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, as amended by section 864 of this Act, is further amended by adding at the end the following new section: 4866. 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) 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) 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) The terms perfluoroalkyl substance and polyfluoroalkyl substance have the meanings given, respectively, in section 2714 of this title.. (b) Modification of regulations 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 4866 of title 10, United States Code, as added by this section.

(a) In general Subchapter II of chapter 385 of title 10, United States Code, as amended by section 864 of this Act, is further amended by adding at the end the following new section: 4866. 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) 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) 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) The terms perfluoroalkyl substance and polyfluoroalkyl substance have the meanings given, respectively, in section 2714 of this title.. (b) Modification of regulations 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 4866 of title 10, United States Code, as added by this section.