II 

Calendar No. 462 

117TH CONGRESS 

2D SESSION S. 3662 

[Report No. 117–138] 

To temporarily increase the cost share authority for aqueous film forming 

foam input-based testing equipment, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 16, 2022 

Mr. PETERS (for himself, Mr. MORAN, Ms. DUCKWORTH, Mrs. CAPITO, Ms. 

KLOBUCHAR, and Ms. LUMMIS) introduced the following bill; which was 

read twice and referred to the Committee on Commerce, Science, and 

Transportation 

AUGUST 2, 2022 

Reported by Ms. CANTWELL, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To temporarily increase the cost share authority for aqueous 

film forming foam input-based testing equipment, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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•S 3662 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Preventing PFAS 

3 Runoff at Airports Act’’. 

4 SEC. 2. TEMPORARY INCREASED COST SHARE AUTHORITY 

5 FOR AQUEOUS FILM FORMING FOAM INPUT6 BASED TESTING EQUIPMENT. 

7 (a) IN GENERAL.—Section 47109 of title 49, United 

8 States Code, is amended by adding at the end the fol9 lowing new subsection: 

10 ‘‘(g) SPECIAL RULE FOR COVERED EQUIPMENT.— 

11 ‘‘(1) IN GENERAL.—The Government’s share of 

12 allowable project costs for covered equipment and its 

13 installation shall be 100 percent. 

14 ‘‘(2) DEFINITION OF COVERED EQUIPMENT.— 

15 For purposes of this subsection, the term ‘covered 

16 equipment’ means aqueous film forming foam input17 based testing equipment that is eligible for Airport 

18 Improvement Program funding based on PGL 21– 

19 01, titled ‘Extension of Eligibility for stand-alone ac20 quisition of input-based testing equipment and truck 

21 modification’, dated October 5, 2021 (or any other 

22 successor program guidance letter). 

23 ‘‘(3) SUNSET.—The higher cost share authority 

24 established in this subsection shall terminate 180 

25 days after the date on which the eligibility of covered 

26 equipment for Airport Improvement Program fundVerDate Sep 11 2014 02:42 Aug 03, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S3662.RS S3662

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1 ing under the authority described in paragraph (2) 

2 terminates or is discontinued by the Administrator, 

3 whichever is earlier.’’. 

4 (b) OUTREACH EFFORTS.—Not later than 90 days 

5 after the date of enactment of this Act, the Administrator 

6 of the Federal Aviation Administration shall conduct an 

7 outreach effort to make airports aware of the higher cost 

8 share authority established in section 47109(g) of title 49, 

9 United States Code, as added by subsection (a). 

10 (c) FORWARD-LOOKING AIRPORTS.—Not later than 

11 18 months after the date of enactment of this Act, the 

12 Administrator of the Federal Aviation Administration 

13 shall provide a briefing to the Committee on Commerce, 

14 Science, and Transportation of the Senate and the Com15 mittee on Transportation and Infrastructure of the House 

16 of Representatives that reviews— 

17 (1) potential options for Congress to reimburse 

18 airports that— 

19 (A) are certificated under part 139 of title 

20 14, Code of Federal Regulations; and 

21 (B) acquired covered equipment (as de22 fined in section 47109(g) of title 49, United 

23 States Code) as added by subsection (a), with24 out Federal funding; 


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1 (2) information relevant to estimating the po2 tential cost of providing such reimbursement; 

3 (3) the status of the Federal Aviation Adminis4 tration’s outreach efforts as required under sub5 section (b); and 

6 (4) any additional information the Adminis7 trator of the Federal Aviation Administration con8 siders appropriate. 

9 SECTION 1. SHORT TITLE. 

10 This Act may be cited as the ‘‘Preventing PFAS Run11 off at Airports Act’’. 

12 SEC. 2. TEMPORARY INCREASED COST SHARE AUTHORITY 

13 FOR AQUEOUS FILM FORMING FOAM INPUT14 BASED TESTING EQUIPMENT. 

15 (a) IN GENERAL.—Section 47109 of title 49, United 

16 States Code, is amended by adding at the end the following 

17 new subsection: 

18 ‘‘(g) SPECIAL RULE FOR COVERED EQUIPMENT.— 

19 ‘‘(1) IN GENERAL.—The Government’s share of 

20 allowable project costs for covered equipment and its 

21 installation shall be 100 percent. 

22 ‘‘(2) DEFINITION OF COVERED EQUIPMENT.—For 

23 purposes of this subsection, the term ‘covered equip24 ment’ means aqueous film forming foam input-based 

25 testing equipment that is eligible for Airport ImproveVerDate Sep 11 2014 02:42 Aug 03, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S3662.RS S3662

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1 ment Program funding based on Federal Aviation 

2 Administration PGL 21-01, titled ‘Extension of Eligi3 bility for stand-alone acquisition of input-based test4 ing equipment and truck modification’, dated October 

5 5, 2021 (or any other successor program guidance let6 ter). 

7 ‘‘(3) SUNSET.—The higher cost share authority 

8 established in this subsection shall terminate on the 

9 earlier of— 

10 ‘‘(A) 180 days after the date on which the 

11 eligibility of covered equipment for Airport Im12 provement Program funding under the authority 

13 described in paragraph (2) terminates or is dis14 continued by the Administrator; or 

15 ‘‘(B) 5 years after the date of enactment of 

16 this subsection.’’. 

17 (b) OUTREACH EFFORTS.—Not later than 90 days 

18 after the date of enactment of this Act, the Administrator 

19 of the Federal Aviation Administration shall conduct an 

20 outreach effort to make airports aware of the higher cost 

21 share authority established in section 47109(g) of title 49, 

22 United States Code, as added by subsection (a). 

23 (c) FORWARD-LOOKING AIRPORT REIMBURSE24 MENTS.—Not later than 18 months after the date of enact25 ment of this Act, the Administrator of the Federal Aviation 


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1 Administration shall provide a briefing to the Committee 

2 on Commerce, Science, and Transportation of the Senate 

3 and the Committee on Transportation and Infrastructure 

4 of the House of Representatives that reviews— 

5 (1) potential options for Congress to reimburse 

6 airports that— 

7 (A) are certificated under part 139 of title 

8 14, Code of Federal Regulations; and 

9 (B) acquired covered equipment (as defined 

10 in section 47109(g) of title 49, United States 

11 Code) as added by subsection (a)— 

12 (i) with Federal funding but with a 

13 Government’s share less than 100 percent; 

14 or 

15 (ii) without Federal funding; 

16 (2) information relevant to estimating the poten17 tial cost of providing such reimbursement; 

18 (3) the status of the Federal Aviation Adminis19 tration’s outreach efforts as required under subsection 

20 (b); and 

21 (4) any additional information the Adminis22 trator of the Federal Aviation Administration con23 siders appropriate. 


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Calendar No. 462 

117TH CONGRESS 

2D SESSION S. 3662 

[Report No. 117–138] 

A BILL 

To temporarily increase the cost share authority for 

equipment, and for other purposes. aqueous film forming foam input-based testing 

AUGUST 2, 2022 

Reported with an amendment 


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