ceedings with respect to the regulation have previously been initiated or become final under this section.

(f)(1) The Secretary shall appoint a National Advisory Committee on Electronic Product Radiation Standards (hereafter in this subsection referred to as the "Committee") which he shall consult before prescribing any performance standard under this section. The Committee shall be composed of not less than nine members who shall be fairly representative of (A) industries manufacturing electronic products to which such standards may apply, (B) independent testing laboratory personnel, (C) public and private nonprofit scientific and professional organizations expert on electronic product radiation safety, and (D) the general public. Each member appointed by the Secretary shall hold office for not more than two years, except that any member may be reappointed.

(2) Members of the Committee who are not officers or employees 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 officers or employees of the United States for any purpose.

(g) The Secretary shall review and evaluate on a continuing basis testing programs carried out by industry which are intended to assure that electronic products comply with standards prescribed under this section.

NOTIFICATION OF DEFECTS IN ELECTRONIC PRODUCTS

SEC. 358. (a) Every manufacturer of electronic products shall, within a reasonable time after discovering that an electronic product produced, assembled, or imported by him has a defect which relates to the safety of use of such product by reason of the emission of electronic product radiation, or that an electronic product produced, assembled, or imported by him on or after the effective date of an applicable standard prescribed pursuant to section 357 fails to comply with such standard, furnish notification of such defect or failure to comply to the persons (where known to the manufacturer) specified in subsection (b) of this section.

(b) The notification required by subsection (a) of this section shall be accomplished

(1) by certified mail to the first purchaser of such product for purposes other than resale, and to any subsequent transferee of such product who is the holder of any manufacturer's warranty on such product; and

(2) by certified mail or other more expeditious means to the dealers or distributors of such manufacturer to whom such product was delivered.

(c) The notification required by subsection (a) of this section shall contain a clear description of such defect or failure to comply with an applicable standard, an evaluation of the hazard reasonably related to such defect or failure to comply, and a statement of the measures to be taken to repair such defect.

(d) Every manufacturer of electronic products shall furnish to the Secretary a true or representative copy of all notices, bulletins, and other

90-760 - 74-49

communications to the dealers or distributors of such manufacturer or to purchasers (or subsequent transferees) of electronic products of such manufacturer regarding any such defect in such product or any such failure to comply with a standard applicable to such product. The Secretary shall disclose to the public so much of the information contained in such notice or other information obtained under section 360 (a) as he deems will assist in carrying out the purposes of this subpart, but he shall not disclose any information which contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code unless he determines that it is necessary to carry out the purposes of this subpart. (e) If through testing, inspection, investigation, or research carried out pursuant to this subpart, or examination of reports submitted pursuant to section 360(a), or otherwise, the Secretary determines that any electronic product

(1) does not comply with an applicable standard prescribed pursuant to section 357; or

(2) contains a defect which relates to the safety of use of such product by reason of the emission of electronic product radiation;

he shall immediately notify the manufacturer of such product of such defect or failure to comply. The notice shall contain the findings of the Secretary and shall include all information upon which the findings are based. The Secretary shall afford such manufacturer an opportunity to present his views and evidence in support thereof, to establish that there is no failure of compliance or that the alleged defect does not exist or does not relate to safety of use of the product by reason of the emission of such radiation hazard. If after such presentation by the manufacturer the Secretary determines that such product does not comply with an applicable standard prescribed pursuant to section 357, or that it contains a defect which relates to the safety of use of such product by reason of the emission of electronic product radiation, the Secretary shall direct the manufacturer to furnish the notification specified in subsection (c) of this section to the persons specified in paragraphs (1) and (2) of subsection (b) of this section.

(f) The Secretary shall, in consultation with the Advisory Committee established pursuant to section 357, work with the industries concerned to establish appropriate programs for bringing nonconforming or defective products, that are in the hands of distributors, dealers, first purchasers for purposes other than resale, or subsequent transferees holding a manufacturer's warranty, into conformity with applicable standards prescribed pursuant to such section or remedying the defect, and shall include, in his annual report to Congress, a summary of the results of such program.

IMPORTS

SEC. 359. (a) The Secretary of the Treasury shall deliver to the Secretary of Health, Education, and Welfare upon the latter's request, samples of electronic products which are being imported or offered for import into the United States, giving notice thereof to the owner or consignee, who may have a hearing before the Secretary of Health, Education, and Welfare. If it appears from an examination of such samples or otherwise that any electronic product fails to comply with applicable standards prescribed pursuant to section 357, then, unless subsection (b) of this section applies and is complied with, (1) such electronic product shall be refused admission, and (2) the Secretary of the Treasury shall cause the destruction of such electronic product unless such article is exported, under regulations prescribed by the Secretary of the Treasury, within 90 days after the date

of notice of refusal of admission or within such additional time as may be permitted by such regulations.

