H.R.3110 - PFAS–Free Procurement Act of 2025 (119th Congress)
Summary
H.R.3110, the PFAS-Free Procurement Act of 2025, aims to prohibit federal agencies from procuring certain items containing perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA). It also prioritizes the procurement of products that do not contain PFAS (per- and polyfluoroalkyl substances). The bill defines key terms like "executive agency," "covered item" (nonstick cookware, utensils, furniture, carpets, and rugs with stain-resistant coatings), "PFAS," "PFOA," and "PFOS."
The Act mandates that executive agencies cannot renew or enter into contracts for covered items containing PFOS or PFOA. It directs agencies to prioritize procuring PFAS-free alternatives when available and practical.
The Act will take effect six months after enactment, applying to contracts entered into on or after that date.
Expected Effects
This bill will likely shift the purchasing practices of federal agencies towards products that do not contain PFAS, PFOS, or PFOA. This shift could stimulate demand for safer alternatives in the market.
Manufacturers may be incentivized to develop and offer PFAS-free products to secure government contracts. This could lead to a broader availability of such products for consumers.
It may also increase the cost of some procured items, at least initially, as agencies transition to PFAS-free options.
Potential Benefits
- Reduced exposure of government employees and the public to potentially harmful PFAS chemicals.
- Increased demand for and innovation in safer, PFAS-free products.
- Potential for improved environmental quality due to reduced PFAS contamination.
- Sets a precedent for broader regulation and phase-out of PFAS in other sectors.
- May encourage other governmental bodies to adopt similar procurement policies.
Potential Disadvantages
- Potential increase in procurement costs for federal agencies.
- Possible supply chain disruptions as manufacturers adjust to meet PFAS-free requirements.
- Limited scope, as the bill only covers specific items and does not address existing PFAS contamination.
- Difficulty in verifying PFAS content in all products, potentially leading to enforcement challenges.
- May disproportionately affect smaller businesses that lack the resources to quickly transition to PFAS-free manufacturing.
Most Disadvantaged Areas:
Constitutional Alignment
The bill appears to align with the general welfare clause of the Constitution (Preamble), as it aims to protect public health by reducing exposure to harmful chemicals. The enumerated powers granted to Congress in Article I, Section 8, which include the power to regulate commerce and provide for the general welfare, could be interpreted to support this type of procurement regulation.
There are no apparent conflicts with individual rights or freedoms guaranteed by the Bill of Rights. The bill does not infringe upon states' rights as it pertains to federal procurement practices.
It is within the power of Congress to set guidelines for how federal agencies spend taxpayer money.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).