dreamproit/uscode huggingface dataset:
42 U.S.C. § 6991m (THE PUBLIC HEALTH AND WELFARE)
§ 6991m. Authorization of appropriations
There are authorized to be appropriated to the Administrator the following amounts:
(1) To carry out this subchapter (except sections 6991b(h), 6991d(c), 6991j, and 6991k of this title) $50,000,000 for each of fiscal years 2006 through 2011.
(2) From the Trust Fund—
(A) to carry out section 6991b(h) of this title (except section 6991b(h)(12) of this title) $200,000,000 for each of fiscal years 2006 through 2011;
(B) to carry out section 6991b(h)(12) of this title, $200,000,000 for each of fiscal years 2006 through 2011;
(C) to carry out sections 6991b(i), 6991c(f), and 6991d(c) of this title $100,000,000 for each of fiscal years 2006 through 2011; and
(D) to carry out sections 6991i, 6991j, 6991k, and 6991l of this title $55,000,000 for each of fiscal years 2006 through 2011.
(Pub. L. 89–272, title II, § 9014, as added Pub. L. 109–58, title XV, § 1531(a), Aug. 8, 2005, 119 Stat. 1104; amended Pub. L. 109–168, § 1(a)(3), Jan. 10, 2006, 119 Stat. 3580; Pub. L. 109–432, div. A, title II, § 210(b), Dec. 20, 2006, 120 Stat. 2947; Pub. L. 109–433, § 1(b), Dec. 20, 2006, 120 Stat. 3196.)
heading: Amendments
text: 2006—Par. (2). Pub. L. 109–432 and Pub. L. 109–433 amended par. (2) identically, substituting “Fund” for “Fund, notwithstanding section 9508(c)(1) of title 26” in introductory provisions.
Pub. L. 109–168 substituted “2006 through 2011” for “2005 through 2009” wherever appearing.
42 U.S.C. § 6992 (THE PUBLIC HEALTH AND WELFARE)
§ 6992. Scope of demonstration program for medical waste
(a) Covered States
The States within the demonstration program established under this subchapter for tracking medical wastes shall be New York, New Jersey, Connecticut, the States contiguous to the Great Lakes and any State included in the program through the petition procedure described in subsection (c) of this section, except for any of such States in which the Governor notifies the Administrator under subsection (b) of this section that such State shall not be covered by the program.
(b) Opt out
(1) If the Governor of any State covered under subsection (a) of this section which is not contiguous to the Atlantic Ocean notifies the Administrator that such State elects not to participate in the demonstration program, the Administrator shall remove such State from the program.
(2) If the Governor of any other State covered under subsection (a) of this section notifies the Administrator that such State has implemented a medical waste tracking program that is no less stringent than the demonstration program under this subchapter and that such State elects not to participate in the demonstration program, the Administrator shall, if the Administrator determines that such State program is no less stringent than the demonstration program under this subchapter, remove such State from the demonstration program.
(3) Notifications under paragraphs (1) or (2) shall be submitted to the Administrator no later than 30 days after the promulgation of regulations implementing the demonstration program under this subchapter.
(c) Petition in
The Governor of any State may petition the Administrator to be included in the demonstration program and the Administrator may, in his discretion, include any such State. Such petition may not be made later than 30 days after promulgation of regulations establishing the demonstration program under this subchapter, and the Administrator shall determine whether to include the State within 30 days after receipt of the State’s petition.
(d) Expiration of demonstration program
The demonstration program shall expire on the date 24 months after the effective date of the regulations under this subchapter.
(Pub. L. 89–272, title II, § 11001, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2950.)
42 U.S.C. § 6992a (THE PUBLIC HEALTH AND WELFARE)
§ 6992a. Listing of medical wastes
(a) List
Not later than 6 months after November 1, 1988, the Administrator shall promulgate regulations listing the types of medical waste to be tracked under the demonstration program. Except as provided in subsection (b) of this section, such list shall include, but need not be limited to, each of the following types of solid waste:
(1) Cultures and stocks of infectious agents and associated biologicals, including cultures from medical and pathological laboratories, cultures and stocks of infectious agents from research and industrial laboratories, wastes from the production of biologicals, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate, and mix cultures.
