[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1665 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1665

 To direct the Secretary of Energy to establish labeling requirements 
      for products that emit low-frequency electromagnetic fields.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 2, 1993

  Mrs. Byrne introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of Energy to establish labeling requirements 
      for products that emit low-frequency electromagnetic fields.

    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 ``Electromagnetic Labeling Act of 
1993''.

SEC. 2. LABELING REQUIREMENTS FOR PRODUCTS THAT EMIT ELECTROMAGNETIC 
              FIELDS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Energy shall establish uniform 
labeling requirements for each product described in subsection (b).
    (b) Covered Products.--The products referred to in subsection (a) 
are--
            (1) products that emit low-frequency electric and magnetic 
        fields of which the strength is not less than 100 millivolts 
        per meter and 1 Gauss, respectively, when measured at a 
        distance which is one inch from the product; and
            (2) any other products the Secretary of Energy classifies 
        as a covered product under this section in order to carry out 
        this Act.
    (c) Labeling Content.--The labeling required for a product under 
the requirements established pursuant to subsection (a) shall--
            (1) contain information regarding the strength of the low-
        frequency electromagnetic fields emitted by the product;
            (2) reasonably enable the purchaser and user of the product 
        to make choices and comparisons among products; and
            (3) be simple, placed on the outside of the product, and, 
        where appropriate, consolidated with other labels providing 
        information to the purchaser and user.
    (d) Consultation.--In establishing labeling requirements pursuant 
to subsection (a), the Secretary of Energy shall consult with the 
Federal Trade Commission, the Secretary of Commerce, leaders of 
affected industry, and consumer organizations.

SEC. 3. REQUIREMENTS OF MANUFACTURERS.

    Each manufacturer of a product described in section 2(b) shall--
            (1) provide a label for the product which meets the 
        requirements established pursuant to section 2(a) and contains 
        the labeling content described in section 2(c);
            (2) maintain data derived from tests conducted on the 
        product for the strength of emitted electromagnetic fields; and
            (3) annually submit to the Secretary of Energy, at a time 
        specified by the Secretary, the data described in paragraph 
        (2).

SEC. 4. CIVIL PENALTIES.

    (a) In General.--The Secretary of Energy may impose a civil penalty 
against a manufacturer of a product described in section 2(b) who 
commits a violation described in subsection (b). The amount of a civil 
penalty imposed under this subsection may not exceed--
            (1) $100 for each violation described in subsection (b)(1); 
        and
            (2) $100 for each day during which a violation described in 
        paragraphs (2) and (3) of subsection (b) occurs.
    (b) Violations for Which Penalties May Be Imposed.--For purposes of 
subsection (a), a violation shall be any of the following:
            (1) A failure by the manufacturer of a product described in 
        section 2(b) to provide the label described in section 3(1).
            (2) A failure by the manufacturer of a product described in 
        section 2(b) to maintain the data described in section 3(2).
            (3) A failure by the manufacturer of a product described in 
        section 2(b) to make a submission described in section 3(3).
    (c) Procedures for Imposition of Civil Penalties.--
            (1) Notice.--Before issuing an order assessing a civil 
        penalty against a manufacturer under this section, the 
        Secretary of Energy shall provide to the manufacturer a notice 
        of the proposed penalty. The notice shall provide information 
        regarding the opportunity of the manufacturer to make an 
        election in writing within 30 days after the receipt of the 
        notice to have the procedures of paragraph (3) (in lieu of the 
        procedures of paragraph (2)) apply to the assessment of the 
        penalty.
            (2) Assessment after a hearing on the record.--
                    (A) In general.--Unless an election described in 
                paragraph (1) is made, the Secretary of Energy shall 
                assess a penalty under this section by order, after a 
                determination of a violation has been made on the 
                record after an opportunity for a hearing in accordance 
                with section 554 of title 5, United States Code before 
                an administrative law judge appointed under section 
                3105 of such title. The assessment order shall include 
                the findings of the administrative law judge and the 
                basis for the assessment.
                    (B) Appeal.--A manufacturer against whom a penalty 
                is assessed under subparagraph (A) may, within 60 
                calendar days after the date of the order assessing the 
                penalty, institute an action in the United States court 
                of appeals for the appropriate judicial circuit for 
                judicial review of the order in accordance with chapter 
                7 of such title. The court shall have jurisdiction to 
                enter a judgment affirming, modifying, or setting aside 
                in whole or in part the order of the Secretary of 
                Energy, or the court may remand the proceeding to the 
                Secretary for such further action as the court may 
                direct.
            (3) Summary assessment.--
                    (A) In general.--In the case of a civil penalty 
                with respect to which an election described in 
                paragraph (1) is made, the Secretary of Energy shall 
                promptly assess the penalty by order, after the date of 
                the receipt of the notice under paragraph (1) of the 
                proposed penalty.
                    (B) Action to affirm the assessment.--If the civil 
                penalty has not been paid within 60 days after the 
                assessment order has been made under subparagraph (A), 
                the Secretary of Energy shall institute an action in 
                the appropriate district court of the United States for 
                an order affirming the assessment of the penalty. The 
                court shall have authority to review de novo the law 
                and the facts involved, and shall have jurisdiction to 
                enter a judgment enforcing, modifying, and enforcing as 
                so modified, or setting aside in whole or in part, the 
                assessment of the penalty.
                    (C) Revocation of election.--Any election to have 
                this paragraph apply may not be revoked except with the 
                consent of the Secretary of Energy.

SEC. 5. REGULATIONS.

    The Secretary of Energy shall issue any regulations necessary to 
carry out this Act.

SEC. 6. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``electromagnetic fields'' means the electric 
        fields and magnetic fields produced by a product described in 
        section 2(b).
            (2) The term ``electric fields'' means fields of which the 
        strength is determined by the voltage and is measured in volts 
        per meter.
            (3) The term ``low-frequency'' means a frequency of 60 
        cycles per second or 60 Hertz.
            (4) The term ``magnetic fields'' means fields of which the 
        strength is determined by the amount of flowing current and is 
        measured in Gauss.

                                 <all>