[Pages H8168-H8170]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

PREVENTING PFAS RUNOFF AT AIRPORTS ACT

Mr. CARSON. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 3662) to temporarily increase the cost share authority for
aqueous film forming foam input-based testing equipment, and for other
purposes, as amended.
The Clerk read the title of the bill.

[[Page H8169]]

The text of the bill is as follows:

S. 3662

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Preventing PFAS Runoff at
Airports Act''.

SEC. 2. TEMPORARY INCREASED COST SHARE AUTHORITY FOR AQUEOUS
FILM FORMING FOAM INPUT-BASED TESTING
EQUIPMENT.

(a) In General.--Section 47109 of title 49, United States
Code, is amended by adding at the end the following new
subsection:
``(g) Special Rule for Covered Equipment.--
``(1) In general.--The Government's share of allowable
project costs for covered equipment and its installation
shall be 100 percent.
``(2) Definition of covered equipment.--For purposes of
this subsection, the term `covered equipment' means aqueous
film forming foam input-based testing equipment that is
eligible for Airport Improvement Program funding based on
Federal Aviation Administration PGL 21-01, titled `Extension
of Eligibility for stand-alone acquisition of input-based
testing equipment and truck modification', dated October 5,
2021 (or any other successor program guidance letter).
``(3) Sunset.--The higher cost share authority established
in this subsection shall terminate on the earlier of--
``(A) 180 days after the date on which the eligibility of
covered equipment for Airport Improvement Program funding
under the authority described in paragraph (2) terminates or
is discontinued by the Administrator; or
``(B) 5 years after the date of enactment of this
subsection.''.
(b) Outreach Efforts.--Not later than 90 days after the
date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall conduct an outreach
effort to make airports aware of the higher cost share
authority established in section 47109(g) of title 49, United
States Code, as added by subsection (a).
(c) Forward-looking Airport Reimbursements.--Not later than
18 months after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall
provide a briefing to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that reviews--
(1) potential options for Congress to reimburse airports
that--
(A) are certificated under part 139 of title 14, Code of
Federal Regulations; and
(B) acquired covered equipment (as defined in section
47109(g) of title 49, United States Code) as added by
subsection (a)--
(i) with Federal funding but with a Government's share less
than 100 percent; or
(ii) without Federal funding;
(2) information relevant to estimating the potential cost
of providing such reimbursement;
(3) the status of the Federal Aviation Administration's
outreach efforts as required under subsection (b); and
(4) any additional information the Administrator of the
Federal Aviation Administration considers appropriate.
(d) Authorization of Appropriations.--The amendments made
by this Act shall apply to amounts that first become
available in fiscal year 2023 or thereafter.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Indiana (Mr. Carson) and the gentleman from Florida (Mr. Webster) each
will control 20 minutes.
The Chair recognizes the gentleman from Indiana.

general leave

Mr. CARSON. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on S. 3662, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Indiana?
There was no objection.
Mr. CARSON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of S. 3662, the Preventing PFAS Runoff
at Airports Act, sponsored by Senator Peters from Michigan.
Mr. Speaker, every day millions of Americans are exposed to highly
toxic fluorinated chemicals known as PFAS, through either their
drinking water, home appliances, retail packaging, or countless other
things they come into contact with each and every day.
These chemicals, known as ``forever chemicals'' due to their long-
term persistence and inability to be easily broken down when released
into the environment, have been linked with numerous human health
risks, including increased risk of cancer, immune system impairment,
and impaired child development. And that is just what we know. There is
still plenty that we don't know about these hazardous materials and
chemicals.
Unfortunately, these chemicals are also likely to be found in and
around many of our Nation's airports. That is because airports have
been required by law to use and discharge firefighting foam containing
PFAS; not just during firefighting emergencies, but also to comply with
mandatory FAA testing requirements for firefighting equipment. These
discharges have tremendous health implications for the people who live
and work around airports, as well as growing liability concerns for the
airports themselves.
Fortunately, there has been significant progress on this front. For
instance, just last month, the EPA proposed designating two of the most
widely used PFAS chemicals as hazardous substances, which would create
more public transparencies around the release of these chemicals. And
the FAA is in the process of transitioning away from mandating the use
of airport firefighting foam containing PFAS--though the agency still
has to offer PFAS-free alternatives.
Furthermore, the FAA now allows for airports to sufficiently test
their firefighting equipment without discharging PFAS outside of the
vehicle. But while these efforts should be celebrated, more work must
be done.
That is why I support this bill, which would raise the Federal cost
share to 100 percent for airports that use Federal Airport Improvements
Program funds to acquire input-based testing equipment, which enables
airports to test firefighting equipment without emitting toxic PFAS
substances. While airports are already allowed to procure this
equipment, the cost of the equipment--which can be tens of thousands of
dollars--can often be prohibitive.
Through this higher Federal cost share, S. 3662 would incentivize the
broad adoption of this new technology to ensure airports are able to
limit or prevent the spread of PFAS contamination into local
communities.
In addition, the bill would require the FAA to provide Congress with
options for reimbursing airports that use AIP funds to require input-
based testing equipment under a lower Federal cost share standard or
acquire this equipment without AIP funds.
Mr. Speaker, I urge my colleagues to support this bill, and I reserve
the balance of my time.
Mr. WEBSTER of Florida. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, ensuring the safety of the traveling public is of
critical importance to this Committee. To ensure aviation safety, the
Federal Aviation Administration regulates airport firefighting
standards and requires airports to regularly test firefighting
equipment.
Currently, the fire suppressant foam required to be used at airports
contains PFAS. While FAA is working closely with the Department of
Defense to come up with an alternative that is just as effective at
suppressing jet fuel fires, there is still work to be done before that
alternative is made available.
Given that, this bill ensures that airports are able to acquire
equipment to test firefighting vehicles, in compliance with FAA
regulations, without discharging PFAS-laden foam.
Mr. Speaker, this bipartisan bill passed the Senate unanimously, and
I urge support. This legislation is a good piece of legislation, and I
reserve the balance of my time.
Mr. CARSON. Mr. Speaker, I have no more speakers and I reserve the
balance of my time.
Mr. WEBSTER of Florida. Mr. Speaker, in closing, S. 3662 is a minor
adjustment of an AIP cost share to remove any barriers an airport might
have for acquiring firefighting testing equipment.
Mr. Speaker, I urge support of the bill and I yield back the balance
of my time.
Mr. CARSON. Mr. Speaker, in closing, by making this small change to
the Federal AIP, this bill would make it much easier to protect the
health of our airport workers, first responders, and local communities,
as well as bolster our Nation's ability to continue fighting these
dangerous and insidious chemicals.
Mr. Speaker, I support this bipartisan legislation and I urge my
colleagues to do the same. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Indiana (Mr. Carson) that the House suspend the rules
and pass the bill, S. 3662, as amended.

[[Page H8170]]

The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. NEHLS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.

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