[House Report 105-60]
[From the U.S. Government Publishing Office]



105th Congress                                             Rept. 105-60
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     Part 1
_______________________________________________________________________


 
     ELECTRIC AND MAGNETIC FIELDS RESEARCH AND PUBLIC INFORMATION 
                             DISSEMINATION

                                _______
                                

 April 21, 1997.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Bliley, from the Committee on Commerce, submitted the following

                              R E P O R T

                        [To accompany H.R. 363]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, to whom was referred the bill 
(H.R. 363) to amend section 2118 of the Energy Policy Act of 
1992 to extend the Electric and Magnetic Fields Research and 
Public Information Dissemination program, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     4
Rollcall Votes...................................................     4
Committee Oversight Findings.....................................     4
Committee on Government Reform and Oversight.....................     4
New Budget Authority and Tax Expenditures........................     4
Committee Cost Estimate..........................................     4
Congressional Budget Office Estimate.............................     4
Federal Mandates Statement.......................................     6
Advisory Committee Statement.....................................     6
Constitutional Authority Statement...............................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     7

    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. AMENDMENTS.

    Section 2118 of the Energy Policy Act of 1992 (42 U.S.C. 13478) is 
amended in subsections (c)(5), (e)(5), (g)(3)(B), (j)(1), and (l) by 
striking ``1997'' each place it appears and inserting in lieu thereof 
``1998''.

                          Purpose and Summary

    The purpose of H.R. 363 is to amend section 2118 of the 
Energy Policy Act of 1992 and extend the Electric and Magnetic 
Fields Research and Public Information Dissemination program.

                  Background and Need for Legislation

    Section 2118 of the Energy Policy Act of 1992 (EPAct) 
authorized the Electric and Magnetic Fields (EMF) Research and 
Public Information Dissemination (RAPID) program. This program 
was established as a response to ongoing public concerns about 
the possible adverse health effects resulting from exposure to 
EMF. The objectives of the RAPID program are to: (1) determine 
whether or not exposure to EMF produced by the generation, 
transmission, and use of electric energy affects human health; 
(2) carry out research, development, and demonstration with 
respect to technologies to mitigate any adverse human health 
effects; and (3) provide for dissemination of information to 
the public. This research program is conducted jointly by the 
Department of Energy and the National Institute of 
Environmental Health Sciences (NIEHS).
    The RAPID program provides for improved coordination of the 
EMF programs of various Federal agencies. The EPAct directed 
the President to establish an Interagency Committee composed of 
representatives from nine Federal agencies: the Department of 
Energy; the National Institute of Environmental Health 
Sciences; the Environmental Protection Agency; the Department 
of Defense; the Occupational Safety and Health Administration; 
the National Institute of Standards and Technology; the 
Department of Transportation, the Rural Utilities Service; and 
the Federal Energy Regulatory Commission. This coordination 
effort was established by the EPAct out of recognition that 
Federal agencies had been distributing conflicting information. 
Since its inception, the interagency coordination effort seems 
to have been effective. The EPAct also established a National 
Electric and Magnetic Fields Advisory Committee to make 
recommendations to the Interagency Committee.
    The EMF RAPID program was authorized by the EPAct at a 
level of $65 million for the period FY 1993-FY 1997. However, 
because the EPAct was enacted after the completion of the FY 
1993 appropriations cycle, the program did not receive funding 
until FY 1994. Since the authorization expires at the end of FY 
1997, the program will terminate after four years, instead of 
the five-year period originally envisioned. The program is 
currently on target and meeting its goals, but the fifth year 
of funding for the program would permit the program to proceed 
to its appropriate conclusion. According to testimony presented 
at the hearing held by the Subcommittee on Energy and Power, 
termination of the program after four years would make it very 
difficult to achieve the goals Congress established in 1992.
    The EPAct requires the Interagency Committee to submit to 
Congress a final report stating the Committee's findings and 
conclusions on the effects, if any, of EMF on human health and 
remedial actions, if any, that may be needed to minimize any 
such health effects. The EMF RAPID research program, which was 
developed by the Interagency Committee with input from the EMF 
Advisory Committee, is based on five years of funding. 
Significantly, the research program is moving into the risk 
assessment stage, which is the area of greatest public concern. 
NIEHS has developed the strategy for evaluating data related to 
EMF health effects research. The risk assessment strategy is 
expected to provide the RAPID program with a competent review 
and evaluation of the EMF health research. Researchers and 
stakeholders believe that if the RAPID program is not extended 
through FY 1998, the credibility achieved so far will be 
jeopardized.
    Termination of the RAPID program after the fourth year will 
also have an impact on the effectiveness of the public 
information dissemination program. Plainly, the most 
significant area of public interest in EMF is information 
relating to the possible human health effects of EMF exposure. 
However, risk assessment is the focus of the fifth year of the 
RAPID research program. According to testimony presented at the 
hearing held by the Subcommittee on Energy and Power, 
termination of the RAPID program before the completion of the 
program's risk assessment research will diminish the value of 
the public information dissemination program.
    Significantly, the cost of the RAPID program will be much 
less than originally projected. As indicated above, the program 
was authorized at $65 million over the period FY 1993-FY 1997. 
However, it is now projected that a five-year RAPID program 
will cost nearly $20 million less than originally estimated--
about $46 million instead of $65 million. In addition, the 
RAPID program is a cost-share program. Fifty percent of the 
funding for the RAPID program comes from non-Federal sources, 
including electric utilities, equipment manufacturers, 
realtors, and other interested parties. Over the course of the 
five-year authorization, the Federal government and the non-
Federal contributors to the program will each provide $23 
million for the RAPID program. A $4 million Federal 
appropriation will be sought for the concluding fifth year of 
the program. That appropriation will be matched by a non-
Federal contribution in the same amount.

