716 



the result of the operation of an electronic 

 circuit in such product; 



(2) the term "electronic product" means (A) 

 any manufactured or assembled product which, 

 when in operation, (i) contams or acts as part of 

 an electronic circuit and (ii) emits (or in the ab- 

 sence of effective shielding or other controls would 

 emit) electronic product radiation, or (B) any 

 manufactured or assembled article which is in- 

 tended for use as a component, part, or accessory 

 of a product described in clause (A) and which 

 when in operation emits (or in the absence of ef- 

 fective shielding or other controls would emlti 

 such radiation: 



(3) the term "manufacturer" means any per- 

 son engaged In the business of manufacturing, 

 assembling, or importing of electronic products; 



(4) the term "commerce" means (A) commerce 

 between any place in any State and any place 

 outside thereof; and (B) commerce wholly within 

 the District of Columbia; and 



(5) the term "State" includes the District of 

 Columbia, the Commonwealth of Puerto Rico, 

 the Northern Mariana Islands, the Virgin 

 Islands, Guam, and American Samoa. 



(July 1, 1944, ch. 373, title HI, § 355, as added Oct. 

 18, 1968, Pub, L. 90-602, § 2(3), 82 Stat. 1174. and 

 amended Pub. L. 94-484, § 905(b) (1) , Oct. 12, 1976. 

 90 Stat. 2325.) 

 § 263d. Program of control. 



(a) Establishment. 



The Secretary shall establish and carry out an 

 electronic product radiation control program de- 

 signed to protect the public health and safety from 

 electronic product radiation. As a part of such pro- 

 gram, he shall — 



(1) pursuant to section 263f of this title, de- 

 velop and administer performance standards for 

 electronic pr(3ducts; 



(2) plan, conduct, coordinate, and support re- 

 search, development, training, and operational ac- 

 tivities to minimize the emissions of and the 

 exposure of people to, unnecessary electronic prod- 

 uct radiation; 



1 3) maintain liaison with and receive informa- 

 tion from other Federal and State departments 

 and agencies with related interests, professional 

 organizations, industiy. industry and labor asso- 

 ciations, and other organizations on present and 

 future potential electronic product radiation: 



(4) study and evaluate emissions of, and condi- 

 tions of exposure to, electronic product radiation 

 and intense magnetic fields: 



(5) develop, test, and evaluate the effectiveness 

 of procedures and techniques for minimizing ex- 

 posure 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 Com- 

 mission, and other appropriate Federal depart- 

 ments and agencies on (A> techniques, equip- 

 ment, and programs for testing and evaluating 

 electronic product radiation, and (B) the develop- 

 ment of performance standards pursuant to sec- 

 tion 263f 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) I 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 (Bi make such recom- 

 mendations 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 i2i. (4), 

 and (5) of subsection (ai of this section: 



(3) contract with public or private agencies, in- 

 stitutions, and organizations, and with individuals, 

 without regard to section 529 of Title 31 and sec- 

 tion 5 of Title 41; and 



(4) procure (by negotiation or otherwise v elec- 

 tronic products for research and testing purposes, 

 and sell or otherwise dispose of such products. 



(c) Record keeping. 



(1) Each recipient of assistance under sections 

 this subpart pursuant to grants or contracts entered 

 Into under other than competitive bidding pro- 

 cedures 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 under- 

 taking 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 

 vpresentatives, shall have access for the purpose of 

 audit and examination to any b(X)ks, documents, pa- 

 pers, and records of the recipients that are pertinent 

 to the giant-s or contracts entered into under this 

 subpart under other than competitive bidding pro- 

 cedures. (July 1, 1944, ch. 373. title III, §356, as 

 added Oct. 18, 1968, Pub. L. 90-602, § 2(3), 82 Stat. 

 1174.) 



§ 263e. .Studies by the .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 — 



(Ai control of health hazards from radioactive 



materials other than material regulated under the 



Atomic Energy Act of 1954; 



iB) any gaps and inconsistencies in present 



controls; 



(C) the need for controlling the sale of certain 



used electronic products, particularly antiquated 



