Authorizing Legislation

Appendix A: Authorizing Legislation
Appendix A1: Authorizing Legislation for Pease Study
Appendix A2: Authorizing Legislation for ATSDR Research
Appendix A3: Authorizing Legislation for NCEH Research

1a: Authorizing Legislation for Pease Study (PL 115-141)
Section 8006 of the Consolidated Appropriations Act, 2018
(see https://www.congress.gov/115/bills/hr1625/BILLS-115hr1625enr.pdf)
and supplemental table

U:\2018REPT\OMNI\Final\RCP—FM.xml

284
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.)

U:\2018REPT\OMNI\Final\RCP—FM.xml

285
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.)

Appendix A2: Authorizing Legislation for ATSDR
Comprehensive Environmental Response, Compensation and Liability Act of 1980
(CERCLA) and Superfund Amendments and Reauthorization Act of 1986 (SARA)
https://www.law.cornell.edu/uscode/text/42/9604
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY [42 U.S.C. 9604 – Response Authorities]
Section 9604.
(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. In addition, said Administrator shall—
(A) in cooperation with the States, establish and maintain a national registry of
serious diseases and illnesses and a national registry of persons exposed to toxic
substances;
(B) establish and maintain inventory of literature, research, and studies on the
health effects of toxic substances;
(C) in cooperation with the States, and other agencies of the Federal Government,
establish and maintain a complete listing of areas closed to the public or otherwise
restricted in use because of toxic substance contamination;
(D) in cases of public health emergencies caused or believed to be caused by
exposure to toxic substances, provide medical care and testing to exposed
individuals, including but not limited to tissue sampling, chromosomal testing
where appropriate, epidemiological studies, or any other assistance appropriate
under the circumstances; and
(E) either independently or as part of other health status survey, conduct periodic
survey and screening programs to determine relationships between exposure to
toxic substances and illness. In cases of public health emergencies, exposed
persons shall be eligible for admission to hospitals and other facilities and
services operated or provided by the Public Health Service.

(2)
(A) Within 6 months after October 17, 1986, the Administrator of the Agency for
Toxic Substances and Disease Registry (ATSDR) and the Administrator of the
Environmental Protection Agency (“EPA”) shall prepare a list, in order of
priority, of at least 100 hazardous substances which are most commonly found at
facilities on the National Priorities List and which, in their sole discretion, they
determine are posing the most significant potential threat to human health due to
their known or suspected toxicity to humans and the potential for human exposure
to such substances at facilities on the National Priorities List or at facilities to
which a response to a release or a threatened release under this section is under
consideration.
(B) Within 24 months after October 17, 1986, the Administrator of ATSDR and
the Administrator of EPA shall revise the list prepared under subparagraph (A).
Such revision shall include, in order of priority, the addition of 100 or more such
hazardous substances. In each of the 3 consecutive 12-month periods that follow,
the Administrator of ATSDR and the Administrator of EPA shall revise, in the
same manner as provided in the 2 preceding sentences, such list to include not
fewer than 25 additional hazardous substances per revision. The Administrator of
ATSDR and the Administrator of EPA shall not less often than once every year
thereafter revise such list to include additional hazardous substances in
accordance with the criteria in subparagraph (A).
(3) Based on all available information, including information maintained under paragraph
(1)(B) and data developed and collected on the health effects of hazardous substances
under this paragraph, the Administrator of ATSDR shall prepare toxicological profiles of
each of the substances listed pursuant to paragraph (2). The toxicological profiles shall be
prepared in accordance with guidelines developed by the Administrator of ATSDR and
the Administrator of EPA. Such profiles shall include, but not be limited to each of the
following:
(A) An examination, summary, and interpretation of available toxicological
information and epidemiologic evaluations on a hazardous substance in order to
ascertain the levels of significant human exposure for the substance and the
associated acute, subacute, and chronic health effects.
(B) A determination of whether adequate information on the health effects of each
substance is available or in the process of development to determine levels of
exposure which present a significant risk to human health of acute, subacute, and
chronic health effects.
(C) Where appropriate, an identification of toxicological testing needed to
identify the types or levels of exposure that may present significant risk of
adverse health effects in humans.
Any toxicological profile or revision thereof shall reflect the
Administrator of ATSDR’s assessment of all relevant toxicological testing
which has been peer reviewed. The profiles required to be prepared under
this paragraph for those hazardous substances listed under subparagraph

