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Congressional Record — Senate, S3416 (June 25, 2020)

Summary

Page S3416 of the Senate section of the Congressional Record for June 25, 2020, in interleaved columns, carrying amendment text. Provisions require an estimate of the costs of making a pilot program permanent and expanding it nationwide, along with recommendations for legislative or administrative action. Guidance is required not later than 14 days after enactment so agencies report obligations and expenditures of large CARES Act funds under division A. Another section sets a 180-day deadline for developing and publishing guidance for firefighters with the Fire Administration and an occupational safety institute.

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“Congressional Record — Senate, S3416 (June 25, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-06-25-crec-2020-06-25-pt1-pgs3416-c7e7ad6b0b/, SHA-256 361eb2e5f5cb3cf6e675e494c12b745e1a6efd4e27986f7aac993cc31ba2ab14.

Full text

                                               S3416                                             CONGRESSIONAL RECORD — SENATE                                                          June 25, 2020
                                               the making of the pilot program permanent               Director of the Office of Management and               the Administrator of the United States Fire
                                               with an expansion nationwide.                           Budget shall issue guidance for agencies to            Administration, the Administrator of the
                                                 (G) An estimate of the costs of making the            ensure the collection and timely reporting             Environmental Protection Agency, the Di-
                                               pilot program permanent and expanding it                for the obligation and expenditure of large            rector of the National Institute for Occupa-
                                               nationwide in accordance with the rec-                  covered funds under division A of the CARES            tional Safety and Health, and the heads of
                                               ommendation in subparagraph (F).                        Act (Public Law 116–136) on and after the              any other relevant agencies, shall—
                                                 (H) Such recommendations for legislative              date of enactment of that Act.                           (1) develop and publish guidance for fire-
                                               or administrative action as the Secretary                 (B) REQUIREMENT.—The guidance issued                 fighters and other emergency response per-
                                               considers appropriate in light of the pilot             under subparagraph (A) shall require that,             sonnel on training, education programs, and
                                               program.                                                not later than 120 days after the date of en-          best practices to—
                                                 (3) APPROPRIATE COMMITTEES OF CONGRESS                actment of this Act, agencies shall make all             (A) reduce the exposure to per- and
                                               DEFINED.—In this subsection, the term ‘‘ap-             reports required under section 15011 of divi-          polyfluoroalkyl substances (commonly re-
                                               propriate committees of Congress’’ means—               sion B of the CARES Act (Public Law 116–               ferred to as ‘‘PFAS’’) from firefighting foam
                                                 (A) the Committee on Armed Services and               136) relating to large covered funds under di-         and personal protective equipment; and
                                               the Committee on Homeland Security and                  vision A of such Act that have been expended             (B) limit or prevent the release of PFAS
                                               Governmental Affairs of the Senate; and                 or obligated during the period beginning on            from firefighting foam into the environment;
                                                 (B) the Committee on Armed Services and               the date of enactment of the CARES Act                   (2) develop and issue guidance to fire-
                                               the Committee on Homeland Security of the               (Public Law 116–136) and ending on the day             fighters and other emergency response per-
                                               House of Representatives.                               before the date of enactment of this Act.              sonnel on alternative foams, personal protec-
                                                 (j) STATE DEFINED.—In this section, the                 (C) RULE OF CONSTRUCTION.—Nothing in                 tive equipment, and other firefighting tools
                                               term ‘‘State’’ means each of the several                this subsection shall be construed to affect           and equipment that do not contain PFAS;
                                               States, the District of Columbia, the Com-              the deadlines for reporting under section              and
                                               monwealth of Puerto Rico, American Samoa,               15011 of division B of the CARES Act (Public             (3) create an online public repository,
                                               Guam, the United States Virgin Islands, and             Law 116–136) relating to large covered funds           which shall be updated on a regular basis, on
                                               the Commonwealth of the Northern Mariana                that have been expended or obligated under             tools and best practices for firefighters and
                                               Islands.                                                division A or B of such Act on or after the            other emergency response personnel to re-