                                Hearings

    The Subcommittee on Energy and Power held a hearing on H.R. 
363 on February 26, 1997. The Subcommittee received testimony 
from Mr. Eric Fygi, Deputy General Counsel, U.S. Department of 
Energy; and Mr. Charles Boeggeman, Senior Engineer, PECO Energy 
Company, on behalf of the Edison Electric Institute, the 
American Public Power Association, the National Rural Electric 
Cooperative Association, and the National Electrical 
Manufacturers Association.

                        Committee Consideration

    On February 26, 1997, the Subcommittee on Energy and Power 
met in open markup session and approved H.R. 363 for Full 
Committee consideration, amended, by a voice vote.
    The Full Committee met in open markup session on March 5, 
1997, and ordered H.R. 363 reported to the House, as amended, 
by a voice vote.

                             Rollcall Votes

    Clause 2(l)(2)(B) of rule XI of the Rules of the House 
requires the Committee to list the recorded votes on the motion 
to report legislation and amendments thereto. There were no 
recorded votes taken in connection with ordering H.R. 363 
reported. A motion by Mr. Bliley to order H.R. 363 reported to 
the House, as amended, was agreed to by a voice vote, a quorum 
being present.

                      Committee Oversight Findings

    Pursuant to clause 2(l)(3)(A) of rule XI of the Rules of 
the House of Representatives, the Committee held a legislative 
hearing and made findings that are reflected in this report.

              Committee on Government Reform and Oversight

    Pursuant to clause 2(l)(3)(D) of rule XI of the Rules of 
the House of Representatives, no oversight findings have been 
submitted to the Committee by the Committee on Government 
Reform and Oversight.

               New Budget Authority and Tax Expenditures

    In compliance with clause 2(l)(3)(B) of rule XI of the 
Rules of the House of Representatives, the Committee finds that 
H.R. 363 would result in no new or increased budget authority 
or tax expenditures or revenues.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 403 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 2(l)(3)(C) of rule XI of the Rules of 
the House of Representatives, the following is the cost 
estimate provided by the Congressional Budget Office pursuant 
to section 403 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, March 6, 1997.
Hon. Tom Bliley,
Chairman, Committee on Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 363, a bill to 
amend section 2118 of the Energy Policy Act of 1992 to extend 
the Electric and Magnetic Fields Research and Public 
Information Dissemination program.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Kathleen 
Gramp.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

H.R. 363--A bill to amend section 2118 of the Energy Policy Act of 1992 
        to extend the Electric and Magnetic Fields Research and Public 
        Information Dissemination Program

    Summary: H.R. 363 would provide a one-year extension for a 
multiyear initiative focused on the health effects of electric 
and magnetic fields. This interagency research effort, which is 
funded jointly with the private sector, is administered by the 
Department of Energy (DOE). The current authorization allows 
the appropriation of up to $65 million over a multiyear period 
ending in 1997, provided that nonfederal sources match the 
federal funds. Since the program's inception in 1993, 
appropriations have totaled $20 million and have been matched 
by a corresponding amount of nonfederal support. Enacting this 
bill would enable the program to receive funding through 1998, 
subject to the conditions in existing law.
    Assuming funds are appropriated for these activities in 
1998, CBO estimates that enacting H.R. 363 would result in 
additional discretionary spending of $4 million over the 1998-
2002 period. The legislation would not affect direct spending 
or receipts; therefore, pay-as-you-go procedures would not 
apply. The legislation does not contain any intergovernmental 
or private-sector mandates as defined in the Unfunded Mandates 
Reform Act of 1995.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 363 is shown in the table on the 
following page. For purposes of this estimate, CBO assumes that 
appropriations for this program would total $4 million in 1998, 
the amount provided under current law for 1997, and that this 
amount would be matched by nonfederal sources. We assume 
outlays would follow historical spending patterns for such 
research and assessment activities at DOE.

