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Code · STATUTE-COMPILATIONS · James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 · Sec. 345

Sec. 345. RESTRICTION ON PROCUREMENT OR PURCHASING BY DEPARTMENT OF DEFENSE OF TURNOUT GEAR FOR FIREFIGHTERS CONTAINING PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL SUBSTANCES

460 words·~2 min read·/statute-compilations/comps-17475/sec-345

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## SEC. 345 RESTRICTION ON PROCUREMENT OR PURCHASING BY DEPARTMENT OF DEFENSE OF TURNOUT GEAR FOR FIREFIGHTERS CONTAINING PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL SUBSTANCES ###
(a)Prohibition on Procurement and Purchasing Subject to subsection (d), beginning on October 1, 2026, the Secretary of Defense may not enter into a contract to procure or purchase covered personal protective firefighting equipment for use by Federal or civilian firefighters unless such equipment meets the specifications set forth in the most recently published edition of the National Fire Protection Associate 1970 standard, including by not containing any substance on the restricted substances list in excess of the maximum acceptable levels of such substance. ###
(b)Implementation ####
(1)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 covered personal protective firefighting equipment for use by Federal or civilian firefighters. ####
(2)No obligation to test In carrying out the prohibition under subsection (a), the Secretary shall not have an obligation to test covered personal protective firefighting equipment to confirm the absence of perfluoroalkyl substances or polyfluoroalkyl substances. ###
(c)Existing Inventory Nothing in this section shall impact existing inventories of covered personal protective firefighting equipment. ###
(d)Availability of Alternatives ####
(1)In general The requirement under subsection
(a)shall be subject to the availability of sufficiently protective covered personal protective firefighting equipment that meets the specifications set forth in the most recently published edition of the National Fire Protection Associate 1970 standard, including by not containing any substance on the restricted substances list in excess of the maximum acceptable levels of such substance. ####
(2)Extension of effective date If the Secretary of Defense determines that no sufficiently protective covered personal protective firefighting equipment that meets the specifications set forth in the most recently published edition of the National Fire Protection Associate 1970 standard, including by not containing any substance on the restricted substances list in excess of the maximum acceptable levels of such substance, is available, the deadline under subsection
(a)shall be extended until the Secretary determines that such covered personal protective firefighting equipment is available. ###
(e)Definitions In this section: ####
(1)The term “covered personal protective firefighting equipment” means— #####
(A)any product that provides protection to the upper and lower torso, arms, legs, head, hands, and feet; or #####
(B)any other personal protective firefighting equipment, as determined by the Secretary of Defense. ####
(2)The term “perfluoroalkyl substance” means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. ####
(3)The term “polyfluoroalkyl substance” means a man-made chemical containing at least one fully fluorinated carbon atom and at least one non-fully fluorinated carbon atom.
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