
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: 21USC360jj]

 
                        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. 360jj. Studies by Secretary


(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.

(June 25, 1938, ch. 675, Sec. 533, formerly act July 1, 1944, ch. 373, 
title III, Sec. 533, formerly Sec. 357, as added Pub. L. 90-602, 
Sec. 2(3), Oct. 18, 1968, 82 Stat. 1176; renumbered Sec. 533 and amended 
Pub. L. 101-629, Sec. 19(a)(1)(B), (3), (4), Nov. 28, 1990, 104 Stat. 
4529, 4530; Pub. L. 103-80, Sec. 4(a)(2), Aug. 13, 1993, 107 Stat. 779.)

                       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, 
Sec. 1, 68 Stat. 921, and amended, which is classified generally to 
chapter 23 (Sec. 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, 
Sec. 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, Sec. 19(a)(1)(B), substituted 
``this part'' for ``this subpart''.


               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 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.
