Authorizing Legislations

Attachment 1: Authorizing Legislation
1a: Authorizing Legislation for PFAS Exposure Assessment
1b: Authorizing Legislation for ATSDR
1c: Authorizing Legislation for NCEH

1a: Authorizing Legislation for PFAS Exposure Assessments
Section 8006 of the Consolidated Appropriations Act, 2018
(see https://www.congress.gov/115/bills/hr1625/BILLS-115hr1625enr.pdf)
and supplemental table

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1 and in no case where the item for which funds are re2 quested has been denied by the Congress: Provided further,
3 That the Secretary of Defense shall notify the Congress
4 promptly of all transfers made pursuant to this authority
5 or any other authority in this Act: Provided further, That
6 no part of the funds in this Act shall be available to pre7 pare or present a request to the Committees on Appropria8 tions for reprogramming of funds, unless for higher pri9 ority items, based on unforeseen military requirements,
10 than those for which originally appropriated and in no
11 case where the item for which reprogramming is requested
12 has been denied by the Congress: Provided further, That
13 a request for multiple reprogrammings of funds using au14 thority provided in this section shall be made prior to June
15 30, 2018: Provided further, That transfers among military
16 personnel appropriations shall not be taken into account
17 for purposes of the limitation on the amount of funds that
18 may be transferred under this section.
19

SEC. 8006. (a) With regard to the list of specific pro-

20 grams, projects, and activities (and the dollar amounts
21 and adjustments to budget activities corresponding to
22 such programs, projects, and activities) contained in the
23 tables titled Explanation of Project Level Adjustments in
24 the explanatory statement regarding this Act, the obliga25 tion and expenditure of amounts appropriated or other-

March 21, 2018 (6:08 p.m.)

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1 wise made available in this Act for those programs,
2 projects, and activities for which the amounts appro3 priated exceed the amounts requested are hereby required
4 by law to be carried out in the manner provided by such
5 tables to the same extent as if the tables were included
6 in the text of this Act.
7

(b) Amounts specified in the referenced tables de-

8 scribed in subsection (a) shall not be treated as subdivi9 sions of appropriations for purposes of section 8005 of this
10 Act: Provided, That section 8005 shall apply when trans11 fers of the amounts described in subsection (a) occur be12 tween appropriation accounts.
13

SEC. 8007. (a) Not later than 60 days after enact-

14 ment of this Act, the Department of Defense shall submit
15 a report to the congressional defense committees to estab16 lish the baseline for application of reprogramming and
17 transfer authorities for fiscal year 2018: Provided, That
18 the report shall include—
19

(1) a table for each appropriation with a sepa-

20

rate column to display the President’s budget re-

21

quest, adjustments made by Congress, adjustments

22

due to enacted rescissions, if appropriate, and the

23

fiscal year enacted level;

24

(2) a delineation in the table for each appro-

25

priation both by budget activity and program,

March 21, 2018 (6:08 p.m.)

1b: Authorizing Legislation for ATSDR
Comprehensive Environmental Response, Compensation and Liability Act of 1980
(CERCLA) and Superfund Amendments and Reauthorization Act of 1986 (SARA)
http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=BROWSE&TITLE=42USCC103
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY [42 U.S.C. 9604(i)(1),(4),(6)(A)(B)(C)(D)(E)(F)(G)(H), (b) (1)]
Section 9604. (i) Agency for Toxic Substances and Disease Registry; establishment, functions,
etc.
(i)

