[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4673 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4673

    To require warning labels on consumer products containing radio 
       frequency identification devices, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 2004

 Mr. Kleczka introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    To require warning labels on consumer products containing radio 
       frequency identification 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 ``Opt Out of ID Chips Act''.

SEC. 2. DISCLOSURE OF RADIO FREQUENCY IDENTIFICATION DEVICE IN RETAIL 
              MERCHANDISE.

    (a) In General.--Not later than 6 months after the date of the 
enactment of this Act, the Federal Trade Commission shall promulgate a 
rule under section 18(a) of the Federal Trade Commission Act (15 U.S.C. 
57a(a)) providing that it shall be an unfair or deceptive act or 
practice under section 5 of such Act (15 U.S.C. 45) to sell at retail 
any product containing a radio frequency identification device (RFID) 
unless--
            (1) such product bears a label meeting the requirements of 
        subsection (b); and
            (2) the person purchasing such product is provided with the 
        option of having such device removed from the product or 
        permanently disabled at the time of purchase.
    (b) Requirement for Warning Label.--The product label required by 
subsection (a) shall--
            (1) state, at a minimum, that the product contains a radio 
        frequency identification device, and that such device can be 
        used to track the product and transmit unique identification 
        information to an independent reader both before and after 
        purchase;
            (2) notify the consumer of such consumer's right to have 
        such device removed from the product or permanently disabled at 
        the time of purchase; and
            (3) be in a conspicuous type-size and location and in print 
        that contrasts with the background against which it appears.
    (c) Definition.--In this Act, the term ``radio frequency 
identification device'' (or ``RFID'') means a device that acts as a 
transponder and enables data to be transmitted through a radio signal 
to a receiver and that is placed in a product to provide 
identification, tracking, or other information about the product or the 
consumer of the product.
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