(A) of paragraph (2) shall be completed, at a rate of no fewer than 25 per
year, within 4 years after October 17, 1986. A profile required on a
substance listed pursuant to subparagraph (B) of paragraph (2) shall be
completed within 3 years after addition to the list. The profiles prepared
under this paragraph shall be of those substances highest on the list of
priorities under paragraph (2) for which profiles have not previously been
prepared. Profiles required under this paragraph shall be revised and
republished as necessary, but no less often than once every 3 years. Such
profiles shall be provided to the States and made available to other
interested parties.
(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.
(5)
(A) For each hazardous substance listed pursuant to paragraph (2), the
Administrator of ATSDR (in consultation with the Administrator of EPA and
other agencies and programs of the Public Health Service) shall assess whether
adequate information on the health effects of such substance is available. For any
such substance for which adequate information is not available (or under
development), the Administrator of ATSDR, in cooperation with the Director of
the National Toxicology Program, shall assure the initiation of a program of
research designed to determine the health effects (and techniques for development
of methods to determine such health effects) of such substance. Where feasible,
such program shall seek to develop methods to determine the health effects of
such substance in combination with other substances with which it is commonly
found. Before assuring the initiation of such program, the Administrator of
ATSDR shall consider recommendations of the Interagency Testing Committee
established under section 4(e) of the Toxic Substances Control Act [15 U.S.C.
2603(e)] on the types of research that should be done. Such program shall include,
to the extent necessary to supplement existing information, but shall not be
limited to—
(i) laboratory and other studies to determine short, intermediate, and longterm health effects;
(ii) laboratory and other studies to determine organ-specific, site-specific,
and system-specific acute and chronic toxicity;
(iii) laboratory and other studies to determine the manner in which such
substances are metabolized or to otherwise develop an understanding of
the biokinetics of such substances; and
(iv) where there is a possibility of obtaining human data, the collection of
such information.

(B) In assessing the need to perform laboratory and other studies, as required by
subparagraph (A), the Administrator of ATSDR shall consider—
(i) the availability and quality of existing test data concerning the
substance on the suspected health effect in question;
(ii) the extent to which testing already in progress will, in a timely fashion,
provide data that will be adequate to support the preparation of
toxicological profiles as required by paragraph (3); and
(iii) such other scientific and technical factors as the Administrator of
ATSDR may determine are necessary for the effective implementation of
this subsection.
(C) In the development and implementation of any research program under this
paragraph, the Administrator of ATSDR and the Administrator of EPA shall
coordinate such research program implemented under this paragraph with the
National Toxicology Program and with programs of toxicological testing
established under the Toxic Substances Control Act [15 U.S.C. 2601 et seq.] and
the Federal Insecticide, Fungicide and Rodenticide Act [7 U.S.C. 136 et seq.]. The
purpose of such coordination shall be to avoid duplication of effort and to assure
that the hazardous substances listed pursuant to this subsection are tested
thoroughly at the earliest practicable date. Where appropriate, consistent with
such purpose, a research program under this paragraph may be carried out using
such programs of toxicological testing.
(D) It is the sense of the Congress that the costs of research programs under this
paragraph be borne by the manufacturers and processors of the hazardous
substance in question, as required in programs of toxicological testing under the
Toxic Substances Control Act [15 U.S.C. 2601 et seq.]. Within 1 year after
October 17, 1986, the Administrator of EPA shall promulgate regulations which
provide, where appropriate, for payment of such costs by manufacturers and
processors under the Toxic Substances Control Act, and registrants under the
Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.], and
recovery of such costs from responsible parties 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 short-term 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.
(7)
(A) Whenever in the judgment of the Administrator of ATSDR it is appropriate
on the basis of the results of a health assessment, the Administrator of ATSDR
shall conduct a pilot study of health effects for selected groups of exposed
individuals in order to determine the desirability of conducting full scale
epidemiological or other health studies of the entire exposed population.
(B) Whenever in the judgment of the Administrator of ATSDR it is appropriate
on the basis of the results of such pilot study or other study or health assessment,
the Administrator of ATSDR shall conduct such full scale epidemiological or
other health studies as may be necessary to determine the health effects on the
population exposed to hazardous substances from a release or threatened release.
If a significant excess of disease in a population is identified, the letter of
transmittal of such study shall include an assessment of other risk factors, other
than a release, that may, in the judgment of the peer review group, be associated
with such disease, if such risk factors were not taken into account in the design or
conduct of the study.
(8) In any case in which the results of a health assessment indicate a potential significant
risk to human health, the Administrator of ATSDR shall consider whether the
establishment of a registry of exposed persons would contribute to accomplishing the
purposes of this subsection, taking into account circumstances bearing on the usefulness
of such a registry, including the seriousness or unique character of identified diseases or
the likelihood of population migration from the affected area.