Agency for Toxic Substances and Disease Registry; establishment, functions, etc.
(1) There is hereby established within the Public Health Service an agency, to be known
as the Agency for Toxic Substances and Disease Registry, which shall report directly to
the Surgeon General of the United States. The Administrator of said Agency shall, with
the cooperation of the Administrator of the Environmental Protection Agency, the
Commissioner of the Food and Drug Administration, the Directors of the National
Institute of Medicine, National Institute of Environmental Health Sciences, National
Institute of Occupational Safety and Health, Centers for Disease Control and Prevention,
the Administrator of the Occupational Safety and Health Administration, the
Administrator of the Social Security Administration, the Secretary of Transportation, and
appropriate State and local health officials, effectuate and implement the health related
authorities of this chapter.
(4) The Administrator of the ATSDR shall provide consultations upon request on health
issues relating to exposure to hazardous or toxic substances, on the basis of available
information, to the Administrator of EPA, State officials, and local officials. Such
consultations to individuals may be provided by States under cooperative agreements
established under this chapter.
(6) (A) The Administrator of ATSDR shall perform a health assessment for each facility
on the National Priorities List established under section 9605 of this title. Such health
assessment shall be completed not later than December 10, 1988, for each facility
proposed for inclusion on such list prior to October 17, 1986, or not later than one year
after the date of proposal for inclusion on such list for each facility proposed for inclusion
on such list after October 17, 1986.
(B) The Administrator of ATSDR may perform health assessments for releases or
facilities where individual persons or licensed physicians provide information that
individuals have been exposed to a hazardous substance, for which the probable source of
such exposure is a release. In addition to other methods (formal or informal) of providing
such information, such individual persons or licensed physicians may submit a petition to

the Administrator of ATSDR providing such information and requesting a health
assessment. If such a petition is submitted and the Administrator of ATSDR does not
initiate a health assessment, the Administrator of ATSDR shall provide a written
explanation of why a health assessment is not appropriate.
(C) In determining the priority in which to conduct health assessments under this
subsection, the Administrator of ATSDR, in consultation with the Administrator of EPA,
shall give priority to those facilities at which there is documented evidence of the release
of hazardous substances, at which the potential risk to human health appears highest, and
for which in the judgment of the Administrator of ATSDR existing health assessment
data are inadequate to assess the potential risk to human health as provided in
subparagraph (F). In determining the priorities for conducting health assessments under
this subsection, the Administrator of ATSDR shall consider the National Priorities List
schedules and the needs of the Environmental Protection Agency and other Federal
agencies pursuant to schedules for remedial investigation and feasibility studies.
(D) Where a health assessment is done at a site on the National Priorities List, the
Administrator of ATSDR shall complete such assessment promptly and, to the maximum
extent practicable, before the completion of the remedial investigation and feasibility
study at the facility concerned.
(E) Any State or political subdivision carrying out a health assessment for a facility shall
report the results of the assessment to the Administrator of ATSDR and the Administrator
of EPA and shall include recommendations with respect to further activities which need
to be carried out under this section. The Administrator of ATSDR shall state such
recommendation in any report on the results of any assessment carried out directly by the
Administrator of ATSDR for such facility and shall issue periodic reports which include
the results of all the assessments carried out under this subsection.
(F) For the purposes of this subsection and section 9611 (c)(4) of this title, the term
“health assessments” shall include preliminary assessments of the potential risk to human
health posed by individual sites and facilities, based on such factors as the nature and
extent of contamination, the existence of potential pathways of human exposure
(including ground or surface water contamination, air emissions, and food chain
contamination), the size and potential susceptibility of the community within the likely
pathways of exposure, the comparison of expected human exposure levels to the shortterm and long-term health effects associated with identified hazardous substances and
any available recommended exposure or tolerance limits for such hazardous substances,
and the comparison of existing morbidity and mortality data on diseases that may be
associated with the observed levels of exposure. The Administrator of ATSDR shall use
appropriate data, risk assessments, risk evaluations and studies available from the
Administrator of EPA.
(G) The purpose of health assessments under this subsection shall be to assist in
determining whether actions under paragraph (11) of this subsection should be taken to
reduce human exposure to hazardous substances from a facility and whether additional
information on human exposure and associated health risks is needed and should be
acquired by conducting epidemiological studies under paragraph (7), establishing a

