S.Amdt. 3786

SA 3786, submitted by Mr. Kaine, aims to add a new section to the law regarding how the Department of Defense buys disposable food service products.

The purpose of this amendment is to require the Secretary of Defense to only buy disposable food service products that meet these three rules:

• They must be American-made.
• They cannot have added perfluoroalkyl substances or polyfluoroalkyl substances.
• They must improve operational readiness.

The amendment defines American-made as products manufactured or produced in the United States by an entity headquartered and incorporated in the U.S., using substantially all U.S. materials. Disposable food service products are single-use items for serving or transporting food and beverages, but this does not include plastic food wrappers, plastic packaging, or operational rations like meals ready-to-eat.

There is a waiver process where the Secretary of Defense can bypass these rules if it is in the best interest of national security, provided they give a written justification to congressional defense committees. This waiver authority cannot be delegated to anyone below the Under Secretary of Defense for Acquisition and Sustainment.

Finally, the Secretary of Defense must update the Department of Defense Supplement to the Federal Acquisition Regulation within 90 days of the Act's enactment to put these rules into place.