[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1982 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 1982
To direct the Secretary of Energy to establish labeling requirements
for products that emit low-frequency electromagnetic fields.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 5, 1993
Ms. 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 volts 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.
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