
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13478]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 134--ENERGY POLICY
 
                  SUBCHAPTER IX--ENERGY AND ENVIRONMENT
 
                 Part B--Electricity Generation and Use
 
Sec. 13478. Electric and magnetic fields research and public 
        information dissemination program
        

(a) Program

    The Secretary shall, in accordance with this section (including the 
agenda developed under subsection (d)(1)(A) of this section) and within 
2 months after October 24, 1992, establish a comprehensive program to--
        (1) determine whether or not exposure to electric and magnetic 
    fields 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 described in 
    subsection (b)(1) of this section to the public.

(b) Contents

    The program shall provide for--
        (1) collection, compilation, publication, and dissemination of 
    scientifically valid information on--
            (A) possible human health effects of electric and magnetic 
        fields;
            (B) the types and extent of human exposure to electric and 
        magnetic fields in various occupational and residential 
        settings;
            (C) technologies to measure and characterize electric and 
        magnetic fields; and
            (D) methods to assess and manage exposure to electric and 
        magnetic fields;

        (2)(A) research on mechanisms by which electric and magnetic 
    fields interact with biological systems; and
        (B) epidemiological research on the possible human health 
    effects of electric and magnetic fields; and
        (3) research, development, and demonstration with respect to--
            (A) technologies to improve the measurement and 
        characterization of electric and magnetic fields; and
            (B) techniques to assess and manage exposure to electric and 
        magnetic fields.

(c) Role of Director

                        (1) Role of Director

        The Secretary of Health and Human Services, acting through the 
    Director, shall have sole responsibility under the program for 
    research on possible human health effects of electric and magnetic 
    fields. The Director may delegate this responsibility to the extent 
    the Director determines appropriate.

                            (2) Agreement

        Within 6 months after October 24, 1992, the Secretary shall 
    enter into an agreement with the Secretary of Health and Human 
    Services to carry out, through the Director, the information 
    activities under subsection (b)(1)(A) of this section and the 
    research under subsection (b)(2) of this section.

                       (3) Actions of Director

        The actions of the Director in carrying out research and 
    information responsibilities under this section shall not be subject 
    to approval by the Secretary.

                        (4) Transfer of funds

        The Secretary is authorized, subject to appropriations Acts, to 
    transfer funds to the Director to carry out the Director's 
    responsibilities under paragraph (2).

                             (5) Report

        The Director shall report, by June 1, 1995, and by March 31, 
    1998, and as appropriate, to the Interagency Committee established 
    under subsection (d) of this section 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.

(d) Interagency Committee

    (1) The President shall, within 2 months after October 24, 1992, 
establish the Electric and Magnetic Fields Interagency Committee to--
        (A) develop within 8 months after October 24, 1992, a 
    comprehensive agenda for conducting research, development, and 
    demonstration under the program, with particular emphasis on 
    electric and magnetic fields of the 60 hertz frequency;
        (B) develop recommendations, within 8 months after October 24, 
    1992, for guidelines for the coordination of activities of Federal 
    agencies engaged in research on human health effects of electric and 
    magnetic fields that ensure that such research advances the agenda 
    under subparagraph (A) and is not unnecessarily duplicative of other 
    research activities;
        (C) develop recommendations, within 8 months after October 24, 
    1992, for mechanisms for communication of the results of the program 
    to the public, including recommendations on the scope and nature of 
    the information to be disseminated; and
        (D) monitor, review and periodically evaluate the program.

    (2)(A) The Interagency Committee shall be composed of 9 members with 
1 member to be appointed from each of the following:
        (i) The Department of Energy.
        (ii) The National Institute of Environmental Health Sciences.
        (iii) The Environmental Protection Agency.
        (iv) The Department of Defense.
        (v) The Occupational Safety and Health Administration.
        (vi) The National Institute of Standards and Technology.
        (vii) The Department of Transportation.
        (viii) The Rural Electrification Administration.
        (ix) The Federal Energy Regulatory Commission.

    (B) The Interagency Committee shall elect a chairperson from among 
its members who shall be responsible for ensuring that the duties of the 
Interagency Committee are carried out.
    (C) Agencies that have members on the Interagency Committee shall 
provide appropriate staff to carry out the duties of the Interagency 
Committee.

(e) Advisory Committee

    (1) Not later than 2 months after October 24, 1992, the Secretary of 
Health and Human Services and the Secretary shall establish the National 
Electric and Magnetic Fields Advisory Committee in accordance with the 
Federal Advisory Committee Act [5 App. U.S.C.] and this section.
    (2) The Advisory Committee shall make recommendations to the 
Interagency Committee with respect to the duties of the Interagency 
Committee under subsection (d)(1) of this section and advise the 
Secretary and the Director with respect to the design and implementation 
of the program, including preparation of solicitations for proposals to 
conduct research under the program.
    (3) The Advisory Committee shall be composed of 10 members, chosen 
from among experts in possible human health effects of electric and 
magnetic fields, experts in the measurement and characterization of 
electric and magnetic fields, experts in the assessment and management 
of electric and magnetic fields, State regulatory agencies, State health 
agencies, electric utilities, electric equipment manufacturers, labor 
unions and the public. Five members shall be chosen by the Secretary of 
Health and Human Services in consultation with the Director, and 5 
members shall be chosen by the Secretary.
    (4) The Advisory Committee shall elect a chairperson from among its 
members who shall be responsible for ensuring that the duties of the 
Advisory Committee are carried out.
    (5) The Advisory Committee shall terminate not later than December 
31, 1998.

