39–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–575 

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 CommuVerDate Mar 15 2010 01:10 Sep 12, 2014 Jkt 039006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR575.XXX HR575

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nications 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. 


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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 


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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.’’ 


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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 


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electronic labeling for the equipment in place of affixing physical labels to the equipment. 

* * * * * * * 

Æ 


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