(2) Pathological wastes, including tissues, organs, and body parts that are removed during surgery or autopsy.
(3) Waste human blood and products of blood, including serum, plasma, and other blood components.
(4) Sharps that have been used in patient care or in medical, research, or industrial laboratories, including hypodermic needles, syringes, pasteur pipettes, broken glass, and scalpel blades.
(5) Contaminated animal carcasses, body parts, and bedding of animals that were exposed to infectious agents during research, production of biologicals, or testing of pharmaceuticals.
(6) Wastes from surgery or autopsy that were in contact with infectious agents, including soiled dressings, sponges, drapes, lavage tubes, drainage sets, underpads, and surgical gloves.
(7) Laboratory wastes from medical, pathological, pharmaceutical, or other research, commercial, or industrial laboratories that were in contact with infectious agents, including slides and cover slips, disposable gloves, laboratory coats, and aprons.
(8) Dialysis wastes that were in contact with the blood of patients undergoing hemodialysis, including contaminated disposable equipment and supplies such as tubing, filters, disposable sheets, towels, gloves, aprons, and laboratory coats.
(9) Discarded medical equipment and parts that were in contact with infectious agents.
(10) Biological waste and discarded materials contaminated with blood, excretion, excudates 1 or secretion from human beings or animals who are isolated to protect others from communicable diseases.
(11) Such other waste material that results from the administration of medical care to a patient by a health care provider and is found by the Administrator to pose a threat to human health or the environment.
(b) Exclusions from list
The Administrator may exclude from the list under this section any categories or items described in paragraphs (6) through (10) of subsection (a) of this section which he determines do not pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(Pub. L. 89–272, title II, § 11002, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2951.)
42 U.S.C. § 6992b (THE PUBLIC HEALTH AND WELFARE)
§ 6992b. Tracking of medical waste
(a) Demonstration program
Not later than 6 months after November 1, 1988, the Administrator shall promulgate regulations establishing a program for the tracking of the medical waste listed in section 6992a of this title which is generated in a State subject to the demonstration program. The program shall (1) provide for tracking of the transportation of the waste from the generator to the disposal facility, except that waste that is incinerated need not be tracked after incineration, (2) include a system for providing the generator of the waste with assurance that the waste is received by the disposal facility, (3) use a uniform form for tracking in each of the demonstration States, and (4) include the following requirements:
(A) A requirement for segregation of the waste at the point of generation where practicable.
(B) A requirement for placement of the waste in containers that will protect waste handlers and the public from exposure.
(C) A requirement for appropriate labeling of containers of the waste.
(b) Small quantities
In the program under subsection (a) of this section, the Administrator may establish an exemption for generators of small quantities of medical waste listed under section 6992a of this title, except that the Administrator may not exempt from the program any person who, or facility that, generates 50 pounds or more of such waste in any calendar month.
(c) On-site incinerators
Concurrently with the promulgation of regulations under subsection (a) of this section, the Administrator shall promulgate a recordkeeping and reporting requirement for any generator in a demonstration State of medical waste listed in section 6992a of this title that (1) incinerates medical waste listed in section 6992a of this title on site and (2) does not track such waste under the regulations promulgated under subsection (a) of this section. Such requirement shall require the generator to report to the Administrator on the volume and types of medical waste listed in section 6992a of this title that the generator incinerated on site during the 6 months following the effective date of the requirements of this subsection.
(d) Type of medical waste and types of generators
For each of the requirements of this section, the regulations may vary for different types of medical waste and for different types of medical waste generators.
(Pub. L. 89–272, title II, § 11003, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2952.)
