[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6358 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6358

  To examine, label, and communicate adverse human biological effects 
associated with exposure to electromagnetic fields from cell phones and 
            other wireless devices, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 2012

 Mr. Kucinich (for himself, Ms. Pingree of Maine, and Mrs. Napolitano) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To examine, label, and communicate adverse human biological effects 
associated with exposure to electromagnetic fields from cell phones and 
            other wireless devices, and for other purposes.

    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 ``Cell Phone Right to Know Act''.

SEC. 2. RESEARCH PROGRAM.

    (a) In General.--The Director and the Administrator, acting 
jointly, shall conduct or support a comprehensive research program to 
determine whether exposure to electromagnetic fields from mobile 
communication devices causes adverse biological effects in humans, 
including especially vulnerable subpopulations such as children, 
pregnant women, those with compromised immune systems and 
hypersensitivity reactions, men and women of reproductive age, and the 
elderly.
    (b) Specific Requirements.--With respect to the possible adverse 
biological effects in humans from exposure to electromagnetic fields 
from mobile communication devices, the program under subsection (a) 
shall provide for--
            (1) the collection, compilation, publication, and 
        dissemination of scientifically valid information;
            (2) research on mechanisms by which such electromagnetic 
        fields interact with human biological systems; and
            (3) epidemiological research.
    (c) Dissemination.--
            (1) Public accessibility.--The Director and the 
        Administrator, acting jointly, shall ensure that information 
        and research results under such program are regularly made 
        widely available to the general public.
            (2) Reports to congress.--On the date that is 4 years after 
        the date of enactment of this Act and on the date that is 8 
        years after the date of enactment of this Act, the Director and 
        the Administrator, acting jointly, shall transmit to Congress a 
        report containing the findings and conclusions of the research 
        program under subsection (a).
    (d) Workshop.--
            (1) In general.--The Director and the Administrator, acting 
        jointly, shall convene a workshop to assist in the development 
        of a plan for the research to be carried out under such 
        program.
            (2) Participants.--Participants in the workshop shall 
        include government employees, representatives of public 
        interest groups, and representatives from the scientific 
        community with expertise relevant to health issues or other 
        adverse biological effects in humans potentially associated 
        with the exposure to electromagnetic fields from mobile 
        communication devices.
    (e) Conflicts of Interest.--
            (1) In general.--The Director and the Administrator--
                    (A) may not delegate any responsibility under this 
                section to an officer or employee with any significant 
                conflict of interest relative to research or activities 
                under this section;
                    (B) shall require, as a condition on receipt of 
                assistance for research under this section, an 
                assurance that any person given responsibility to carry 
                out such research will not have any significant 
                conflict of interest relative to such research; and
                    (C) may not, with respect to any such person, waive 
                subparagraph (A) or (B) in any case or grant an 
                exemption under section 208(b) of title 18, United 
                States Code.
            (2) Relation to other provisions.--The requirements of 
        paragraph (1) are in addition to the prohibition in section 
        208(a) of title 18, United States Code, and any other 
        prohibition or requirement in Federal law relating to conflicts 
        of interest.
            (3) Status of researchers.--Any person who is not a Federal 
        Government employee who performs research under the program in 
        subsection (a) shall be considered a special government 
        employee for the purpose of conflict of interest rules, 
        including section 208 of title 18, United States Code.
    (f) Clarification of Researcher Access to Information.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Federal Communications Commission 
        shall promulgate regulations to allow a subscriber to access 
        personally or to give consent to allow researchers with 
        institutional review board approval to access specific usage 
        data required to investigate the link between electromagnetic 
        radiation exposure and potential adverse biological effects in 
        humans.
            (2) Time for reply.--Such regulations shall provide that a 
        company regulated by the Commission from whom a subscriber or a 
        researcher, with the consent of an individual subscriber, 
        requests data in accordance with such regulations shall--
                    (A) respond to and provide such data within 30 
                business days; or
                    (B) be fined not more than $10,000 per account per 
                day following such 30-day period in accordance with the 
                Communications Act of 1934.
            (3) Data provided.--The regulations shall provide that, of 
        the data described in paragraph (1), all relevant data shall be 
        accessible, including the following:
                    (A) With respect to the individual subscriber, 
                usage data including the following:
                            (i) The date and time the call or data 
                        session began and ended.
                            (ii) The outgoing and incoming phone 
                        number.
                            (iii) The carrier modulation, such as GSM, 
                        CDMA, UMTS, W-CDMA, or LTE.
                            (iv) The frequency band.
                            (v) The subscriber location.
                            (vi) The number of base stations used.
                            (vii) The amount and rate of data 
                        transmitted and received.
                            (viii) The form of data usage, such as text 
                        messaging or other data transmission.
                    (B) With respect to the base stations used by each 
                individual subscriber:
                            (i) All base stations used in the call or 
                        data session.
                            (ii) The base station identifiers.
                            (iii) The date of installation.
                            (iv) The maximum, the average, the total, 
                        and the effective radiated power.
                            (v) The frequencies and modulation.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director and the Administrator a total of 
$50,000,000 per year for the first 7 fiscal years that begin after the 
date of the enactment of this Act to carry out this section.

