[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.