(9) Where the Administrator of ATSDR has determined that there is a significant
increased risk of adverse health effects in humans from exposure to hazardous substances
based on the results of a health assessment conducted under paragraph (6), an
epidemiologic study conducted under paragraph (7), or an exposure registry that has been
established under paragraph (8), and the Administrator of ATSDR has determined that
such exposure is the result of a release from a facility, the Administrator of ATSDR shall
initiate a health surveillance program for such population. This program shall include but
not be limited to—
(A) periodic medical testing where appropriate of population subgroups to screen
for diseases for which the population or subgroup is at significant increased risk;
and
(B) a mechanism to refer for treatment those individuals within such population
who are screened positive for such diseases.
(10) Two years after October 17, 1986, and every 2 years thereafter, the Administrator of
ATSDR shall prepare and submit to the Administrator of EPA and to the Congress a
report on the results of the activities of ATSDR regarding—
(A) health assessments and pilot health effects studies conducted;
(B) epidemiologic studies conducted;
(C) hazardous substances which have been listed under paragraph (2),
toxicological profiles which have been developed, and toxicologic testing which
has been conducted or which is being conducted under this subsection;
(D) registries established under paragraph (8); and
(E) an overall assessment, based on the results of activities conducted by the
Administrator of ATSDR, of the linkage between human exposure to individual
or combinations of hazardous substances due to releases from facilities covered
by this chapter or the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.] and any
increased incidence or prevalence of adverse health effects in humans.
(11) If a health assessment or other study carried out under this subsection contains a
finding that the exposure concerned presents a significant risk to human health, the
President shall take such steps as may be necessary to reduce such exposure and
eliminate or substantially mitigate the significant risk to human health. Such steps may
include the use of any authority under this chapter, including, but not limited to—
(A) provision of alternative water supplies, and
(B) permanent or temporary relocation of individuals.
In any case in which information is insufficient, in the judgment of the
Administrator of ATSDR or the President to determine a significant
human exposure level with respect to a hazardous substance, the President
may take such steps as may be necessary to reduce the exposure of any
person to such hazardous substance to such level as the President deems
necessary to protect human health.

(12) In any case which is the subject of a petition, a health assessment or study, or a
research program under this subsection, nothing in this subsection shall be construed to
delay or otherwise affect or impair the authority of the President, the Administrator of
ATSDR, or the Administrator of EPA to exercise any authority vested in the President,
the Administrator of ATSDR or the Administrator of EPA under any other provision of
law (including, but not limited to, the imminent hazard authority of section 7003 of the
Solid Waste Disposal Act [42 U.S.C. 6973]) or the response and abatement authorities of
this chapter.
(13) All studies and results of research conducted under this subsection (other than health
assessments) shall be reported or adopted only after appropriate peer review. Such peer
review shall be completed, to the maximum extent practicable, within a period of 60
days. In the case of research conducted under the National Toxicology Program, such
peer review may be conducted by the Board of Scientific Counselors. In the case of other
research, such peer review shall be conducted by panels consisting of no less than three
nor more than seven members, who shall be disinterested scientific experts selected for
such purpose by the Administrator of ATSDR or the Administrator of EPA, as
appropriate, on the basis of their reputation for scientific objectivity and the lack of
institutional ties with any person involved in the conduct of the study or research under
review. Support services for such panels shall be provided by the Agency for Toxic
Substances and Disease Registry, or by the Environmental Protection Agency, as
appropriate.
(14) In the implementation of this subsection and other health-related authorities of this
chapter, the Administrator of ATSDR shall assemble, develop as necessary, and
distribute to the States, and upon request to medical colleges, physicians, and other health
professionals, appropriate educational materials (including short courses) on the medical
surveillance, screening, and methods of diagnosis and treatment of injury or disease
related to exposure to hazardous substances (giving priority to those listed in paragraph
(2)), through such means as the Administrator of ATSDR deems appropriate.
(15) The activities of the Administrator of ATSDR described in this subsection and
section 9611(c)(4) of this title shall be carried out by the Administrator of ATSDR, either
directly or through cooperative agreements with States (or political subdivisions thereof)
which the Administrator of ATSDR determines are capable of carrying out such
activities. Such activities shall include provision of consultations on health information,
the conduct of health assessments, including those required under section 3019(b) of the
Solid Waste Disposal Act [42 U.S.C. 6939a(b)], health studies, registries, and health
surveillance.
(16) The President shall provide adequate personnel for ATSDR, which shall not be
fewer than 100 employees. For purposes of determining the number of employees under
this subsection, an employee employed by ATSDR on a part-time career employment
basis shall be counted as a fraction which is determined by dividing 40 hours into the
average number of hours of such employee’s regularly scheduled workweek.
(17) In accordance with section 9620 of this title (relating to Federal facilities), the
Administrator of ATSDR shall have the same authorities under this section with respect

to facilities owned or operated by a department, agency, or instrumentality of the United
States as the Administrator of ATSDR has with respect to any nongovernmental entity.
(18) If the Administrator of ATSDR determines that it is appropriate for purposes of this
section to treat a pollutant or contaminant as a hazardous substance, such pollutant or
contaminant shall be treated as a hazardous substance for such purpose.

Appendix A3: 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.

March 13, 2013 \\143.231.149.13\DATA\COMP\PHSA\PHSA.003