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, in millions of dollars--   
                                                                 -----------------------------------------------
                                                                   1997    1998    1999    2000    2001    2002 
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION                                       
                                                                                                                
Spending Under Current Law:                                                                                     
    Budget authority \1\........................................       4       0       0       0       0       0
    Estimated outlays...........................................       5       2       1       0       0       0
Proposed Changes:                                                                                               
    Authorization level.........................................       0       4       0       0       0       0
    Estimated outlays...........................................       0       2       1       1       0       0
Spending Under H.R. 363:                                                                                        
    Authorization level \1\.....................................       4       4       0       0       0       0
    Estimated outlays...........................................       5       4       2       1       0       0
----------------------------------------------------------------------------------------------------------------
\1\ The 1997 level is the amount appropriated for that year.                                                    

    The costs of this legislation fall within budget function 
270 (energy).
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 363 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act of 1995, and would 
not impose any costs on state, local, or tribal governments.
    Estimate prepared by: Kathleen Gramp.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                       Federal Mandates Statement

    Pursuant to section 423 of the Unfunded Mandates Reform 
Act, the Committee finds that the bill contains no private-
sector or intergovernmental mandates and agrees with the 
Director of the Congressional Budget Office that the bill would 
not impose any cost on State, local or tribal governments.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation

                         Section 1. Amendments

    This section amends section 2118 of the Energy Policy Act 
of 1992 (42 U.S.C. 13478) by striking ``1997'' in subsections 
(c)(5), (e)(5), (g)(3)(B), (j)(1), and (l) and inserting in 
lieu thereof ``1998.'' The amendment to subsection (c)(5) 
changes the date when the Director of the National Institute of 
Environmental Health Sciences is directed to report to the 
Interagency Committee and the Congress on the extent to which 
exposure to electric and magnetic fields produced by the 
generation, transmission, or use of electric energy affects 
human health from March 31, 1997, to March 31, 1998. The 
amendment to subsection (e)(5) changes the date when the 
National Electric and Magnetic Fields Advisory Committee 
terminates from December 31, 1997, to December 31, 1998. The 
amendment to subsection (g)(3)(B) changes the date when the 
Interagency Committee is directed to submit its final report to 
the Secretary of Energy and the Congress from no later than 
September 30, 1997, to no later than September 30, 1998. The 
amendment to subsection (j)(1) changes the general 
authorization for the RAPID program from FY 1993-FY 1997 to FY 
1993-FY 1998. The amendment to subsection (l) changes the 
sunset for the RAPID program from December 31, 1997, to 
December 31, 1998.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

             SECTION 2118 OF THE ENERGY POLICY ACT OF 1992

SEC. 2118. ELECTRIC AND MAGNETIC FIELDS RESEARCH AND PUBLIC INFORMATION 
                    DISSEMINATION PROGRAM.

  (a) * * *
          * * * * * * *
  (c) Role of the Director.--
          (1) * * *
          * * * * * * *
          (5) Report.--The Director shall report, by June 1, 
        1995, and by March 31, [1997] 1998, and as appropriate, 
        to the Interagency Committee established under 
        subsection (d) and to Congress the findings and 
        conclusions of the Director on the extent to which 
        exposure to electric and magnetic fields produced by 
        the generation, transmission, or use of electric energy 
        affects human health.
          * * * * * * *
  (e) Advisory Committee.--
          (1) * * *
          * * * * * * *
          (5) The Advisory Committee shall terminate not later 
        than December 31, [1997] 1998.
          * * * * * * *
  (g) Reports.--
          (1) * * *
          * * * * * * *
          (3) Report to congress.--The Interagency Committee, 
        in consultation with the Advisory Committee, shall 
        submit to the Secretary and the Congress--
                  (A) not later than December 31, 1995, a 
                report summarizing the progress of the research 
                program established under this subsection; and
                  (B) not later than September 30, [1997] 1998, 
                a final report stating the Committee's findings 
                and conclusions on the effects, if any, of 
                electric and magnetic fields on human health 
                and remedial actions, if any, that may be 
                needed to minimize any such health effects.
          * * * * * * *
  (j) Authorization of Appropriations.--
          (1) General authorization.--There are authorized to 
        be appropriated to the Secretary a total of $65,000,000 
        for the period encompassing fiscal years 1993 through 
        [1997] 1998 to carry out the provisions of this 
        section, except that not more than $1,000,000 may be 
        expended in any such fiscal year for activities under 
        subsection (b)(1). Any amounts appropriated pursuant to 
        this paragraph shall remain available until expended.
          * * * * * * *
  (l) Sunset Provision.--All authority under this section shall 
expire on December 31, [1997] 1998.