[House Report 113-575]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-575
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ENHANCE LABELING, ACCESSING, AND BRANDING OF ELECTRONIC LICENSES ACT OF
2014
_______
September 8, 2014.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Upton, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 5161]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 5161) to promote the non-exclusive use of
electronic labeling for devices licensed by the Federal
Communications Commission, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 2
Statement of General Performance Goals and Objectives............ 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 3
Committee Cost Estimate.......................................... 3
Congressional Budget Office Estimate............................. 3
Federal Mandates Statement....................................... 4
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings.............................. 4
Advisory Committee Statement..................................... 4
Applicability to Legislative Branch.............................. 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose and Summary
H.R. 5161, the ``Enhance Labeling, Accessing, and Branding
of Electronic Licenses Act of 2014,'' authorizes the Federal
Communications Commission (FCC or Commission) to promulgate
regulations to allow manufacturers of devices with an
integrated display to use electronic labeling for the equipment
in place of affixing physical labels to the equipment.
Background and Need for Legislation
One of the FCC's duties is the certification and labeling
of radiofrequency devices, verifying compliance with the
Commission's interference rules. Current rules require a
physical label on the device, detailing the identification of
the device as authorized for use in the United States. The
specific requirements for labeling vary depending on the type
of device and its equipment authorization process. As these
devices become smaller in size, it is increasingly difficult
for manufacturers to comply with the physical labeling
requirements.
The E-LABEL Act allows manufacturers to ``digitally label''
devices with a screen, such as a smartphone. The device would
comply with labeling requirements by displaying a digital label
on the screen of the device. The digital label still would
contain all relevant certification information, but would be
displayed and easily accessed on the digital screen.
Electronic labeling has potential benefits for consumers
and manufacturers alike, as e-labeling creates flexibility for
manufacturers, resulting in greater aesthetic and design
innovation. The lack of a physical label also may reduce the
cost of the labeling.
Authorizing the FCC to permit electronic labeling is a step
towards modernizing the laws that regulate communications and
technology equipment, and will help to streamline the approval
processes for bringing innovative devices to American
consumers.
Committee Consideration
On July 24, 2014, the Subcommittee on Communications and
Technology held a legislative hearing on H.R. 5161. Witnesses
included one of the bill's sponsors, Representative Robert E.
Latta, and Harold Feld, Senior Vice President, Public
Knowledge.
On July 29 and 30, 2014, the Committee on Energy and
Commerce met in open markup session, to consider H.R. 5161.
H.R. 5161 was ordered favorably reported to the House, by voice
vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering
H.R. 5161 reported. A motion by Mr. Upton to order H.R. 5161
reported to the House, as amended, was agreed to by a voice
vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee held hearings and made
findings that are reflected in this report.
Statement of General Performance Goals and Objectives
The goal and objective of H.R. 5161, the ``E-LABEL Act,''
is to promote the use of electronic labeling for devices
licensed by the FCC.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
5161 would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Earmark, Limited Tax Benefits, and Limited Tariff Benefits
In compliance with clause 9(e), 9(f), and 9(g) of rule XXI
of the Rules of the House of Representatives, the Committee
finds that H.R. 5161 contains no earmarks, limited tax
benefits, or limited tariff benefits.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 25, 2014.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5161, the Enhance
Labeling, Accessing, and Branding of Electronic Licenses Act of
2014.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susan Willie.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 5161--Enhance Labeling, Accessing, and Branding of Electronic
Licenses Act of 2014
CBO estimates that implementing H.R. 5161 would have a
negligible effect on net discretionary costs over the 2015-2019
period. Enacting H.R. 5161 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 5161 would direct the Federal Communications
Commission (FCC) to allow manufacturers of electronic devices
with a screen to display information required by the agency
digitally on the screen rather than on a label affixed to the
device. On July 10, 2014, the FCC issued guidance that
describes how devices with integrated displays can present
label information electronically.
Based on information from the FCC, CBO expects that any
additional actions that agency would take to comply with the
bill's requirements would not have a significant effect on the
agency's workload, and thus, its spending. In addition, the FCC
is authorized to collect fees sufficient to cover its annual
appropriation; therefore, CBO estimates that implementing H.R.
5161 would have a negligible effect on net discretionary costs,
assuming appropriation action consistent with that authority.
H.R. 5161 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Susan Willie.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Duplication of Federal Programs
No provision of H.R. 5161 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting H.R. 5161
specifically directs to be completed one rule making within the
meaning of 5 U.S.C. 551.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 provides the short title of the ``Enhance
Labeling, Accessing, and Branding of Electronic Licenses Act of
2014,'' or the ``E-LABEL Act.''
Section 2. Findings
Section 2 details the findings, including the history of
FCC device labeling and the benefits of electronic labeling.
Section 3. Authorization for Federal Communications Commission to allow
electronic labeling
Section 3 amends Title VII of the Communications Act of
1934 by adding new definitions for ``electronic labeling'' and
``radiofrequency device with display.'' Section 3 also requires
the FCC to complete a rulemaking to allow electronic labeling
of such devices within 9 months of the enactment of the
legislation.
Section 4. Savings clause
Section 4 clarifies that the legislation does not affect
the authority of the FCC under section 302 of the
Communications Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
COMMUNICATIONS ACT OF 1934
* * * * * * *
TITLE VII--MISCELLANEOUS PROVISIONS
* * * * * * *
SEC. 720. OPTIONAL ELECTRONIC LABELING OF COMMUNICATIONS EQUIPMENT.
(a) Definitions.--In this section--
(1) the term ``electronic labeling'' means displaying
required labeling and regulatory information
electronically; and
(2) the term ``radiofrequency device with display''
means any equipment or device that--
(A) is required under regulations of the
Commission to be authorized by the Commission
before the equipment or device may be marketed
or sold within the United States; and
(B) has the capability to digitally display
required labeling and regulatory information.
(b) Requirement To Promulgate Regulations for Electronic
Labeling.--Not later than 9 months after the date of enactment
of the Enhance Labeling, Accessing, and Branding of Electronic
Licenses Act of 2014, the Commission shall promulgate
regulations or take other appropriate action, as necessary, to
allow manufacturers of radiofrequency devices with display the
option to use electronic labeling for the equipment in place of
affixing physical labels to the equipment.
* * * * * * *