
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC360ii]

 
                        TITLE 21--FOOD AND DRUGS
 
             CHAPTER 9--FEDERAL FOOD, DRUG, AND COSMETIC ACT
 
                     SUBCHAPTER V--DRUGS AND DEVICES
 
              Part C--Electronic Product Radiation Control
 
Sec. 360ii. Program of control


(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) of this section, 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 5 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.

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

                          Codification

    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, 
Sec. 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, Sec. 19(a)(2)(A)(i), 
substituted ``section 360kk'' for ``section 263f''.
    Subsec. (b)(3). Pub. L. 101-629, Sec. 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, Sec. 19(a)(1)(B), substituted 
``this part'' for ``this subpart''.

                          Transfer of Functions

    Atomic Energy Commission abolished and functions transferred by 
sections 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 Agencies

    Enactment 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.