(b) If it appears to the Secretary of Health, Education, and Welfare that any electronic product refused admission pursuant to subsection (a) of this section can be brought into compliance with applicable standards prescribed pursuant to section 357, final determination as to admission of such electronic product may be deferred upon filing of timely written application by the owner or consignee and the execution by him of a good and sufficient bond providing for the payment of such liquidated damages in the event of default as the Secretary of Health, Education, and Welfare may by regulation prescribe. If such application is filed and such bond is executed the Secretary of Health, Education, and Welfare may, in accordance with rules prescribed by him, permit the applicant to perform such operations with respect to such electronic product as may be specified in the notice of permission.

(c) All expenses (including travel, per diem or subsistence, and salaries of officers or employees of the United States) in connection with the destruction provided for in subsection (a) of this section and the supervision of operations provided for in subsection (b) of this section, and all expenses in connection with the storage, cartage, or labor with respect to any electronic product refused admission pursuant to subsection (a) of this section, shall be paid by the owner or consignee, and, in event of default, shall constitute a lien against any future importations made by such owner or consignee.

RECORDS AND REPORTS

SEC. 360. (a) Every manufacturer of any electronic product which is subject to standards prescribed pursuant to section 357 shall establish and maintain such testing records, make such reports, and provide such information, as the Secretary may by regulation reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with this subpart.

(b) The Secretary may by regulation (1) require retailers of colortelevision receivers, to which there is applicable a standard prescribed pursuant to section 357, to furnish manufacturers of such receivers such information as may be necessary to identify and locate the first purchasers of such receivers for purposes other than resale, and (2) require manufacturers to preserve such information.

PROHIBITED ACTS

SEC. 360A. It shall be unlawful

(1) for any manufacturer to introduce, or to deliver for introduction, into commerce, or to import into the United States, any electronic product which does not comply with an applicable stand- · ard prescribed pursuant to section 357;

(2) for any person to fail to furnish any notification or other material or information required by section 358;

(3) for any person to fail or to refuse to permit access by the Secretary or any of his duly authorized representatives to testing records required pursuant to section 360; or

(4) for any person to fail or to refuse to make any report required pursuant to section 360(a) or to furnish or preserve any information required pursuant to section 360(b).

ENFORCEMENT

SEC. 360B. (a) The district courts of the United States shall have juris diction, for cause shown, to restrain violations of section 360A and to restrain dealers and distributors of electronic products from selling or otherwise disposing of electronic products which do not conform to an applicable standard prescribed pursuant to section 357 except when such products are disposed of by returning them to the distributor or manufacturer from whom they were obtained. The district courts of the United States shall also have jurisdiction in accordance with section 1355 of title 28 of the United States Code to enforce the provisions of subsection (b) of this section.

(b) Any person who violates section 3604 shall be subject to a civil penalty of not more than $1,000. For purposes of this subsection, each violation of section 360A (1) shall with respect to each electronic product involved constitute a separate violation, except that the maximum civil penalty imposed on any person under this subsection for any related series of violations shall not exceed $200,000.

EFFECT ON STATE STANDARDS

SEC. 360C. Whenever any standard prescribed pursuant to section 357 with respect to an aspect of performance of an electronic product is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, any standard which is applicable to the same aspect of performance of such product and which is not identical to such standard.

90TH CONGRESS 2d Session

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HOUSE OF REPRESENTATIVES

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REPORT No. 1167

DECLARING A PORTION OF BOSTON INNER HARBOR AND FORT POINT CHANNEL NONNAVIGABLE

MARCH 13, 1968.-Referred to the House Calendar and ordered to be printed

Mr. STAGGERS, from the Committee on Interstate and Foreign Commerce, submitted the following

REPORT

[To accompany H.R. 14681]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H.R. 14681) to declare a portion of Boston Inner Harbor and Fort Point Channel nonnavigable, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended 'do pass.

The amendment is as follows:

Strike out all after the enacting clause and insert in lieu thereof the following:

That that portion of Boston Inner Harbor and Fort Point Channel in Suffolk County, Commonwealth of Massachusetts, lying within the following described area is hereby declared to be not a navigable water of the United States within the meaning of the laws of the United States: Beginning at the intersection of the northeasterly sideline of Northern Avenue and the westerly U.S. Pierhead Line of the Fort Point Channel and running northwesterly by the northeasterly sideline of Northern Avenue to the westerly sideline of Atlantic Avenue; thence turning and running northerly and northwesterly by the westerly sideline of Atlantic Avenue and of Commercial Street to the southeasterly sideline of Hanover Street; thence turning and running northeasterly by the southeasterly sideline of Hanover Street to the southwesterly property line of the U.S. Coast Guard Base; thence turning and running southeasterly by the southwesterly property line of the U.S. Coast Guard Base to the southeasterly property line of the U.S. Coast Guard Base; thence turning and running northeasterly by the southeasterly property line of the U.S. Coast Gurad Base extended to the U.S. Pierhead Line; thence turning and running southeasterly, southerly and southwesterly by the U.S. Pierhead Line, to the point of beginning.

AMENDMENT

The amendment strikes out all after the enacting clause and inserts in lieu thereof a new text with a more precise legal description of the area to which the bill applies.