21 U.S.C. § 360ii: Program of control

Summary

The Secretary must set up and run a program to protect people from harmful radiation coming from electronic products. The program must create and enforce performance standards under section 360kk, support and carry out research, training, and testing to cut down on emissions and exposures (including strong magnetic fields), and work with federal, state, industry, and professional groups. The Secretary must also test ways to reduce exposure, share research and recommendations, make grants, hire contractors (even when some normal procurement rules do not apply), and buy electronic products for research and later sell or dispose of them. Organizations or people who get non‑competitive grants or contracts must keep records the Secretary requires that show how the money was spent, total project costs, and other funding sources. The Secretary and the U.S. Comptroller General, or their representatives, may inspect and audit those records.

Title 21, §360ii

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(a)Establishment

The Secretary shall establish and carry out an electronic product radiation control program designed to protect the public health and safety from electronic product radiation. As a part of such program, he shall—

(1)pursuant to section 360kk of this title, develop and administer performance standards for electronic products;

(2)plan, conduct, coordinate, and support research, development, training, and operational activities to minimize the emissions of and the exposure of people to, unnecessary electronic product radiation;

(3)maintain liaison with and receive information from other Federal and State departments and agencies with related interests, professional organizations, industry, industry and labor associations, and other organizations on present and future potential electronic product radiation;

(4)study and evaluate emissions of, and conditions of exposure to, electronic product radiation and intense magnetic fields;

(5)develop, test, and evaluate the effectiveness of procedures and techniques for minimizing exposure to electronic product radiation; and

(6)consult and maintain liaison with the Secretary of Commerce, the Secretary of Defense, the Secretary of Labor, the Atomic Energy Commission, and other appropriate Federal departments and agencies on (A) techniques, equipment, and programs for testing and evaluating electronic product radiation, and (B) the development of performance standards pursuant to section 360kk of this title to control such radiation emissions.

(b)Powers of Secretary

In carrying out the purposes of subsection (a), the Secretary is authorized to—

(1)(A)collect and make available, through publications and other appropriate means, the results of, and other information concerning, research and studies relating to the nature and extent of the hazards and control of electronic product radiation; and (B) make such recommendations relating to such hazards and control as he considers appropriate;

(2)make grants to public and private agencies, organizations, and institutions, and to individuals for the purposes stated in paragraphs (2), (4), and (5) of subsection (a) of this section;

(3)contract with public or private agencies, institutions, and organizations, and with individuals, without regard to section 3324 of title 31 and section 6101 of title 41; and

(4)procure (by negotiation or otherwise) electronic products for research and testing purposes, and sell or otherwise dispose of such products.

(c)Record keeping

(1)Each recipient of assistance under this part pursuant to grants or contracts entered into under other than competitive bidding procedures shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.

(2)The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients that are pertinent to the grants or contracts entered into under this part under other than competitive bidding procedures.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (b)(3), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes of the United States (41 U.S.C. 5)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. Section was classified to section 263d of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 101–629.

Amendments

1993—Pub. L. 103–80 amended directory language of Pub. L. 101–629, § 19(a)(4), which renumbered section 263d of Title 42, The Public Health and Welfare, as this section. 1990—Subsec. (a)(1), (6). Pub. L. 101–629, § 19(a)(2)(A)(i), substituted “section 360kk” for “section 263f”. Subsec. (b)(3). Pub. L. 101–629, § 19(a)(2)(A)(ii), substituted reference to section 3324 of title 31 for reference to section 3648 of the Revised Statutes (31 U.S.C. 529). Subsec. (c)(1), (2). Pub. L. 101–629, § 19(a)(1)(B), substituted “this part” for “this subpart”.

Statutory Notes and Related Subsidiaries

Transfer of Functions

Atomic Energy Commission abolished and functions transferred by section 5814 and 5841 of Title 42, The Public Health and Welfare. See also

Transfer of Functions

notes set out under those sections. Noninterference With Other Federal AgenciesEnactment of this section not to be construed to supersede or limit the functions under any other provision of law or any officer or agency of the United States, see section 4 of Pub. L. 90–602, set out as a note under section 360hh of this title.

§360ii Program of Control

Summary

Title 21, §360ii

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Transfer of Functions

Transfer of Functions

Citations & Metadata