II Calendar No. 55 117th CONGRESS 1st Session S. 231 [Report No. 117–21] IN THE SENATE OF THE UNITED STATES February 4, 2021 Mr. Peters (for himself, Mr. Sullivan , Ms. Hassan , Mr. Tillis , Mr. Carper , Ms. Murkowski , Ms. Collins , Ms. Sinema , and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs May 10, 2021 Reported by Mr. Peters , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL 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.

1. Short title This Act may be cited as the Protecting Firefighters from Adverse Substances Act or the PFAS Act . 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 the exposure to per- and polyfluoroalkyl substances (commonly referred to as PFAS ) from firefighting foam and personal protective equipment; and (B) limit or prevent the release of PFAS from firefighting foam into the environment; (2) develop and issue guidance to firefighters and other emergency response personnel on alternative foams, 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.

1. Short title This Act may be cited as the Protecting Firefighters from Adverse Substances Act or the PFAS Act . 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 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.

May 10, 2021 Reported with an amendment