42 U.S.C. § 6992c (THE PUBLIC HEALTH AND WELFARE)
§ 6992c. Inspections
(a) Requirements for access
For purposes of developing or assisting in the development of any regulation or report under this subchapter or enforcing any provision of this subchapter, any person who generates, stores, treats, transports, disposes of, or otherwise handles or has handled medical waste shall, upon request of any officer, employee, or representative of the Environmental Protection Agency duly designated by the Administrator, furnish information relating to such waste, including any tracking forms required to be maintained under section 6992b of this title, conduct monitoring or testing, and permit such person at all reasonable times to have access to, and to copy, all records relating to such waste. For such purposes, such officers, employees, or representatives are authorized to—
(1) enter at reasonable times any establishment or other place where medical wastes are or have been generated, stored, treated, disposed of, or transported from;
(2) conduct monitoring or testing; and
(3) inspect and obtain samples from any person of any such wastes and samples of any containers or labeling for such wastes.
(b) Procedures
Each inspection under this section shall be commenced and completed with reasonable promptness. If the officer, employee, or representative obtains any samples, prior to leaving the premises he shall give to the owner, operator, or agent in charge a receipt describing the sample obtained and, if requested, a portion of each such sample equal in volume or weight to the portion retained if giving such an equal portion is feasible. If any analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge of the premises concerned.
(c) Availability to public
The provisions of section 6927(b) of this title shall apply to records, reports, and information obtained under this section in the same manner and to the same extent as such provisions apply to records, reports, and information obtained under section 6927 of this title.
(Pub. L. 89–272, title II, § 11004, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2952.)
42 U.S.C. § 6992f (THE PUBLIC HEALTH AND WELFARE)
§ 6992f. Relationship to State law
(a) State inspections and enforcement
A State may conduct inspections under 1 6992c of this title and take enforcement actions under section 6992d of this title against any person, including any person who has imported medical waste into a State in violation of the requirements of, or regulations under, this subchapter, to the same extent as the Administrator. At the time a State initiates an enforcement action under section 6992d of this title against any person, the State shall notify the Administrator in writing.
(b) Retention of State authority
Nothing in this subchapter shall—
(1) preempt any State or local law; or
(2) except as provided in subsection (c) of this section, otherwise affect any State or local law or the authority of any State or local government to adopt or enforce any State or local law.
(c) State forms
Any State or local law which requires submission of a tracking form from any person subject to this subchapter shall require that the form be identical in content and format to the form required under section 6992b of this title, except that a State may require the submission of other tracking information which is supplemental to the information required on the form required under section 6992b of this title through additional sheets or such other means as the State deems appropriate.
(Pub. L. 89–272, title II, § 11007, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2955.)
42 U.S.C. § 6992g (THE PUBLIC HEALTH AND WELFARE)
§ 6992g. Repealed. Pub. L. 105–362, title V, § 501(h)(1)(A), Nov. 10, 1998, 112 Stat. 3284
text: Section, Pub. L. 89–272, title II, § 11008, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2956, related to Administrator’s report to Congress concerning demonstration medical waste tracking program.
42 U.S.C. § 6992h (THE PUBLIC HEALTH AND WELFARE)
§ 6992h. Health impacts report
Within 24 months after November 1, 1988, the Administrator of the Agency for Toxic Substances and Disease Registry shall prepare for Congress a report on the health effects of medical waste, including each of the following—
(1) A description of the potential for infection or injury from the segregation, handling, storage, treatment, or disposal of medical wastes.
(2) An estimate of the number of people injured or infected annually by sharps, and the nature and seriousness of those injuries or infections.
(3) An estimate of the number of people infected annually by other means related to waste segregation, handling, storage, treatment, or disposal, and the nature and seriousness of those infections.
(4) For diseases possibly spread by medical waste, including Acquired Immune Deficiency Syndrome and hepatitis B, an estimate of what percentage of the total number of cases nationally may be traceable to medical wastes.
