I 
118TH CONGRESS 
1ST SESSION H. R. 5356 
To require the Secretary of Transportation to establish a PFAS replacement 
program at certain airports, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 8, 2023 
Mr. CARBAJAL (for himself, Mr. LAWLER, and Mr. VAN ORDEN) introduced 
the following bill; which was referred to the Committee on Transportation 
and Infrastructure 
A BILL 
To require the Secretary of Transportation to establish a 
PFAS replacement program at certain airports, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Pollution-Free Avia-
tion Sites Act’’ or the ‘‘PFAS Act’’. 
SEC. 2. PFAS-RELATED RESOURCES FOR AIRPORTS. 
(a) PFAS REPLACEMENT
PROGRAM
FOR
AIR-
PORTS.—Not later than 90 days after the date on which 
the Department of Defense approves a fluorine-free fire 
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fighting agent to the Qualified Products’ List for products 
meeting Military Specification MIL–PRE–32725, dated 
January 12, 2023, the Secretary of Transportation shall 
establish a PFAS replacement program, in consultation 
with the Administrator of the Environmental Protection 
Agency, and subject to terms, conditions, and assurances 
acceptable to the Secretary, to reimburse eligible airports 
for the reasonable and appropriate costs associated with 
any of the following: 
(1) The one-time initial acquisition by an eligi-
ble airport of fluorine-free firefighting alternatives 
for— 
(A) the capacity of all required aircraft 
rescue and firefighting (ARFF) equipment list-
ed in the most recent FAA-approved Airport 
Certification Manual, regardless of how the 
equipment was initially acquired; and 
(B) twice the quantity carried onboard 
each required truck available in the fire station 
for the eligible airport. 
(2) The disposal of per- or polyfluoroalkyl prod-
ucts, including fluorinated aqueous film-forming 
agents, to the extent such disposal is necessary to 
facilitate the transition to an acceptable fluorine-free 
agent, including, but not limited to, aqueous film 
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forming agents currently in fire-fighting equipment, 
vehicles, and wastewater generated during the clean-
ing of fire-fighting equipment and vehicles. 
(3) Cleaning or disposal of existing equipment 
or components thereof, to the extent such cleaning 
or disposal is necessary to facilitate the transition to 
an acceptable fluorine-free agent. 
(4) Any equipment or components thereof nec-
essary to facilitate the transition to an acceptable 
fluorine-free agent. 
(5) Replacement of aircraft rescue and fire-
fighting (ARFF) equipment as determined by the 
Secretary as necessary to be replaced. 
(b) DISTRIBUTION OF FUNDS.— 
(1) GRANTS TO REPLACE ARFF VEHICLES.— 
(A) IN GENERAL.—The Secretary shall re-
serve a portion of the amounts appropriated to 
carry out the PFAS replacement program to 
make grants to each eligible airport that is des-
ignated under part 139 as an Index A airport 
and does not have existing capabilities to 
produce fluorine-free foam, to replace aircraft 
rescue and firefighting (ARFF) vehicles. 
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(B) AMOUNT.—No grant made to an eligi-
ble airport under subparagraph (A) shall exceed 
$2,000,000. 
(2) REMAINDER.— 
(A) DETERMINATION OF NEED.—With re-
spect to the amount of firefighting foam con-
centrate required for foam production commen-
surate with applicable aircraft rescue and fire-
fighting (ARFF) equipment required in accord-
ance with the most recent FAA-approved Air-
port Certification Manual, the Secretary shall 
determine— 
(i) the total amount of such con-
centrate required for all of the federally re-
quired aircraft rescue and firefighting 
(ARFF) vehicles that meet index require-
ments under part 139 of each eligible air-
port, in gallons; and 
(ii) the total amount of nationwide 
firefighting foam concentrate, in gallons. 
(B) 
DETERMINATION
OF
GRANT 
AMOUNTS.—From the amounts appropriated to 
carry out the PFAS replacement program that 
remain after the application of paragraph (1), 
the Secretary shall make a grant to each eligi-
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ble airport of the amount equal to the product 
of— 
(i) the amount of such remaining 
funds; and 
(ii) the ratio of the amount deter-
mined under subparagraph (A)(i) for such 
eligible airport to the amount determined 
under subparagraph (A)(ii). 
(c) PROGRAM REQUIREMENTS.— 
(1) IN GENERAL.—The Secretary shall deter-
mine the eligibility of costs payable under the PFAS 
replacement program by taking into account all en-
gineering, technical, and environmental protocols 
and generally accepted industry standards that are 
developed or established for fluorine-free foams. 
(2) COMPLIANCE WITH APPLICABLE LAW.—All 
actions related to the acquisition, disposal, and tran-
sition to fluorine-free foams, including the cleaning 
and disposal of equipment, shall be conducted in full 
compliance with all applicable Federal laws in effect 
at the time of obligation in order to be eligible for 
reimbursement under the PFAS replacement pro-
gram. 
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(3) GOVERNMENT SHARE.—The Government’s 
share of allowable costs under the PFAS replace-
ment program shall be 100 percent. 
(d) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is hereby authorized 
such sums as may be necessary to carry out the 
PFAS replacement program. 
(2) REQUIREMENTS.—Amounts appropriated to 
carry out the PFAS replacement program shall— 
(A) remain available for expenditure for a 
period of 5 fiscal years; and 
(B) be available in addition to any other 
funding available for similar purposes under 
any other Federal, State, local, or Tribal pro-
gram. 
(e) DEFINITIONS.—In this section: 
(1) ELIGIBLE
AIRPORT.—The term ‘‘eligible 
airport’’ means an airport holding an Airport Oper-
ating Certificate issued under part 139. 
(2) PART 139.—The term ‘‘part 139’’ means 
part 139 of title 14, Code of Federal Regulations. 
(3) PFAS REPLACEMENT PROGRAM.—The term 
‘‘PFAS replacement program’’ means the program 
established under subsection (a). 
Æ 
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