[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:
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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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