PFAS Act
PL 117-248 (S.231), enacted 12/20/2022

[117th Congress Public Law 248]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 2348]]

Public Law 117-248
117th Congress

                                 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. <<NOTE: Dec. 20, 2022 -  [S. 231]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Protecting 
Firefighters from Adverse Substances Act. 6 USC 101 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Firefighters from Adverse 
Substances Act'' or the ``PFAS Act''.
SEC. 2. <<NOTE: 6 USC 323.>>  GUIDANCE ON HOW TO PREVENT EXPOSURE 
                    TO AND RELEASE OF PFAS.

    (a) <<NOTE: Deadline.>>  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) <<NOTE: Publication.>>  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) <<NOTE: Website. Data. Updates.>>  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) <<NOTE: Recommenda- tions.>>  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.

[[Page 136 STAT. 2349]]

            (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) <<NOTE: Deadline.>>  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'').

    Approved December 20, 2022.

LEGISLATIVE HISTORY--S. 231:
---------------------------------------------------------------------------

SENATE REPORTS: No. 117-21 (Comm. on Homeland Security and Governmental 
Affairs).
CONGRESSIONAL RECORD:
                                                        Vol. 167 (2021):
                                    July 29, considered and passed 
                                        Senate.
                                                        Vol. 168 (2022):
                                    Nov. 29, Dec. 1, considered and 
                                        passed House.

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