(Pub. L. 89–272, title II, § 11008, formerly § 11009, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2957; renumbered § 11008, Pub. L. 105–362, title V, § 501(h)(1)(B), Nov. 10, 1998, 112 Stat. 3284.)
heading: Prior Provisions
text: A prior section 11008 of Pub. L. 89–272 was classified to section 6992g of this title prior to repeal by Pub. L. 105–362, § 501(h)(1)(A).
42 U.S.C. § 6992i (THE PUBLIC HEALTH AND WELFARE)
§ 6992i. General provisions
(a) Consultation
(1) In promulgating regulations under this subchapter, the Administrator shall consult with the affected States and may consult with other interested parties.
(2) The Administrator shall also consult with the International Joint Commission to determine how to monitor the disposal of medical waste emanating from Canada.
(b) Public comment
In the case of the regulations required by this subchapter to be promulgated within 9 months after November 1, 1988, the Administrator may promulgate such regulations in interim final form without prior opportunity for public comment, but the Administrator shall provide an opportunity for public comment on the interim final rule. The promulgation of such regulations shall not be subject to the Paperwork Reduction Act of 1980.1
(c) Relationship to subchapter III
Nothing in this subchapter shall affect the authority of the Administrator to regulate medical waste, including medical waste listed under section 6992a of this title, under subchapter III of this chapter.
(Pub. L. 89–272, title II, § 11009, formerly § 11010, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2957; renumbered § 11009, Pub. L. 105–362, title V, § 501(h)(1)(B), Nov. 10, 1998, 112 Stat. 3284.)
heading: References in Text
text: The Paperwork Reduction Act of 1980, referred to in subsec. (b), is Pub. L. 96–511, Dec. 11, 1980, 94 Stat. 2812, as amended, which was classified principally to chapter 35 (§ 3501 et seq.) of Title 44, Public Printing and Documents, prior to the general amendment of that chapter by Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 163. For complete classification of this Act to the Code, see Short Title of 1980 Amendment note set out under section 101 of Title 44 and Tables.
heading: Prior Provisions
text: A prior section 11009 of Pub. L. 89–272 was renumbered section 11008 and is classified to section 6992h of this title.
42 U.S.C. § 6992j (THE PUBLIC HEALTH AND WELFARE)
§ 6992j. Effective date
The regulations promulgated under this subchapter shall take effect within 90 days after promulgation, except that, at the time of promulgation, the Administrator may provide for a shorter period prior to the effective date if he finds the regulated community does not need 90 days to come into compliance.
(Pub. L. 89–272, title II, § 11010, formerly § 11011, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2958; renumbered § 11010, Pub. L. 105–362, title V, § 501(h)(1)(B), Nov. 10, 1998, 112 Stat. 3284.)
heading: Prior Provisions
text: A prior section 11010 of Pub. L. 89–272 was renumbered section 11009 and is classified to section 6992i of this title.
42 U.S.C. § 6992k (THE PUBLIC HEALTH AND WELFARE)
§ 6992k. Authorization of appropriations
There are authorized to be appropriated to the Administrator such sums as may be necessary for each of the fiscal years 1989 through 1991 for purposes of carrying out activities under this subchapter.
(Pub. L. 89–272, title II, § 11011, formerly § 11012, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2958; renumbered § 11011, Pub. L. 105–362, title V, § 501(h)(1)(B), Nov. 10, 1998, 112 Stat. 3284.)
heading: Prior Provisions
text: A prior section 11011 of Pub. L. 89–272 was renumbered section 11010 and is classified to section 6992j of this title.
