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21 U.S.C. § 360iiProgram of control

submitted 88 years ago by Pub. L. 90-602 to r/title-21-FOOD-AND-DRUGS · 516 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must run a program to protect people from electronic product radiation. The program sets performance standards, studies radiation hazards, and works with other agencies. The Secretary can also fund research, make grants, and require recipients to keep auditable records.

(a) Establishment The Secretary must set up and run an "electronic product radiation control program" to protect public health and safety from electronic product radiation. As part of the program, the Secretary must: (1) develop and run performance standards for electronic products, under section 360kk; (2) plan, run, coordinate, and support research, development, training, and operational work to cut down unnecessary radiation emissions and people's exposure to them; (3) stay in contact with, and get information from, other federal and state agencies with related interests, professional organizations, industry and labor associations, and other groups working on present and future electronic product radiation; (4) study and evaluate radiation emissions, conditions of exposure to them, and intense magnetic fields; (5) develop, test, and check how well procedures and techniques work at cutting down exposure to radiation; and (6) consult and stay in contact with the Secretaries of Commerce, Defense, and Labor, the Atomic Energy Commission, and other relevant federal agencies about (A) techniques, equipment, and programs for testing and evaluating radiation, and (B) developing performance standards under section 360kk to control radiation emissions. (b) Powers of Secretary To carry out subsection (a), the Secretary is allowed to: (1)(A) collect and share, through publications and other means, research results and other information on the nature, extent, and control of radiation hazards, and (B) make recommendations about those hazards and their control that the Secretary thinks are appropriate; (2) make grants to public and private agencies, organizations, institutions, and individuals for the purposes named in paragraphs (2), (4), and (5) of subsection (a) — that is, research and training, studying radiation exposure, and developing and testing exposure-reduction methods; (3) contract with public or private agencies, institutions, organizations, or individuals, without following certain federal procurement rules (title 31, section 3324, and title 41, section 6101); and (4) buy electronic products, by negotiation or other means, for research and testing, and sell or otherwise dispose of them. (c) Record keeping (1) Anyone who receives grant or contract funding under this part, where the grant or contract was not awarded through competitive bidding, must keep the records the Secretary requires. These records must fully show how much money the recipient got and how it was spent, the total cost of the project, how much of that cost came from other sources, and any other records needed for an effective audit. (2) The Secretary and the Comptroller General of the United States, or their authorized representatives, may access, for the purpose of audit and examination, any books, documents, papers, and records of these recipients that relate to grants or contracts awarded without competitive bidding.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (June 25, 1938, ch. 675, § 532, formerly act July 1, 1944, ch. 373, title III, § 532, formerly § 356, as added Pub. L. 90–602, § 2(3), Oct. 18, 1968, 82 Stat. 1174; renumbered § 532 and amended Pub. L. 101–629, § 19(a)(1)(B), (2)(A), (3), (4), Nov. 28, 1990, 104 Stat. 4529, 4530; Pub. L. 103–80, § 4(a)(2), Aug. 13, 1993, 107 Stat. 779.)

history & why it existsrecord from the source credit
  • 1938Enacted · Pub. L. 90-602 · 82 Stat. 1174
  • 1990Amended · Pub. L. 101-629 · 104 Stat. 4529, 4530
  • 1993Amended · Pub. L. 103-80 · 107 Stat. 779

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-602 on 1938-06-25.

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