered item. 

3 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

4 this subsection shall be construed as— 

5 ‘‘(A) requiring the disposal of, or otherwise 

6 affecting, covered items acquired by the Sec7 retary of Defense prior to April 1, 2025; or 

8 ‘‘(B) imposing an obligation on the Sec9 retary to test covered items to confirm the ab10 sence of perfluoroalkyl substances or 

11 polyfluoroalkyl substances. 

12 ‘‘(4) DEFINITIONS.—In this subsection: 

13 ‘‘(A) The term ‘covered item’ means— 

14 ‘‘(i) non-stick cookware or food service 

15 ware for use in galleys or dining facilities; 

16 ‘‘(ii) food packaging materials; 

17 ‘‘(iii) cleaning products, including 

18 floor waxes; 

19 ‘‘(iv) carpeting; 

20 ‘‘(v) rugs, curtains, or upholstered 

21 furniture; 

22 ‘‘(vi) sunscreen; 

23 ‘‘(vii) shoes and clothing for which 

24 treatment with a perfluoroalkyl substance 


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1 or polyfluoroalkyl substance is not nec2 essary for an essential function; and 

3 ‘‘(viii) such other items as may be de4 termined by the Secretary. 

5 ‘‘(B) The term ‘perfluoroalkyl substance’ 

6 means a man-made chemical of which all of the 

7 carbon atoms are fully fluorinated carbon 

8 atoms. 

9 ‘‘(C) The term ‘polyfluoroalkyl substance’ 

10 means a man-made chemical containing at least 

11 one fully fluorinated carbon atom and at least 

12 one nonfluorinated carbon atom.’’. 

13 (b) ANNUAL REPORTS.— 

14 (1) REPORTS.—Not later than 270 days after 

15 the date of the enactment of this Act, and annually 

16 thereafter, the Secretary of Defense shall submit to 

17 the Committees on Armed Services of the House of 

18 Representatives and the Senate a report containing 

19 a detailed description of the following: 

20 (A) Steps taken to identify covered items 

21 acquired by the Secretary of Defense that con22 tain or are produced using perfluoroalkyl sub23 stances or polyfluoroalkyl substances. 

24 (B) Steps taken to limit the acquisition by 

25 the Secretary of covered items that contain or 


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1 are produced using perfluoroalkyl substances or 

2 polyfluoroalkyl substances. 

3 (C) Planned steps of the Secretary to limit 

4 the acquisition of covered items that contain or 

5 are produced using perfluoroalkyl substances or 

6 polyfluoroalkyl substances. 

7 (2) DEFINITIONS.—In this subsection, the 

8 terms ‘‘covered item’’, ‘‘perfluoroalkyl substance’’, 

9 and ‘‘polyfluoroalkyl substance’’ have the meanings 

10 given those terms in section 333(b) of the National 

11 Defense Authorization Act for Fiscal Year 2021 

12 (Public Law 116–283; 10 U.S.C. 3062 note; 134 

13 Stat. 3531), as amended by subsection (a). 

Æ 


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