42 U.S.C. § 7001 to 7011 (THE PUBLIC HEALTH AND WELFARE)
§§ 7001 to 7011. Repealed. Pub. L. 102–486, title I, § 143(a), Oct. 24, 1992, 106 Stat. 2843
text: Section 7001, Pub. L. 95–39, title V, § 502, June 3, 1977, 91 Stat. 191, related to congressional declaration and statement of purposes.
text: Section 7002, Pub. L. 95–39, title V, § 503, June 3, 1977, 91 Stat. 192, provided for establishment of Energy Extension Service.
text: Section 7003, Pub. L. 95–39, title V, § 504, June 3, 1977, 91 Stat. 192, provided for development and implementation of comprehensive program.
text: Section 7004, Pub. L. 95–39, title V, § 505, June 3, 1977, 91 Stat. 193, provided for initial implementation of State energy extension service plans.
text: Section 7005, Pub. L. 95–39, title V, § 506, June 3, 1977, 91 Stat. 195, provided for national implementation of State energy extension service plans.
text: Section 7006, Pub. L. 95–39, title V, § 507, June 3, 1977, 91 Stat. 198, related to administration of Energy Extension Service.
text: Section 7007, Pub. L. 95–39, title V, § 508, June 3, 1977, 91 Stat. 199, related to energy education, extension, and information.
text: Section 7008, Pub. L. 95–39, title V, § 509, June 3, 1977, 91 Stat. 199, provided for establishment of National Energy Extension Service Advisory Board.
text: Section 7009, Pub. L. 95–39, title V, § 511, June 3, 1977, 91 Stat. 201, related to records.
text: Section 7010, Pub. L. 95–39, title V, § 512, June 3, 1977, 91 Stat. 201, related to authorization of appropriations.
text: Section 7011, Pub. L. 95–39, title V, § 513, June 3, 1977, 91 Stat. 202, set out definitions.
heading: Short Title
text: Pub. L. 95–39, title V, § 501, June 3, 1977, 91 Stat. 191, which provided that this title, which enacted this chapter and amended sections 5813 and 5818 of this title, could be cited as the “National Energy Extension Service Act”, was repealed by Pub. L. 102–486, title I, § 143(a), Oct. 24, 1992, 106 Stat. 2843.
42 U.S.C. § 7111 (THE PUBLIC HEALTH AND WELFARE)
§ 7111. Congressional findings
The Congress of the United States finds that—
(1) the United States faces an increasing shortage of nonrenewable energy resources;
(2) this energy shortage and our increasing dependence on foreign energy supplies pre­sent a serious threat to the national security of the United States and to the health, safety and welfare of its citizens;
(3) a strong national energy program is needed to meet the present and future energy needs of the Nation consistent with overall national economic, environmental and social goals;
(4) responsibility for energy policy, regulation, and research, development and demonstration is fragmented in many departments and agencies and thus does not allow for the comprehensive, centralized focus necessary for effective coordination of energy supply and conservation programs; and
(5) formulation and implementation of a national energy program require the integration of major Federal energy functions into a single department in the executive branch.
(Pub. L. 95–91, title I, § 101, Aug. 4, 1977, 91 Stat. 567.)
42 U.S.C. § 7113 (THE PUBLIC HEALTH AND WELFARE)
§ 7113. Relationship with States
Whenever any proposed action by the Department conflicts with the energy plan of any State, the Department shall give due consideration to the needs of such State, and where practicable, shall attempt to resolve such conflict through consultations with appropriate State officials. Nothing in this chapter shall affect the authority of any State over matters exclusively within its jurisdiction.
(Pub. L. 95–91, title I, § 103, Aug. 4, 1977, 91 Stat. 569.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.
42 U.S.C. § 7131 (THE PUBLIC HEALTH AND WELFARE)
§ 7131. Establishment
There is established at the seat of government an executive department to be known as the Department of Energy. There shall be at the head of the Department a Secretary of Energy (hereinafter in this chapter referred to as the “Secretary”), who shall be appointed by the President by and with the advice and consent of the Senate. The Department shall be administered, in accordance with the provisions of this chapter, under the supervision and direction of the Secretary.
(Pub. L. 95–91, title II, § 201, Aug. 4, 1977, 91 Stat. 569.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, as amended, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.
heading: Transfer of Functions
text: For transfer of functions, personnel, assets, and liabilities of the Department of Energy, including the functions of the Secretary of Energy relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 121(g)(4), 183(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.