[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.
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