[Senate Report 105-27]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 82
105th Congress                                                   Report
                                 SENATE

 1st Session                                                     105-27
_______________________________________________________________________


 
             ELECTRIC AND MAGNETIC FIELDS RESEARCH PROGRAM

                                _______
                                

                 June 12, 1997.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 363]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (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, reports favorably thereon without 
amendment, and recommends that the Act do pass.

                         Purpose of the Measure

    H.R. 363 would amend section 2118 of the Energy Policy Act 
of 1992 to extend the Electric and Magnetic Fields Research and 
Public Information Dissemination (EMF-RAPID) program.

                               Background

    Electric and magnetic fields (EMFs) are generated by 
electric current moving through wires or electrically powered 
devices. Every modern household contains wiring and electric 
appliances that produce EMFs.
    Beginning in the late 1970s, some epidemiologists suggested 
a relationship between elevated levels of certain cancers and 
the EMFs produced by the generation, transmission and use of 
electrical power. Other studies found no such link. 
Nonetheless, enough studies showed statistical links between 
EMFs and various forms of cancer to cause widespread public 
concern.
    In response to public concern, Congress set up the EMF-
RAPID program in 1992. Section 2118 of the Energy Policy Act of 
1992 (EPAct) authorized the EMF-RAPID program to 1) coordinate 
and carry out a limited research program to fill information 
gaps concerning the potential health effects of exposure to 
EMFs; 2) to achieve the kind of credibility with the public 
that previous research had not yet earned; and 3) to establish 
a process of consultation between federal agencies that would 
allow them to speak with one voice when communicating with the 
public about possible EMF effects. Funding for the EMF-RAPID 
program is evenly split between Federal and non-Federal 
sources. Non-Federal contributors include the American Public 
Power Association, Edison Electric Institute, Electric Power 
Research Institute, Empire State Electric Energy Research 
Corporation, National Association of Realtors, National 
Electrical Manufacturers Association, and the National Rural 
Electric Cooperative Association.
    The EMF-RAPID program was originally authorized at $65 
million (including the non-Federal share). To date, a Federal 
share of $19 million has been appropriated and $19 million has 
been provided by non-Federal contributions. A final $4 million 
Federal appropriation is requested in the President's FY 1998 
budget request. When matched with the final $4 million non-
Federal share, the total program cost (if the final year is 
authorized and the final $4 million is appropriated) will be 
$46 million. H.R. 363 lowers the total program authorization to 
$46 million.

                        Need for the Legislation

    Because EPAct was enacted after the completion of the FY 
1993 appropriations cycle, the EMF-RAPID program did not 
receive funding until FY 1994. Since the authorization expires 
on December 31, 1997, the program will terminate after four 
years instead of the five years originally envisioned. Without 
a one year extension, the Department of Energy and the National 
Institutes of Environmental Health Sciences (NIEHS) will have 
to truncate the program, jeopardizing the program elements (the 
concluding public workshops and risk assessment) necessary to 
ensure the credibility and public acceptance of the program's 
findings.
    A 1996 report prepared by the National Academy of Science's 
National Research Council reviewed EMF studies completed 
through 1994, but did not include any of the research funded by 
the RAPID program. The report stated that the RAPID program 
``is an important part of the research strategy for resolving 
the issues related to the possible biologic effects of 
magnetic-field exposure.''

                          Legislative History

    H.R. 363 was introduced in the House of Representatives on 
January 7, 1997. The measure was referred to the House 
Committee on Commerce, and the House Committee on Science. On 
April 21, 1997, H.R. 363 was reported to the House by both 
Committees, with amendments. On April 29, 1997, the measure 
passed the House by a roll call vote of 387-35.
    H.R. 363 was received in the Senate and read twice and 
referred to the Committee on Energy and Natural Resources on 
April 30, 1997. On May 19, 1997, hearings were held in the 
Subcommittee on Energy Research, Development, Production and 
Regulation.
    A markup was held June 11, 1997 on H.R. 363, at which time 
the Committee ordered the bill reported with a favorable 
recommendation.

            Committee Recommendation and Tabulation of Votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on June 11, 1997, by unanimous vote of a 
quorum present recommends that the Senate pass H.R. 363 without 
amendment.
    The rollcall vote on reporting the measure was 20 yeas, no 
nays as follows:
        YEAS                          NAYS
Mr. Murkowski
Mr. Domenici
Mr. Nickles
Mr. Craig
Mr. Campbell
Mr. Thomas
Mr. Kyl
Mr. Grams
Mr. Smith
Mr. Gorton
Mr. Burns \1\
Mr. Bumpers
Mr. Ford
Mr. Bingaman \1\
Mr. Akaka \1\
Mr. Dorgan \1\
Mr. Graham \1\
Mr. Wyden
Mr. Johnson \1\
Mrs. Landrieu

    \1\ Indicates voted by proxy.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 363.
    This bill simply extends an existing, cost-shared research 
and public information program for a period of one year. Thus, 
it is not a regulatory measure in the sense of imposing 
Government established standards of significant economic 
responsibilities on private individuals and businesses. No 
personal information would be collected in administering the 
program. Therefore, there would be no impact on personal 
privacy. Little if any additional paperwork would result from 
the enactment of H.R. 363.

                        Chances in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the Act H.R. 363, as ordered 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) * * *
                  (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 and 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] $46,000,000 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.