[Congressional Record Volume 167, Number 133 (Thursday, July 29, 2021)]
[Senate]
[Pages S5189-S5190]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


          PROTECTING FIREFIGHTERS FROM ADVERSE SUBSTANCES ACT

  Mr. HEINRICH. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 55, S. 231.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 231) to direct the Administrator of the Federal 
     Emergency Management Agency to develop guidance for 
     firefighters and other emergency response personnel on best 
     practices to protect them from exposure to PFAS and to limit 
     and prevent the release of PFAS into the environment, and for 
     other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Protecting Firefighters from 
     Adverse Substances Act'' or the ``PFAS Act''.

     SEC. 2. GUIDANCE ON HOW TO PREVENT EXPOSURE TO AND RELEASE OF 
                   PFAS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Emergency Management Agency, in consultation with the 
     Administrator of the United States Fire Administration, the 
     Administrator of the Environmental Protection Agency, the 
     Director of the National Institute for Occupational Safety 
     and Health, and the heads of any other relevant agencies, 
     shall--
       (1) develop and publish guidance for firefighters and other 
     emergency response personnel on training, education programs, 
     and best practices to--
       (A) reduce and eliminate exposure to per- and 
     polyfluoroalkyl substances (commonly referred to as ``PFAS'') 
     from firefighting foam and personal protective equipment; and
       (B) prevent the release of PFAS from firefighting foam into 
     the environment;
       (2) develop and issue guidance for firefighters and other 
     emergency response personnel on

[[Page S5190]]

     foams and non-foam alternatives, personal protective 
     equipment, and other firefighting tools and equipment that do 
     not contain PFAS; and
       (3) create an online public repository, which shall be 
     updated on a regular basis, on tools and best practices for 
     firefighters and other emergency response personnel to 
     reduce, limit, and prevent the release of and exposure to 
     PFAS.
       (b) Required Consultation.--In developing the guidance 
     required under subsection (a), the Administrator of the 
     Federal Emergency Management Agency shall consult with 
     appropriate interested entities, including--
       (1) firefighters and other emergency response personnel, 
     including national fire service and emergency response 
     organizations;
       (2) impacted communities dealing with PFAS contamination;
       (3) scientists, including public and occupational health 
     and safety experts, who are studying PFAS and PFAS 
     alternatives in firefighting foam;
       (4) voluntary standards organizations engaged in developing 
     standards for firefighter and firefighting equipment;
       (5) State fire training academies;
       (6) State fire marshals;
       (7) manufacturers of firefighting tools and equipment; and
       (8) any other relevant entities, as determined by the 
     Administrator of the Federal Emergency Management Agency and 
     the Administrator of the United States Fire Administration.
       (c) Review of Guidance.--Not later than 3 years after the 
     date on which the guidance required under subsection (a) is 
     issued, and not less frequently than once every 2 years 
     thereafter, the Administrator of the Federal Emergency 
     Management Agency, in consultation with the Administrator of 
     the United States Fire Administration, the Administrator of 
     the Environmental Protection Agency, and the Director of the 
     National Institute for Occupational Safety and Health, shall 
     review the guidance and, as appropriate, issue updates to the 
     guidance.
       (d) Applicability of FACA.--The Federal Advisory Committee 
     Act (5 U.S.C. App.) shall not apply to this Act.

  Mr. HEINRICH. I ask unanimous consent that the committee-reported 
substitute amendment be withdrawn; that the Peters substitute 
amendment, which is at the desk, be considered and agreed to; that the 
bill, as amended, be considered read a third time and passed; and that 
the motion to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment, in the nature of a substitute, was 
withdrawn.
  The amendment (No. 2125), in the nature of a substitute, was agreed 
to as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Protecting Firefighters from 
     Adverse Substances Act'' or the ``PFAS Act''.

     SEC. 2. GUIDANCE ON HOW TO PREVENT EXPOSURE TO AND RELEASE OF 
                   PFAS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Homeland Security, in 
     consultation with the Administrator of the United States Fire 
     Administration, the Administrator of the Environmental 
     Protection Agency, the Director of the National Institute for 
     Occupational Safety and Health, and the heads of any other 
     relevant agencies, shall--
       (1) develop and publish guidance for firefighters and other 
     emergency response personnel on training, education programs, 
     and best practices;
       (2) make available a curriculum designed to--
       (A) reduce and eliminate exposure to per- and 
     polyfluoroalkyl substances (commonly referred to as ``PFAS'') 
     from firefighting foam and personal protective equipment;
       (B) prevent the release of PFAS from firefighting foam into 
     the environment; and
       (C) educate firefighters and other emergency response 
     personnel on foams and non-foam alternatives, personal 
     protective equipment, and other firefighting tools and 
     equipment that do not contain PFAS; and
       (3) create an online public repository, which shall be 
     updated on a regular basis, on tools and best practices for 
     firefighters and other emergency response personnel to 
     reduce, limit, and prevent the release of and exposure to 
     PFAS.
       (b) Curriculum.--
       (1) In general.--For the purpose of developing the 
     curriculum required under subsection (a)(2), the 
     Administrator of the United States Fire Administration shall 
     make recommendations to the Secretary of Homeland Security as 
     to the content of the curriculum.
       (2) Consultation.--For the purpose of making 
     recommendations under paragraph (1), the Administrator of the 
     United States Fire Administration shall consult with 
     interested entities, as appropriate, including--
       (A) firefighters and other emergency response personnel, 
     including national fire service and emergency response 
     organizations;
       (B) impacted communities dealing with PFAS contamination;
       (C) scientists, including public and occupational health 
     and safety experts, who are studying PFAS and PFAS 
     alternatives in firefighting foam;
       (D) voluntary standards organizations engaged in developing 
     standards for firefighter and firefighting equipment;
       (E) State fire training academies;
       (F) State fire marshals;
       (G) manufacturers of firefighting tools and equipment; and
       (H) any other relevant entities, as determined by the 
     Secretary of Homeland Security and the Administrator of the 
     United States Fire Administration.
       (c) Review.--Not later than 3 years after the date on which 
     the guidance and curriculum required under subsection (a) is 
     issued, and not less frequently than once every 3 years 
     thereafter, the Secretary of Homeland Security, in 
     consultation with the Administrator of the United States Fire 
     Administration, the Administrator of the Environmental 
     Protection Agency, and the Director of the National Institute 
     for Occupational Safety and Health, shall review the guidance 
     and curriculum and, as appropriate, issue updates to the 
     guidance and curriculum.
       (d) Applicability of FACA.--The Federal Advisory Committee 
     Act (5 U.S.C. App.) shall not apply to this Act.
       (e) Rule of Construction.--Nothing in this Act shall be 
     construed to require the Secretary of Homeland Security to 
     promulgate or enforce regulations under subchapter II of 
     chapter 5 of title 5, United States Code (commonly known as 
     the ``Administrative Procedure Act'').

  The bill (S. 231), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                          ____________________