Cell Phone Right to Know Act - Requires the Director of the National Institute of Environmental Health Sciences and the Administrator of the Environmental Protection Agency (EPA) to: (1) 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 vulnerable subpopulations such as children, pregnant women, those with compromised immune systems and hypersensitivity reactions, men and women of reproductive age, and the elderly; (2) disseminate research results to the general public; and (3) report findings and conclusions to Congress.
Directs the Federal Communications Commission (FCC) to 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.
Directs the EPA to promulgate regulations establishing maximum exposure level goals and maximum exposure levels for exposure to electromagnetic fields generated by mobile communication devices.
Directs the Commissioner of Food and Drugs (FDA) to promulgate regulations to provide for labeling (including exposure ratings and the maximum allowable exposure levels and goals) on mobile communication devices, packaging, instruction manuals, and at points of sale in stores and on websites.
Requires the Secretary of Health and Human Services (HHS) to increase: (1) the number and size of grants to institutions for training scientists in the field of examining the relationship between electromagnetic fields and human health; and (2) the number of career development awards for such training for health professionals pursuing careers in pediatric basic and clinical research, including pediatric pharmacological research.
Amends the Public Health Service Act to establish a graduate educational loan repayment program and authorize national awards for researchers in such fields.
Amends the Communications Act of 1934 with respect to the prohibition on state or local government zoning regulation of personal wireless service facilities on the basis of the environmental effects of radiofrequency emissions. Excludes from such prohibition state or local regulation based on the adverse human health effects of emissions of radiofrequency electromagnetic fields.
[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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
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