[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[House]
[Pages H8168-H8170]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 PREVENTING PFAS RUNOFF AT AIRPORTS ACT

  Mr. CARSON. Mr. Speaker, I move to suspend the rules and pass the 
bill (S. 3662) to temporarily increase the cost share authority for 
aqueous film forming foam input-based testing equipment, and for other 
purposes, as amended.
  The Clerk read the title of the bill.

[[Page H8169]]

  The text of the bill is as follows:

                                S. 3662

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Preventing PFAS Runoff at 
     Airports Act''.

     SEC. 2. TEMPORARY INCREASED COST SHARE AUTHORITY FOR AQUEOUS 
                   FILM FORMING FOAM INPUT-BASED TESTING 
                   EQUIPMENT.

       (a) In General.--Section 47109 of title 49, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(g) Special Rule for Covered Equipment.--
       ``(1) In general.--The Government's share of allowable 
     project costs for covered equipment and its installation 
     shall be 100 percent.
       ``(2) Definition of covered equipment.--For purposes of 
     this subsection, the term `covered equipment' means aqueous 
     film forming foam input-based testing equipment that is 
     eligible for Airport Improvement Program funding based on 
     Federal Aviation Administration PGL 21-01, titled `Extension 
     of Eligibility for stand-alone acquisition of input-based 
     testing equipment and truck modification', dated October 5, 
     2021 (or any other successor program guidance letter).
       ``(3) Sunset.--The higher cost share authority established 
     in this subsection shall terminate on the earlier of--
       ``(A) 180 days after the date on which the eligibility of 
     covered equipment for Airport Improvement Program funding 
     under the authority described in paragraph (2) terminates or 
     is discontinued by the Administrator; or
       ``(B) 5 years after the date of enactment of this 
     subsection.''.
       (b) Outreach Efforts.--Not later than 90 days after the 
     date of enactment of this Act, the Administrator of the 
     Federal Aviation Administration shall conduct an outreach 
     effort to make airports aware of the higher cost share 
     authority established in section 47109(g) of title 49, United 
     States Code, as added by subsection (a).
       (c) Forward-looking Airport Reimbursements.--Not later than 
     18 months after the date of enactment of this Act, the 
     Administrator of the Federal Aviation Administration shall 
     provide a briefing to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that reviews--
       (1) potential options for Congress to reimburse airports 
     that--
       (A) are certificated under part 139 of title 14, Code of 
     Federal Regulations; and
       (B) acquired covered equipment (as defined in section 
     47109(g) of title 49, United States Code) as added by 
     subsection (a)--
       (i) with Federal funding but with a Government's share less 
     than 100 percent; or
       (ii) without Federal funding;
       (2) information relevant to estimating the potential cost 
     of providing such reimbursement;
       (3) the status of the Federal Aviation Administration's 
     outreach efforts as required under subsection (b); and
       (4) any additional information the Administrator of the 
     Federal Aviation Administration considers appropriate.
       (d) Authorization of Appropriations.--The amendments made 
     by this Act shall apply to amounts that first become 
     available in fiscal year 2023 or thereafter.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Indiana (Mr. Carson) and the gentleman from Florida (Mr. Webster) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Indiana.


                             general leave

  Mr. CARSON. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on S. 3662, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Indiana?
  There was no objection.
  Mr. CARSON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of S. 3662, the Preventing PFAS Runoff 
at Airports Act, sponsored by Senator Peters from Michigan.
  Mr. Speaker, every day millions of Americans are exposed to highly 
toxic fluorinated chemicals known as PFAS, through either their 
drinking water, home appliances, retail packaging, or countless other 
things they come into contact with each and every day.
  These chemicals, known as ``forever chemicals'' due to their long-
term persistence and inability to be easily broken down when released 
into the environment, have been linked with numerous human health 
risks, including increased risk of cancer, immune system impairment, 
and impaired child development. And that is just what we know. There is 
still plenty that we don't know about these hazardous materials and 
chemicals.
  Unfortunately, these chemicals are also likely to be found in and 
around many of our Nation's airports. That is because airports have 
been required by law to use and discharge firefighting foam containing 
PFAS; not just during firefighting emergencies, but also to comply with 
mandatory FAA testing requirements for firefighting equipment. These 
discharges have tremendous health implications for the people who live 
and work around airports, as well as growing liability concerns for the 
airports themselves.
  Fortunately, there has been significant progress on this front. For 
instance, just last month, the EPA proposed designating two of the most 
widely used PFAS chemicals as hazardous substances, which would create 
more public transparencies around the release of these chemicals. And 
the FAA is in the process of transitioning away from mandating the use 
of airport firefighting foam containing PFAS--though the agency still 
has to offer PFAS-free alternatives.
  Furthermore, the FAA now allows for airports to sufficiently test 
their firefighting equipment without discharging PFAS outside of the 
vehicle. But while these efforts should be celebrated, more work must 
be done.
  That is why I support this bill, which would raise the Federal cost 
share to 100 percent for airports that use Federal Airport Improvements 
Program funds to acquire input-based testing equipment, which enables 
airports to test firefighting equipment without emitting toxic PFAS 
substances. While airports are already allowed to procure this 
equipment, the cost of the equipment--which can be tens of thousands of 
dollars--can often be prohibitive.
  Through this higher Federal cost share, S. 3662 would incentivize the 
broad adoption of this new technology to ensure airports are able to 
limit or prevent the spread of PFAS contamination into local 
communities.
  In addition, the bill would require the FAA to provide Congress with 
options for reimbursing airports that use AIP funds to require input-
based testing equipment under a lower Federal cost share standard or 
acquire this equipment without AIP funds.
  Mr. Speaker, I urge my colleagues to support this bill, and I reserve 
the balance of my time.
  Mr. WEBSTER of Florida. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, ensuring the safety of the traveling public is of 
critical importance to this Committee. To ensure aviation safety, the 
Federal Aviation Administration regulates airport firefighting 
standards and requires airports to regularly test firefighting 
equipment.
  Currently, the fire suppressant foam required to be used at airports 
contains PFAS. While FAA is working closely with the Department of 
Defense to come up with an alternative that is just as effective at 
suppressing jet fuel fires, there is still work to be done before that 
alternative is made available.
  Given that, this bill ensures that airports are able to acquire 
equipment to test firefighting vehicles, in compliance with FAA 
regulations, without discharging PFAS-laden foam.
  Mr. Speaker, this bipartisan bill passed the Senate unanimously, and 
I urge support. This legislation is a good piece of legislation, and I 
reserve the balance of my time.
  Mr. CARSON. Mr. Speaker, I have no more speakers and I reserve the 
balance of my time.
  Mr. WEBSTER of Florida. Mr. Speaker, in closing, S. 3662 is a minor 
adjustment of an AIP cost share to remove any barriers an airport might 
have for acquiring firefighting testing equipment.
  Mr. Speaker, I urge support of the bill and I yield back the balance 
of my time.
  Mr. CARSON. Mr. Speaker, in closing, by making this small change to 
the Federal AIP, this bill would make it much easier to protect the 
health of our airport workers, first responders, and local communities, 
as well as bolster our Nation's ability to continue fighting these 
dangerous and insidious chemicals.
  Mr. Speaker, I support this bipartisan legislation and I urge my 
colleagues to do the same. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Indiana (Mr. Carson) that the House suspend the rules 
and pass the bill, S. 3662, as amended.

[[Page H8170]]

  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. NEHLS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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