PFAS Free Military Purchasing Act

II 117TH CONGRESS 1ST SESSION S. 1796 To prohibit procurement, purchasing, and sale by the Department of Defense of certain items containing perfluoroalkyl substances and polyfluoroalkyl substances. IN THE SENATE OF THE UNITED STATES MAY 25, 2021 Mr. BLUMENTHAL (for himself and Mrs. SHAHEEN) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To prohibit procurement, purchasing, and sale by the De- partment of Defense of certain items containing perfluoroalkyl substances and polyfluoroalkyl substances. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘PFAS Free Military 4 Purchasing Act’’. 5 VerDate Sep 11 2014 04:55 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1796.IS S1796 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1796 IS SEC. 2. PROHIBITION ON PROCUREMENT, PURCHASING, 1 AND SALE BY DEPARTMENT OF DEFENSE OF 2 CERTAIN ITEMS CONTAINING 3 PERFLUOROALKYL SUBSTANCES AND 4 POLYFLUOROALKYL SUBSTANCES. 5 (a) PROHIBITION ON PROCUREMENT AND PUR- 6 CHASING.—The Secretary of Defense may not procure or 7 purchase any covered item containing a perfluoroalkyl 8 substance or polyfluoroalkyl substance. 9 (b) PROHIBITION ON SALE.—The Secretary of De- 10 fense may not permit the sale of any covered item con- 11 taining a perfluoroalkyl substance or polyfluoroalkyl sub- 12 stance on property under the jurisdiction of the Depart- 13 ment of Defense. 14 (c) DEFINITIONS.—In this section: 15 (1) COVERED ITEM.—The term ‘‘covered item’’ 16 means— 17 (A) non-stick cookware or food service 18 ware for use in galleys or dining facilities; 19 (B) food packaging materials; 20 (C) floor waxes; 21 (D) carpeting, rugs, curtains, or uphol- 22 stered furniture; 23 (E) personal care items; 24 (F) dental floss or toothpaste; 25 (G) sunscreen; 26 VerDate Sep 11 2014 04:55 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1796.IS S1796 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1796 IS (H) umbrellas, luggage, or bags; 1 (I) ski wax; 2 (J) car wax and car window treatments; 3 (K) cleaning products; and 4 (L) shoes and clothing for which treatment 5 with a perfluoroalkyl substance or 6 polyfluoroalkyl substance is not currently nec- 7 essary for an essential function. 8 (2) PERFLUOROALKYL SUBSTANCE.—The term 9 ‘‘perfluoroalkyl substance’’ means a man-made 10 chemical of which all of the carbon atoms are fully 11 fluorinated carbon atoms. 12 (3) POLYFLUOROALKYL SUBSTANCE.—The 13 term ‘‘polyfluoroalkyl substance’’ means a man-made 14 chemical containing at least one fully fluorinated 15 carbon atom and at least one nonfluorinated carbon 16 atom. 17 (4) PROPERTY UNDER THE JURISDICTION OF 18 THE DEPARTMENT OF DEFENSE.—The term ‘‘prop- 19 erty under the jurisdiction of the Department of De- 20 fense’’ includes commissaries, facilities operated by 21 the Army and Air Force Exchange Service, the Navy 22 Exchange Service Command, the Navy Resale and 23 Services Support Office, Marine Corps exchanges, 24 online exchange shops, and ships’ stores. 25 VerDate Sep 11 2014 04:55 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1796.IS S1796 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1796 IS (d) REPEAL OF SUPERSEDED AUTHORITY.—Section 1 333 of the William M. (Mac) Thornberry National De- 2 fense Authorization Act for Fiscal Year 2021 (Public Law 3 116–283) is repealed. 4 (e) EFFECTIVE DATE.—This section and the amend- 5 ment made by this section shall take effect on the date 6 that is one year after the date of the enactment of this 7 Act. 8 Æ VerDate Sep 11 2014 04:55 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1796.IS S1796 kjohnson on DSK79L0C42PROD with BILLS