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S. 231 — what changed

Protecting Firefighters from Adverse Substances Act

From Reported in Senate to Engrossed in Senate. 1 section amended between Reported in Senate and Engrossed in Senate.

Sec. 2 Guidance on how to prevent exposure to and release of PFAS

(a)
changed In general— Not later than 180 days 1 year after the date of enactment of this Act, the Administrator Secretary of the Federal Emergency Management Agency, 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)
changed develop and publish guidance for firefighters and other emergency response personnel on training, education programs, and best practices to—practices;
(A)
removed reduce the exposure to per- and polyfluoroalkyl substances (commonly referred to as “PFAS”) from firefighting foam and personal protective equipment; and
(B)
removed limit or prevent the release of PFAS from firefighting foam into the environment;
(2)
changed 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; andmake available a curriculum designed to—
(A)
added reduce and eliminate exposure to per- and polyfluoroalkyl substances (commonly referred to as “PFAS”) from firefighting foam and personal protective equipment;
(B)
added prevent the release of PFAS from firefighting foam into the environment; and
(C)
added 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)
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)
added Curriculum—
(1)
added 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.
(2)
added 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—
(b)
removed 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—
(A)
renumbered was (3)(3) firefighters and other emergency response personnel, including national fire service and emergency response organizations;
(B)
renumbered was (3)(4) impacted communities dealing with PFAS contamination;
(C)
renumbered was (3)(5) scientists, including public and occupational health and safety experts, who are studying PFAS and PFAS alternatives in firefighting foam;
(D)
renumbered was (3)(6) voluntary standards organizations engaged in developing standards for firefighter and firefighting equipment;
(E)
renumbered was (3)(7) State fire training academies;
(F)
renumbered was (3)(8) State fire marshals;
(G)
renumbered was (3)(9) manufacturers of firefighting tools and equipment; and
(H)
added any other relevant entities, as determined by the Secretary of Homeland Security and the Administrator of the United States Fire Administration.
(8)
removed 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)
changed Review of guidance—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 2 3 years thereafter, the Administrator Secretary of the Federal Emergency Management Agency, 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.guidance and curriculum.
(d)
Applicability of FACA— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to this Act.
(e)
added 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”).