SEC. 3. MAXIMUM EXPOSURE.

    (a) Establishment.--
            (1) In general.--The Administrator shall promulgate 
        regulations establishing maximum exposure level goals and 
        maximum exposure levels for exposure to electromagnetic fields 
        generated by mobile communication devices.
            (2) Goals and levels.--
                    (A) Maximum exposure level goal.--A maximum 
                exposure level goal established under paragraph (1) 
                shall be set at the level--
                            (i) at which no known or anticipated 
                        adverse human biological effects occur; and
                            (ii) which allows an adequate margin of 
                        safety.
                    (B) Maximum exposure level.--
                            (i) In general.--A maximum exposure level 
                        established under paragraph (1) shall specify a 
                        maximum exposure level which is as close to the 
                        maximum exposure level goal as feasible.
                            (ii) Specification.--In deriving the 
                        maximum exposure levels and maximum exposure 
                        level goals, the Administrator may not rely on 
                        any human behavior modification, including an 
                        expectation of holding the mobile communication 
                        device a specified distance away from the head 
                        or body.
            (3) Reproducibility.--In promulgating regulations under 
        paragraph (1), the Administrator shall ensure that any method 
        of measurement of a maximum exposure level goal or a maximum 
        exposure level is reproducible by an independent third party.
            (4) Initial goal and level; periodic review.--Not later 
        than 2 years after the date of enactment of this Act, the 
        Administrator shall promulgate final regulations under 
        paragraph (1) establishing initial maximum exposure level goals 
        and maximum exposure levels. Not later than every 2 years 
        thereafter, the Administrator shall--
                    (A) review each maximum exposure level goal and 
                maximum exposure level established under paragraph (1), 
                taking into consideration advances in science and 
                technology;
                    (B) publish a determination on whether the goal or 
                level should be revised under such paragraph; and
                    (C) as appropriate, revise the goal or level.
            (5) Considerations.--In promulgating regulations under 
        paragraph (1), the Administrator shall consider and account 
        for--
                    (A) whether any research relied upon by the 
                Administrator was funded by an entity whose 
                profitability could be affected by the outcome;
                    (B) health outcomes, biological effects, and 
                mechanisms, including--
                            (i) sleep disturbance;
                            (ii) depression;
                            (iii) tremors;
                            (iv) headache;
                            (v) dizziness;
                            (vi) fatigue;
                            (vii) irritability;
                            (viii) loss of memory;
                            (ix) loss of appetite;
                            (x) nausea;
                            (xi) visual disturbances;
                            (xii) hearing loss and tinnitus;
                            (xiii) increases in stress proteins;
                            (xiv) immune systems alterations;
                            (xv) cancers and tumors, including brain 
                        tumors and acoustic neuromas, parotid gland 
                        tumors, eye cancer, testicular cancer, breast 
                        cancer, head or neck melanoma, lymphoma, and 
                        leukemia;
                            (xvi) reproductive system effects;
                            (xvii) DNA breaks;
                            (xviii) blood brain barrier leakage; and
                            (xix) free radical formation;
                    (C) concerns raised by the Federal Radio Frequency 
                Interagency Working Group in its letter dated June 17, 
                1999, and its subsequent letter dated July 16, 2003, 
                about the existing exposure standard;
                    (D) vulnerable subpopulations, including children, 
                pregnant women, those with compromised immune systems 
                and hypersensitivity reactions, men and women of 
                reproductive age, and the elderly;
