The text of the bill below is as of Dec 10, 2018 (Introduced).
I
115th CONGRESS
2d Session
H. R. 7236
IN THE HOUSE OF REPRESENTATIVES
December 10, 2018
Mr. Hunter introduced the following bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend the Communications Act of 1934 to provide for the establishment of a radiofrequency
radiation site safety information database, and for other purposes.
Short title
This Act may be cited as the
Radiofrequency Radiation Site Safety Information Act of 2018.
Radiofrequency radiation site safety information database
In general
Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following:
Radiofrequency radiation site safety information database
In general
The
Commission shall promulgate regulations that provide for the
establishment of an online database that contains safety information
relating to the radiofrequency radiation emissions of covered
facilities.
Requirements for database
The regulations promulgated under subsection (a) shall require that the database—
enable
the licensee of a covered facility, the owner or property manager of a
site where a covered facility is located, any person performing work at
such a site or employing an individual performing work at such a site,
and such other persons as the Commission considers appropriate to
participate in the sharing of safety information relating to the
radiofrequency radiation emissions of such facility;
contain
specific safety information relating to the radiofrequency radiation
emissions of each covered facility, including a detailed depiction of
all radiofrequency radiation hazard areas;
be updated as changes in information occur;
be
available to the public, except that any information that the licensee
of the covered facility determines to be sensitive shall only be
accessible by the persons described in paragraph (1) with respect to
such facility; and
be established and administered by one or more neutral third parties (to be designated by the Commission).
Requirement for licensees and others
The
regulations promulgated under subsection (a) shall require the persons
described in subsection (b)(1) to participate in the sharing of
information as described in such subsection.
Audits by Commission
The
Commission shall routinely audit the database established under
subsection (a) to verify the accuracy of the information in the
database.
Limitation of liability
A
person described in subsection (b)(1) with respect to a covered
facility shall not be liable in any civil action for an injury alleged
to have been caused by radiofrequency radiation emissions of such
facility, if such person is in compliance with the information sharing
requirement under subsection (c) with respect to such facility during
the period that—
begins—
in
the case of an injury that is alleged to have occurred on or after the
day that is 180 days after the date on which the database is established
under subsection (a), on the date on which the injury is alleged to
have occurred; or
in the case of an injury that is alleged to have occurred before the day described in subparagraph (A), on such day;
ends on the date on which there is a final disposition, from which no appeal may be taken, in such civil action; and
excludes any time when such information sharing requirement does not apply to such person.
Definitions
In this section:
Covered facility
The term
covered facilitymeans a facility, operation, or transmitter that—
is
subject to the radiofrequency radiation exposure limits set forth in
section 1.1310 of title 47, Code of Federal Regulations; and
is in a fixed location.
Fixed location
The term
fixed locationmeans, with respect to a facility, operation, or transmitter, that such facility, operation, or transmitter is physically secured at one location and is not able to be easily moved to another location.
.
Deadline for rulemaking
The
Federal Communications Commission shall promulgate the regulations
required by subsection (a) of section 344 of the Communications Act of
1934, as added by subsection (a) of this section, not later than 180
days after the date of the enactment of this Act.
Deadline for establishment of database
The
Federal Communications Commission shall establish the database provided
for in such regulations not later than 18 months after the date on
which the Commission promulgates such regulations.
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