                                                                                                       date of enactment of this Act.                         duce, limit, and prevent the release of and
                                                 SA 1937. Mr. PETERS (for himself                                                                             exposure to PFAS.
                                               and Mr. JOHNSON) submitted an amend-                      SA 1938. Mr. PETERS submitted an                       (b) REQUIRED CONSULTATION.—In devel-
                                               ment intended to be proposed by him                     amendment intended to be proposed by                   oping the guidance required under subsection
                                                                                                                                                              (a), the Administrator of the Federal Emer-
                                               to the bill S. 4049, to authorize appro-                him to the bill S. 4049, to authorize ap-              gency Management Agency shall consult
                                               priations for fiscal year 2021 for mili-                propriations for fiscal year 2021 for                  with appropriate interested entities, includ-
                                               tary activities of the Department of                    military activities of the Department                  ing—
                                               Defense, for military construction, and                 of Defense, for military construction,                   (1) firefighters and other emergency re-
                                               for defense activities of the Depart-                   and for defense activities of the De-                  sponse personnel, including national fire
                                               ment of Energy, to prescribe military                   partment of Energy, to prescribe mili-                 service and emergency response organiza-
                                               personnel strengths for such fiscal                     tary personnel strengths for such fiscal               tions;
                                                                                                                                                                (2) impacted communities dealing with
                                               year, and for other purposes; which was                 year, and for other purposes; which was
                                                                                                                                                              PFAS contamination;
                                               ordered to lie on the table; as follows:                ordered to lie on the table; as follows:                 (3) scientists, including public and occupa-
                                                 At the appropriate place, insert the fol-               At the appropriate place, insert the fol-            tional health and safety experts, who are
                                               lowing:                                                 lowing:                                                studying PFAS and PFAS alternatives in
                                               SEC. ll. AMENDMENTS TO THE PANDEMIC RE-                 SEC. lll. OFFICE OF GOVERNMENT ETHICS IN-              firefighting foam;
                                                          SPONSE   ACCOUNTABILITY     COM-                        FORMATION.                                    (4) voluntary standards organizations en-
                                                          MITTEE.                                        Section 406 of the Ethics in Government              gaged in developing standards for firefighter
                                                 (a) APPROPRIATIONS.—Title V of division B             Act of 1978 (5 U.S.C. App.) is amended to read         and firefighting equipment;
                                               of the Coronavirus Aid, Relief, and Economic            as follows:                                              (5) State fire training academies;
                                               Security Act (Public Law 116–136) is amend-             ‘‘SEC. 406. TRANSMITTAL OF INFORMATION TO                (6) State fire marshals;
                                               ed, in the matter under the heading ‘‘PAN-                           CONGRESS.                                   (7) manufacturers of firefighting tools and
                                               DEMIC      RESPONSE     ACCOUNTABILITY      COM-           ‘‘(a) IN GENERAL.—Notwithstanding any               equipment; and
                                               MITTEE’’ under the heading ‘‘INDEPENDENT                other provision of law, including any regula-            (8) any other relevant entities, as deter-
                                               AGENCIES’’, by striking ‘‘funds provided in             tion, upon the request of any committee or             mined by the Administrator of the Federal
                                               this Act’’ and inserting ‘‘covered funds and            subcommittee of Congress, the Director shall           Emergency Management Agency and the Ad-
                                               the Coronavirus response (as those terms are            transmit to Congress information and views             ministrator of the United States Fire Ad-
                                               defined in paragraphs (6) and (7), respec-              on the functions of, responsibilities of, or           ministration.
                                               tively, of section 15010(a) of this Act), includ-       other matters relating to the Office of Gov-             (c) REVIEW OF GUIDANCE.—Not later than 3
                                               ing efforts’’.                                          ernment Ethics.                                        years after the date on which the guidance
                                                  (b) APPOINTMENT OF CHAIRPERSON.—Section                ‘‘(b) FORMAT.—The Director may transmit              required under subsection (a) is issued, and