                    (E) non-thermal mechanisms of effects, including 
                low-intensity modulated fields;
                    (F) multiple exposures in indoor and outdoor 
                environments;
                    (G) measurements of exposure and dose including 
                specific absorption rate;
                    (H) exposure to extremely low frequency and static 
                electromagnetic fields;
                    (I) dose-response and non-dose-response analytic 
                models;
                    (J) the practice of averaging exposures over a 
                period of time which masks peak exposures that may 
                cause adverse biological effects;
                    (K) individual behaviors that lengthen, intensify, 
                or otherwise modify exposure in a way that increases 
                exposure or spreads exposure to different parts of the 
                body;
                    (L) the rapidly changing nature of usage of 
                electromagnetic field emitting products, including 
                trends towards products that increase duration of 
                exposure, such as a wearable mobile communication 
                device;
                    (M) effects of low intensity radiofrequency 
                electromagnetic fields;
                    (N) effects of modulation of signal, pulse, 
                frequency, amplitude, and power;
                    (O) effects of different signaling characteristics, 
                such as phased array exposure;
                    (P) effects of changes reflected in 
                electroencephalographies that could lead to seizures or 
                mood alterations;
                    (Q) effects of exposure to multiple frequencies of 
                radiofrequency electromagnetic fields;
                    (R) effects of extremely low frequency-modulated 
                electromagnetic fields; and
                    (S) effects of chronic exposure to radiofrequency 
                electromagnetic fields.
            (6) Interagency advisory committee.--The Administrator 
        shall--
                    (A) establish an interagency advisory committee of 
                individuals who are officers or employees of Federal 
                departments and agencies; and
                    (B) consult with the committee in establishing 
                maximum exposure level goals and maximum exposure 
                levels under paragraph (1), including with respect to 
                selecting a unit of measurement.
    (b) Implementation by FCC.--The Federal Communications Commission 
shall implement and enforce the standards adopted under subsection (a) 
as if the standards were promulgated by the Commission under the 
authority of the Communications Act of 1934.
    (c) Conflicts of Interest.--
            (1) Prohibition.--An officer or employee of the Federal 
        Government may not participate in establishing a maximum 
        exposure level goal or maximum exposure level under subsection 
        (a), may not serve as a member of the interagency advisory 
        committee established under subsection (a)(6), and may not 
        participate personally and substantially in the implementation 
        or enforcement of a maximum exposure level goal or maximum 
        exposure level under subsection (b), if such person is in 
        violation of section 208 of title 18, United States Code.
            (2) Penalty.--A violation of paragraph (1) shall be treated 
        as a violation of section 208(a) of title 18, United States 
        Code.
            (3) No exemptions.--An exemption under section 208(b) of 
        title 18, United States Code, may not be granted to an officer 
        or employee described in paragraph (1).
            (4) Relation to other provisions.--The prohibition of 
        paragraph (1) is in addition to the prohibition in section 
        208(a) of title 18, United States Code, and any other 
        prohibition or requirement in Federal law relating to conflicts 
        of interest.

SEC. 4. EXPOSURE STANDARD LABELING.

    The Commissioner shall promulgate regulations to provide for 
labeling of mobile communication devices as set forth in this section. 
Such labeling shall include the exposure rating of the device, the 
maximum allowable exposure level, and the maximum allowable exposure 
goal--
            (1) in a manner that is readily accessible upon regular use 
        of the device;
            (2) at any point of sale in a store in the United States;
            (3) at any point of sale on a Web site engaging in commerce 
        in the United States; and
            (4) on the outside packaging and in the instruction manual.

