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21 U.S.C. § 360jjStudies by Secretary

submitted 88 years ago by Pub. L. 90-602 to r/title-21-FOOD-AND-DRUGS · 427 words · no verdicts yet

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The Secretary must study state and federal control of radiation hazards and report the results to Congress. Other federal agencies, states, and outside groups may join these studies. The Secretary decides how to organize the studies, and any dissenting views must be included in the report.

(a) Report to Congress The Secretary had to conduct these studies and report the results to Congress by January 1, 1970, and again later as needed, along with any recommendations for new legislation: (1) A study of how states and the federal government currently control health hazards from electronic product radiation and other kinds of ionizing radiation. This study had to include, but was not limited to: (A) control of health hazards from radioactive materials other than those already regulated under the Atomic Energy Act of 1954; (B) any gaps and inconsistencies in the current controls; (C) whether to control the sale of certain used electronic products, especially old X-ray equipment, without requiring them to be upgraded to meet new-product standards or separate standards for used products; (D) ways to assure consistent, effective control of these health hazards; (E) ways to strengthen state governments' radiological health programs; and (F) whether it would be workable for the Secretary to make arrangements with individual states, or groups of states, defining their roles and responsibilities for controlling electronic product radiation and other ionizing radiation. (2) A study on whether standards are needed for nonmedical electronic products used for commercial and industrial purposes. (3) A study on developing practical ways to detect and measure electronic product radiation that may come from electronic products made or imported before an applicable standard's effective date. (b) Participation of other Federal agencies While carrying out these studies, the Secretary had to invite the participation of other federal departments and agencies with related duties, state governments — particularly those regulating radioactive materials under section 274 of the Atomic Energy Act of 1954, as amended — and interested professional, labor, and industrial organizations. If congressional committees interested in the studies asked, the Secretary had to keep them currently informed of the studies' progress and let them send observers to the study groups' meetings. (c) Organization of studies and participation The Secretary, or someone the Secretary designates, decides how to organize the studies and how the invited participants take part, in whatever way the Secretary thinks best. If anyone disagrees with the Secretary's findings or recommendations, that dissent must be included in the report if the dissenter asks for it.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (June 25, 1938, ch. 675, § 533, formerly act July 1, 1944, ch. 373, title III, § 533, formerly § 357, as added Pub. L. 90–602, § 2(3), Oct. 18, 1968, 82 Stat. 1176; renumbered § 533 and amended Pub. L. 101–629, § 19(a)(1)(B), (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. 1176
  • 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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