registry under paragraph (8), establishing a health surveillance program under paragraph
(9), or through other means. In using the results of health assessments for determining
additional actions to be taken under this section, the Administrator of ATSDR may
consider additional information on the risks to the potentially affected population from all
sources of such hazardous substances including known point or nonpoint sources other
than those from the facility in question.
(H) At the completion of each health assessment, the Administrator of ATSDR shall
provide the Administrator of EPA and each affected State with the results of such
assessment, together with any recommendations for further actions under this subsection
or otherwise under this chapter. In addition, if the health assessment indicates that the
release or threatened release concerned may pose a serious threat to human health or the
environment, the Administrator of ATSDR shall so notify the Administrator of EPA who
shall promptly evaluate such release or threatened release in accordance with the hazard
ranking system referred to in section 9605 (a)(8)(A) of this title to determine whether the
site shall be placed on the National Priorities List or, if the site is already on the list, the
Administrator of ATSDR may recommend to the Administrator of EPA that the site be
accorded a higher priority.
(b) Investigations, monitoring, coordination, etc., by President
(1) Information; studies and investigations
Whenever the President is authorized to act pursuant to subsection (a) of this section, or
whenever the President has reason to believe that a release has occurred or is about to
occur, or that illness, disease, or complaints thereof may be attributable to exposure to a
hazardous substance, pollutant, or contaminant and that a release may have occurred or
be occurring, he may undertake such investigations, monitoring, surveys, testing, and
other information gathering as he may deem necessary or appropriate to identify the
existence and extent of the release or threat thereof, the source and nature of the
hazardous substances, pollutants or contaminants involved, and the extent of danger to
the public health or welfare or to the environment. In addition, the President may
undertake such planning, legal, fiscal, economic, engineering, architectural, and other
studies or investigations as he may deem necessary or appropriate to plan and direct
response actions, to recover the costs thereof, and to enforce the provisions of this
chapter.

1c: Authorizing Legislation for NCEH
Public Health Service Act
http://www.house.gov/legcoun/Comps/PHSA_CMD.pdf
TITLE III—GENERAL POWERS AND DUTIES OF PUBLIC HEALTH SERVICE
PART A—RESEARCH AND INVESTIGATION IN GENERAL
SEC. 301. [241]. (a) The Secretary shall conduct in the Service, and encourage, cooperate with,
and render assistance to other appropriate public authorities, scientific institutions, and scientists
in the conduct of, and promote the coordination of, research, investigations, experiments,
demonstrations, and studies relating to the causes, diagnosis, treatment, control, and prevention
of physical and mental diseases and impairments of man, including water purification, sewage
treatment, and pollution of lakes and streams. In carrying out the foregoing the Secretary is
authorized to—
1) collect and make available through publications and other appropriate means, information
as to, and the practical application of, such research and other activities;
2) make available research facilities of the Service to appropriate public authorities, and to
health officials and scientists engaged in special study;
3) make grants-in-aid to universities, hospitals, laboratories, and other public or private
institutions, and to individuals for such research projects as are recommended by the
advisory council to the entity of the Department supporting such projects and make, upon
recommendation of the advisory council to the appropriate entity of the Department,
grants-in-aid to public or nonprofit universities, hospitals, laboratories, and other
institutions for the general support of their research;
4) secure from time to time and for such periods as he deems advisable, the assistance and
advice of experts, scholars, and consultants from the United States or abroad;
5) for purposes of study, admit and treat at institutions, hospitals, and stations of the Service,
persons not otherwise eligible for such treatment;
6) make available, to health officials, scientists, and appropriate public and other nonprofit
institutions and organizations, technical advice and assistance on the application of
statistical methods to experiments, studies, and surveys in health and medical fields;
7) enter into contracts, including contracts for research in accordance with and subject to the
provisions of law applicable to contracts entered into by the military departments under
title 10, United States Code, sections 2353 and 2354, except that determination, approval,
and certification required thereby shall be by the Secretary of Health, Education, and
Welfare; and
8) adopt, upon recommendations of the advisory councils to the appropriate entities of the
Department or, with respect to mental health, the National Advisory Mental Health
Council, such additional means as the Secretary considers necessary or appropriate to
carry out the purposes of this section.
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