SEC. 5. REINVIGORATING AMERICAN RESEARCH IN ELECTROMAGNETIC RADIATION 
              AND HEALTH.

    (a) In General.--The Secretary shall expand and intensify the 
activities of the Department of Health and Human Services to train, and 
support the training of, scientists in the field of examining the 
relationship between electromagnetic fields and human health. In 
carrying out this subsection, the Secretary shall--
            (1) increase the number and size of grants to institutions 
        for such training; and
            (2) increase the number of career development awards for 
        such training for health professionals who intend to build 
        careers in pediatric basic and clinical research, including 
        pediatric pharmacological research.
    (b) National Research Service Awards.--Section 487 of the Public 
Health Service Act (42 U.S.C. 288; relating to Ruth L. Kirschstein 
National Research Service Awards) is amended--
            (1) in subsection (a)(1)(A)--
                    (A) in clause (iii), by striking ``and'' at the 
                end;
                    (B) in clause (iv), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(v) research in the field of examining the 
                relationship between electromagnetic fields and human 
                health at public entities and private nonprofit 
                academic institutions.''; and
            (2) by adding at the end the following:
    ``(d) There are authorized to be appropriated $15,000,000 for 
fiscal year 2013 and each subsequent fiscal year for research under 
subsection (a)(1)(A)(v). The amounts authorized to be appropriated 
under the preceding sentence are in addition to any other amounts 
authorized to be appropriated to carry out this section.''.
    (c) Loan Repayment Program.--Part G of title IV of the Public 
Health Service Act (42 U.S.C. 288 et seq.) is amended--
            (1) by redesignating the second section 487F (42 U.S.C. 
        288-6) as section 487G; and
            (2) by inserting after section 487G, as so redesignated, 
        the following:

``SEC. 487H. LOAN REPAYMENT PROGRAM FOR RESEARCHERS IN THE FIELD OF 
              EXAMINING THE RELATIONSHIP BETWEEN ELECTROMAGNETIC FIELDS 
              AND HUMAN HEALTH.

    ``(a) In General.--The Secretary, acting through the Director of 
the National Institutes of Health, shall establish a program to enter 
into contracts with qualified individuals under which such individuals 
agree to conduct research in the field of examining the relationship 
between electromagnetic fields and human health, in consideration of 
the Federal Government agreeing to repay, for each year of service 
conducting such research, not more than $35,000 of the principal and 
interest of the graduate educational loans of such individuals.
    ``(b) Application of Provisions.--The provisions of sections 338B, 
338C, and 338E shall, except as inconsistent with subsection (a) of 
this section, apply to the program established under subsection (a) to 
the same extent and in the same manner as such provisions apply to the 
National Health Service Corps Loan Repayment Program established in 
subpart III of part D of title III.
    ``(c) Definition.--To be qualified to receive a contract under 
subsection (a), an individual shall agree to conduct the research at a 
public or private nonprofit entity.
    ``(d) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $10,000,000 for fiscal year 2013 
and each subsequent fiscal year.''.

SEC. 6. CLARIFICATION OF LOCAL CONTROL RELATED TO HUMAN HEALTH.

    Section 332(c)(7)(B)(iv) of the Communications Act of 1934 (47 
U.S.C. 332(c)(7)(B)(iv)) is amended by striking ``radio frequency 
emissions'' and inserting ``radiofrequency emissions, excluding the 
adverse human health effects of emissions of radiofrequency 
electromagnetic fields,''.

SEC. 7. DEFINITIONS.

    For purposes of this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Commissioner.--The ``Commissioner'' means the 
        Commissioner of Food and Drugs.
            (3) Director.--The term ``Director'' means the Director of 
        the National Institute of Environmental Health Sciences.
            (4) Mobile communication device.--The term ``mobile 
        communication device'' means a device defined as a portable 
        device in section 2.1093(b) of title 47, Code of Federal 
        Regulations, and any transmissions from such device.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
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