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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 231 Engrossed in Senate (ES)]

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117th CONGRESS
  1st Session
                                 S. 231

_______________________________________________________________________

                                 AN ACT

 
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.

    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 ``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'').

            Passed the Senate July 29, 2021.

            Attest:

                                                             Secretary.
117th CONGRESS

  1st Session

                                 S. 231

_______________________________________________________________________

                                 AN ACT

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.
```