Page:United States Statutes at Large Volume 82.djvu/1221

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[82 STAT. 1179]
[82 STAT. 1179]
PUBLIC LAW 90-000—MMMM. DD, 1968

82 STAT. ]

PUBLIC LAW 90-602-OCT. 18, 1968

1179

trative proceedings under this section shall be furnished by the Secretary to any interested party at his request, and payment of the costs thereof, and shall be admissible in any criminal, exclusion of imports, or other proceeding arising under or in respect of this subpart, irrespective of whether proceedings with respect to the regulation have previously been initiated or become final under this section. " (f)(1)(A) The Secretary shall establish a Technical Electronic ^^^"^^^J^"^^^^^^^^^^ Product Radiation Safety Standards Committee (hereafter in this sub- a'uon'^safety'istand.^ part referred to as the 'Committee') which he shall consult before pre- a^ds committee. scribing any standard under this section. The Committee shall be appointed by the Secretary, after consultation with public and private agencies concerned with the technical aspect of electronic product radiation safety, and shall be composed of fifteen members each of whom shall be technically qualified by training and experience in one or more fields of science or engineering applicable to electronic product radiation safety, as follows: "(i) Five members shall be selected from governmental agencies, including State and Federal Governments; "(ii) Five members shall be selected from the affected industries after consultation with industry representatives; and "(iii) Five members shall be selected from the general public, of which at least one shall be a representative of organized lal^or. " (B) The Committee may propose electronic product radiation prop^olai.^*^"'^^'^^' safety standards to the Secretary for his consideration. All proceedings of the Committee shall be recorded and the record of each such proceeding shall be available for public inspection. "(2) Members of the Committee who are not officers or employees compensation. of the United States shall, while attending meetings or conferences of the Committee or otherwise engaged in the business of the Committee, be entitled to receive compensation at a rate fixed by the Secretary, but not exceeding $100 per diem (including traveltime), and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized in section 5703 of title 5 of the United States Code for ^° ^*^*' '*^^persons in the Government service employed intermittently. Payments under this subsection shall not render members of the Committee offi(^ers or employees of the United States for any purpose. " (g) The Secretary shall review and evaluate on a continuing basis evaitTatl^n^"^ testing programs carried out by industry to assure the adequacy of hafeguards against hazardous electronic product radiation and to assure that electronic products comply with standards prescribed under this section. " (h) Every manufacturer of an electronic product to which is ap- ficatroliT* ^'"" plicable a standard in effect under this section shall furnish to the distributor or dealer at the time of delivery of such product, in the form of a label or tag permanently affixed to such product or in such manner as approved by the Secretary, the certification that such product conforms to all applicable standards under this section. Such certification shall be based upon a test, in accordance with such standard, of the individual article to which it is attached or upon a testing program which is in accord with good manufacturing practice and whicli has not been disapproved by the Secretary (in such manner as he shall prescribe by regulation) on the grounds that it does not assure the adequacy of safeguards against hazardous electronic product radiation or that it does not assure that electronic pi-oducts comply with the standards prescribed under this section.