21 U.S.C. § 360jj: Studies by Secretary

Summary

The Secretary must study certain radiation issues and report the results to Congress on or before January 1, 1970, and again later if needed, and may suggest new laws. The studies must look at state and federal control of electronic product radiation and other ionizing radiation, including control of radioactive materials not covered by the Atomic Energy Act, any gaps or inconsistencies, the sale of used electronic products (like old X‑ray machines), ways to make controls consistent and stronger for State programs, and whether the Secretary should be allowed to make agreements with States about who does what. The Secretary must also study whether standards are needed for nonmedical commercial or industrial electronic products, and develop practical ways to detect and measure radiation from products made or imported before any new standard takes effect. The Secretary must invite other federal agencies, State governments (especially those that regulate radioactive materials under section 274 of the Atomic Energy Act of 1954), and interested professional, labor, and industry groups to take part. Congressional committees may get progress updates and send observers. The Secretary decides how to run the studies and must include any requested dissenting views in the report.

Title 21, §360jj

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(a)Report to Congress

The Secretary shall conduct the following studies, and shall make a report or reports of the results of such studies to the Congress on or before January 1, 1970, and from time to time thereafter as he may find necessary, together with such recommendations for legislation as he may deem appropriate:

(1)A study of present State and Federal control of health hazards from electronic product radiation and other types of ionizing radiation, which study shall include, but not be limited to—

(A)control of health hazards from radioactive materials other than materials regulated under the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.];

(B)any gaps and inconsistencies in present controls;

(C)the need for controlling the sale of certain used electronic products, particularly antiquated X-ray equipment, without upgrading such products to meet the standards for new products or separate standards for used products;

(D)measures to assure consistent and effective control of the aforementioned health hazards;

(E)measures to strengthen radiological health programs of State governments; and

(F)the feasibility of authorizing the Secretary to enter into arrangements with individual States or groups of States to define their respective functions and responsibilities for the control of electronic product radiation and other ionizing radiation;

(2)A study to determine the necessity for the development of standards for the use of nonmedical electronic products for commercial and industrial purposes; and

(3)A study of the development of practicable procedures for the detection and measurement of electronic product radiation which may be emitted from electronic products manufactured or imported prior to the effective date of any applicable standard established pursuant to this part.

(b)Participation of other Federal agencies

In carrying out these studies, the Secretary shall invite the participation of other Federal departments and agencies having related responsibilities and interests, State governments—particularly those of States which regulate radioactive materials under section 274 of the Atomic Energy Act of 1954, as amended [42 U.S.C. 2021], and interested professional, labor, and industrial organizations. Upon request from congressional committees interested in these studies, the Secretary shall keep these committees currently informed as to the progress of the studies and shall permit the committees to send observers to meetings of the study groups.

(c)Organization of studies and participation

The Secretary or his designee shall organize the studies and the participation of the invited participants as he deems best. Any dissent from the findings and recommendations of the Secretary shall be included in the report if so requested by the dissenter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Atomic Energy Act of 1954, referred to in subsec. (a)(1)(A), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 2011 of Title 42 and Tables. Codification Section was classified to section 263e 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 263e of Title 42, The Public Health and Welfare, as this section. 1990—Subsec. (a)(3). Pub. L. 101–629, § 19(a)(1)(B), substituted “this part” for “this subpart”.

Statutory Notes and Related Subsidiaries

Noninterference With Other Federal AgenciesEnactment of this section not to be construed to supersede or limit the functions under any other provision of law of 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.

§360jj Studies by Secretary