                                               15010(c) of division B of the Coronavirus Aid,          information and views under subsection (a)             not less frequently than once every 2 years
                                               Relief, and Economic Security Act (Public               by report, testimony, or otherwise.                    thereafter, the Administrator of the Federal
                                               Law 116–136) is amended—                                  ‘‘(c) WITHOUT REVIEW.—The Director shall             Emergency Management Agency, in con-
                                                  (1) in paragraph (1), by striking ‘‘and (D)’’        transmit information and views to Congress             sultation with the Administrator of the
                                               and inserting ‘‘(D), and (E)’’; and                     under subsection (a) without review, clear-            United States Fire Administration, the Ad-
                                                  (2) in paragraph (2)(E), by inserting ‘‘of the       ance, or approval by any administrative au-            ministrator of the Environmental Protection
                                               Council’’ after ‘‘Chairperson’’.                        thority.’’.                                            Agency, and the Director of the National In-
                                                  (c) DEFINITION OF COVERED FUNDS.—Section                                                                    stitute for Occupational Safety and Health,
                                               15010(a)(6) of division B of the Coronavirus,             SA 1939. Mr. PETERS submitted an                     shall review the guidance and, as appro-
                                               Aid, Relief, and Economic Security Act                                                                         priate, issue updates to the guidance.
                                                                                                       amendment intended to be proposed by                     (d) APPLICABILITY OF FACA.—The Federal
                                               (Public Law 116–136) is amended—
                                                  (1) in subparagraph (A), by striking ‘‘this          him to the bill S. 4049, to authorize ap-              Advisory Committee Act (5 U.S.C. App.)
                                               Act’’ and inserting ‘‘notwithstanding section           propriations for fiscal year 2021 for                  shall not apply to this section.
                                               3, division A or B of this Act’’; and                   military activities of the Department
                                                  (2) in subparagraph (D), by striking ‘‘pri-          of Defense, for military construction,                   SA 1940. Ms. ROSEN (for herself and
                                               marily making appropriations’’ and insert-              and for defense activities of the De-                  Ms. ERNST) submitted an amendment
                                               ing ‘‘making appropriations or authorizing              partment of Energy, to prescribe mili-                 intended to be proposed by her to the
                                               Federal spending’’.                                     tary personnel strengths for such fiscal               bill S. 4049, to authorize appropriations
                                                  (d) RETROACTIVE REPORTING ON LARGE COV-                                                                     for fiscal year 2021 for military activi-
                                               ERED FUNDS.—
                                                                                                       year, and for other purposes; which was
                                                                                                       ordered to lie on the table; as follows:               ties of the Department of Defense, for
                                                  (1) DEFINITIONS.—In this subsection, the




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                              military construction, and for defense
                                               terms ‘‘agency’’ and ‘‘large covered funds’’              At the appropriate place, insert the fol-
                                                                                                       lowing:
                                                                                                                                                              activities of the Department of Energy,
                                               have the meanings given those terms in sec-
                                               tion 15011 of division B of the Coronavirus,            SEC. ll. GUIDANCE ON HOW TO PREVENT EXPO-
                                                                                                                                                              to    prescribe     military    personnel
                                               Aid, Relief, and Economic Security Act                             SURE TO AND RELEASE OF PFAS.                strengths for such fiscal year, and for
                                               (Public Law 116–136).                                     (a) IN GENERAL.—Not later than 180 days              other purposes; which was ordered to
                                                  (2) GUIDANCE.—                                       after the date of enactment of this Act, the           lie on the table; as follows:
                                                  (A) IN GENERAL.—Not later than 14 days               Administrator of the Federal Emergency                   At the appropriate place, insert the fol-
                                               after the date of enactment of this Act, the            Management Agency, in consultation with                lowing:




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