---
kind: "section"
citation: "6 U.S.C. § 323"
title: "6"
title_heading: "Domestic Security"
number: "323"
heading: "Guidance on how to prevent exposure to and release of PFAS"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/6/323"
units:
  - "Chapter 1 — Homeland Security Organization"
  - "Subchapter V — National Emergency Management"
---

# §323. Guidance on how to prevent exposure to and release of PFAS

- (a) **In general—** Not later than 1 year after December 20, 2022, the [Secretary](/usc/6/101.md?p=16) of [Homeland](/usc/6/101.md?p=1) Security, in consultation with the [Administrator](/usc/6/311.md?p=1) of the [United States](/usc/6/101.md?p=19-A) Fire Administration, the [Administrator](/usc/6/311.md?p=1) of the Environmental Protection [Agency](/usc/6/311.md?p=2), the [Director](/usc/6/677a.md?p=3) of the National Institute for Occupational Safety and Health, and the heads of any other relevant [agencies](/usc/6/311.md?p=2), shall—
  - (1) develop and publish guidance for firefighters and other [emergency](/usc/6/701.md?p=6) response [personnel](/usc/6/101.md?p=15) 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](/usc/6/701.md?p=6) response [personnel](/usc/6/101.md?p=15) 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](/usc/6/701.md?p=6) response [personnel](/usc/6/101.md?p=15) to reduce, limit, and prevent the release of and exposure to PFAS.
- (b) **Curriculum—**
  - (1) **In general—** For the purpose of developing the curriculum required under [subsection (a)(2)](#a-2), the [Administrator](/usc/6/311.md?p=1) of the [United States](/usc/6/101.md?p=19-A) Fire Administration shall make recommendations to the [Secretary](/usc/6/101.md?p=16) of [Homeland](/usc/6/101.md?p=1) Security as to the content of the curriculum.
  - (2) **Consultation—** For the purpose of making recommendations under [paragraph (1)](#b-1), the [Administrator](/usc/6/311.md?p=1) of the [United States](/usc/6/101.md?p=19-A) Fire Administration shall consult with interested [entities](/usc/6/301c.md?p=2), as appropriate, including—
    - (A) firefighters and other [emergency](/usc/6/701.md?p=6) response [personnel](/usc/6/101.md?p=15), including national fire service and [emergency](/usc/6/701.md?p=6) 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](/usc/6/671.md?p=6-A) standards organizations engaged in developing standards for firefighter and firefighting equipment;
    - (E) [State](/usc/6/101.md?p=17) fire training academies;
    - (F) [State](/usc/6/101.md?p=17) fire marshals;
    - (G) manufacturers of firefighting tools and equipment; and
    - (H) any other relevant [entities](/usc/6/301c.md?p=2), as determined by the [Secretary](/usc/6/101.md?p=16) of [Homeland](/usc/6/101.md?p=1) Security and the [Administrator](/usc/6/311.md?p=1) of the [United States](/usc/6/101.md?p=19-A) Fire Administration.
- (c) **Review—** Not later than 3 years after the date on which the guidance and curriculum required under [subsection (a)](#a) is issued, and not less frequently than once every 3 years thereafter, the [Secretary](/usc/6/101.md?p=16) of [Homeland](/usc/6/101.md?p=1) Security, in consultation with the [Administrator](/usc/6/311.md?p=1) of the [United States](/usc/6/101.md?p=19-A) Fire Administration, the [Administrator](/usc/6/311.md?p=1) of the Environmental Protection [Agency](/usc/6/311.md?p=2), and the [Director](/usc/6/677a.md?p=3) 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.)[^1] shall not apply to this Act.
- (e) **Rule of construction—** Nothing in this Act shall be construed to require the [Secretary](/usc/6/101.md?p=16) of [Homeland](/usc/6/101.md?p=1) Security to promulgate or enforce regulations under subchapter II of [chapter 5](/usc/5/chptI/ch5.md) of title 5 (commonly known as the “Administrative Procedure Act”).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 117–248, § 2, Dec. 20, 2022, 136 Stat. 2348.)

## Notes

### Editorial Notes

### References in Text

The Federal Advisory Committee Act, referred to in subsec. (d), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.

### Codification

Section was enacted as part of the Protecting Firefighters from Adverse Substances Act, also known as the PFAS Act, and not as part of the Homeland Security Act of 2002 which comprises this chapter.