(f) Financial assistance

    (1) The Secretary and the Director may provide financial assistance 
and enter into contracts to conduct activities under the program.
    (2) The Secretary shall solicit contributions from non-Federal 
sources to offset at least 50 percent of the total funding for all 
activities under the program. The Secretary shall adopt procedures, 
including a mechanism for collecting contributions, that ensures that no 
contributor of non-Federal funds may influence the program.
    (3) The Secretary may not obligate funds under this section in any 
fiscal year unless funds received from non-Federal sources under 
paragraph (2) are available to offset at least 50 percent of the 
appropriations made under subsection (j) of this section for such fiscal 
year.
    (4) Solicitation and selection of proposals
        (A) In general.--Within 15 months after October 24, 1992, and as 
    often thereafter as appropriate, the Secretary and the Director 
    shall, in consultation with the Interagency Committee, solicit and 
    select proposals to conduct activities under the program.
        (B) Consultation with advisory committee.--In preparing 
    solicitations for proposals to conduct activities, the Secretary and 
    the Director shall consult with the Advisory Committee.
        (C) Peer review panels.--Before a proposal to conduct activities 
    under the program may be selected by the Secretary or the Director, 
    such proposal must be submitted to, and evaluated by, at least one 
    scientific and technical peer review panel.

(g) Reports

               (1) Report upon completion of activity

        Any person who conducts activities under the program shall, upon 
    completion of the activity, submit to the National Academy of 
    Sciences, the Interagency Committee, and the Advisory Committee a 
    report summarizing the activities and results thereof.

     (2) Report to Interagency Committee and Advisory Committee

        The Secretary shall enter into appropriate arrangements with the 
    National Academy of Sciences under which the Academy shall 
    periodically submit to the Interagency Committee and the Advisory 
    Committee a report that evaluates the research activities under the 
    program. The report shall include recommendations to promote the 
    effective transfer of information derived from such research 
    projects, including the transfer to representatives of State 
    regulatory agencies, State health agencies, electric utilities, 
    electrical equipment manufacturers, labor unions, and the public. 
    The Secretary shall be responsible for expenses incurred by the 
    Academy in connection with the preparation of such reports.

                       (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, 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.

(h) Conflicts of interest

    The Secretary and the Director shall include conflict of interest 
provisions in any grant or other funding provided, or contract entered 
into, under the research program established under this section 
including provisions--
        (1) that require any person conducting a project under such 
    program to disclose any other source of funding received by the 
    person to conduct other related projects, including funding received 
    from consulting on issues relating to electric and magnetic fields; 
    and
        (2) that prohibit a person who has been awarded a grant or 
    contract under this program from receiving compensation beyond 
    expenses for testifying in a court of law as an expert on the 
    specific research the person is conducting under such grant or 
    contract.

(i) Definitions

    For purposes of this section:
        (1) The term ``Advisory Committee'' means the National Electric 
    and Magnetic Fields Advisory Committee established under subsection 
    (e) of this section.
        (2) The term ``Interagency Committee'' means the Electric and 
    Magnetic Fields Interagency Committee established under subsection 
    (d) of this section.
        (3) The term ``Director'' means the Director of the National 
    Institute of Environmental Health Sciences.
        (4) The term ``program'' means the electric and magnetic fields 
    research and public information dissemination program established in 
    subsection (a) of this section.
        (5) The term ``State'' means each of the 50 States, the District 
    of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of 
    the Northern Mariana Islands, Guam, the Virgin Islands, American 
    Samoa, the Trust Territory of the Pacific Islands, and any other 
    commonwealth, territory, or possession of the United States.

(j) Authorization of appropriations

                      (1) General authorization

        There are authorized to be appropriated to the Secretary a total 
    of $46,000,000 for the period encompassing fiscal years 1993 through 
    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) of this section. Any amounts 
    appropriated pursuant to this paragraph shall remain available until 
    expended.

                  (2) Restrictions on use of funds

        (A) Administrative expenses of certain funding recipients

            Of the total funds provided to any institution under this 
        section, the amount of such funds that may be used for the 
        administrative indirect costs of the institution may not exceed 
        26 percent of the modified direct costs of the project.

        (B) Administrative expenses of the Secretary and the Director

            Of the total amount of funds made available under this 
        section for any fiscal year, not more than 10 percent of such 
        funds may be used for authorized administrative expenses of the 
        Secretary and the Director in carrying out this section.

        (C) Construction and rehabilitation of facilities and equipment

            Funds made available under this section may not be used for 
        the construction or rehabilitation of facilities or fixed 
        equipment.

(k) Sense of Congress

    It is the sense of the Congress that remedial action taken by the 
Government on electric and magnetic fields, if and as necessary, should 
be based on, and consistent with, scientifically valid research such as 
the results and findings of the research authorized by this Act.

(l) Sunset provision

    All authority under this section shall expire on December 31, 1998.

(Pub. L. 102-486, title XXI, Sec. 2118, Oct. 24, 1992, 106 Stat. 3075; 
Pub. L. 105-23, Sec. 1, July 3, 1997, 111 Stat. 237.)

                       References in Text

    The Federal Advisory Committee Act, referred to in subsec. (e)(1), 
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set 
out in the Appendix to Title 5, Government Organization and Employees.
    This Act, referred to in subsec. (k), is Pub. L. 102-486, Oct. 24, 
1992, 106 Stat. 2776, known as the Energy Policy Act of 1992. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 13201 of this title and Tables.


                               Amendments

    1997--Subsecs. (c)(5), (e)(5), (g)(3)(B). Pub. L. 105-23, Sec. 1(1), 
substituted ``1998'' for ``1997''.
    Subsec. (j)(1). Pub. L. 105-23 substituted ``$46,000,000'' for 
``$65,000,000'' and ``1998'' for ``1997''.
    Subsec. (l). Pub. L. 105-23, Sec. 1(1), substituted ``1998'' for 
``1997''.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.
