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Code · BILL · 117th Congress · H.R. 7900 (Engrossed in House) — To authorize appropriations for fiscal year 2023 for military activities of the Department of Defense and for militar... · Sec. 5803

Sec. 5803. Expansion of study of PFAS contamination

799 words·~4 min read·/bill/117/hr/7900/eh/section-5803·

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The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and the Director of the Agency for Toxic Substances and Disease Registry, and, as appropriate, the Director of the National Institute of Environmental Health Sciences, and in consultation with the Secretary of Defense, shall— expand (by including more military installations, communities, or other sites, including schools operated by the Department of Defense Education Activity) the study authorized by section 316 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ) on the human health implications of per- and polyfluoroalkyl substances (in this section referred to as PFAS ) contamination in drinking water, ground water, and any other sources of water and relevant exposure pathways, including the cumulative human health implications of multiple types of PFAS contamination at levels above and below health advisory levels to assess health effects at additional military installations; not later than 1 year after the date of the enactment of this Act, and annually thereafter until submission of the report under paragraph (3)(B), submit to the appropriate congressional committees a report on the progress of such expanded study; and not later than 5 years after the date of enactment of this Act (or 7 years after such date of enactment after providing notice to the appropriate congressional committees of the need for the delay)— complete the expanded study and make any appropriate recommendations; and submit a report to the appropriate congressional committees on the results of such expanded study.
The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and the Director of the Agency for Toxic Substances and Disease Registry, and, as appropriate, the Director of the National Institute of Environmental Health Sciences, and in consultation with the Secretary of Defense, shall conduct an exposure assessment of not less than 10 current or former domestic military installations which were not included in the study authorized by section 316(a) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ) and which are known to have PFAS contamination in drinking water, ground water, and any other sources of water and relevant exposure pathways.
The exposure assessment required under this subsection shall— include— for each military installation covered under the exposure assessment, a statistical sample to be determined by the Secretary of Health and Human Services in consultation with the relevant State health departments; and biomonitoring for assessing the contamination described in paragraph (1); and produce findings, which shall be— used to help design the study described in subsection (a)(1); and not later than 1 year after the conclusion of such exposure assessment, released to the appropriate congressional committees.
The exposure assessment required under this subsection shall— begin not later than 180 days after the date of enactment of this Act; and conclude not later than 2 years after such date of enactment. The Director of the Agency for Toxic Substances and Disease Registry may, as necessary, use staff and other resources from other Federal agencies in carrying out the study under subsection
(a)and the assessment under subsection (b). The study under subsection
(a)and assessment under subsection
(b)shall not interfere with any regulatory processes of the Environmental Protection Agency, including determinations of maximum contaminant levels. In this section, the term appropriate congressional committees means— the congressional defense committees; the Committee on Heath, Education, Labor, and Pensions, the Committee on Environment and Public Works, and the Committee on Veterans’ Affairs of the Senate; and the Committee on Energy and Commerce, the Committee on Education and Labor, and the Committee on Veterans’ Affairs of the House of Representatives. The study under subsection
(a)and assessment under subsection
(b)may be paid for using funds authorized to be appropriated to the Department of Defense under the heading Operation and Maintenance, Defense-Wide . Without regard to section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $20,000,000 a year during each of fiscal years 2023 and 2024 to the Secretary of Health and Human Services to pay for the study under subsection
(a)and assessment under subsection (b). Amounts transferred to the Secretary of Health and Human Services shall be used to carry out the study under subsection
(a)and assessment under subsection
(b)through contracts, cooperative agreements, or grants. In addition, such funds may be transferred by the Secretary of Health and Human Services to other accounts of the Department of Health and Human Services for the purposes of carrying out this section. The transfer authority provided under this subsection is in addition to any other transfer authority available to the Department of Defense or the Department of Health and Human Services.
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Sec. 5803
Expansion of study of PFAS contamination
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