§323 — Title 6 Domestic Security | U.S. Code

Summary

The Secretary of Homeland Security must, within 1 year after December 20, 2022, working with the U.S. Fire Administration, EPA, NIOSH, and other agencies, write and publish plain guidance for firefighters and emergency responders. The guidance must cover training and best practices, provide a curriculum to cut or stop PFAS exposure from firefighting foam and gear, explain how to avoid letting PFAS get into the environment, teach about foam and non-foam options and PFAS-free equipment, and set up an online public library of tools and best practices that is kept up to date. The U.S. Fire Administration must recommend what goes into the curriculum after talking with firefighters, affected communities, scientists, standards groups, state fire trainers and marshals, manufacturers, and others. Within 3 years after the guidance is issued and at least every 3 years after that, the Secretary must review and update it as needed. The Federal Advisory Committee Act does not apply, and nothing here forces the Secretary to make or enforce rules under the Administrative Procedure Act.

Title 6, §323

Domestic Security — Source: USLM XML via OLRC

(a)Not later than 1 year after December 20, 2022, 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)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)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)(1)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)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)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)The Federal Advisory Committee Act (5 U.S.C. App.) 11 See References in Text note below. shall not apply to this Act.

(e)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 (commonly known as the “Administrative Procedure Act”).

Notes & Related Subsidiaries

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.

§323 Guidance on How to Prevent Exposure to and Release of Pfas

Summary

Title 6, §323

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata