dreamproit/uscode huggingface dataset:
42 U.S.C. § 10004 (THE PUBLIC HEALTH AND WELFARE)
§ 10004. Promulgation of standards
(a) Within twelve months after August 13, 1981, the Secretary, in consultation with the Radiation Policy Council, the Secretary of Veterans Affairs, the Administrator of the Environmental Protection Agency, appropriate agencies of the States, and appropriate professional organizations, shall by regulation promulgate minimum standards for the accreditation of educational programs to train individuals to perform radiologic procedures. Such standards shall distinguish between programs for the education of (1) medical radiologic technologists (including radiographers), (2) dental auxiliaries (including dental hygienists and assistants), (3) radiation therapy technologists, (4) nuclear medicine technologists, and (5) such other kinds of health auxiliaries who administer radiologic procedures as the Secretary determines appropriate. Such standards shall not be applicable to educational programs for practitioners.
(b) Within twelve months after August 13, 1981, the Secretary, in consultation with the Radiation Policy Council, the Secretary of Veterans Affairs, the Administrator of the Environmental Protection Agency, interested agencies of the States, and appropriate professional organizations, shall by regulation promulgate minimum standards for the certification of persons who administer radiologic procedures. Such standards shall distinguish between certification of (1) medical radiologic technologists (including radiographers), (2) dental auxiliaries (including dental hygienists and assistants), (3) radiation therapy technologists, (4) nuclear medicine technologists, and (5) such other kinds of health auxiliaries who administer radiologic procedures as the Secretary determines appropriate. Such standards shall include minimum certification criteria for individuals with regard to accredited education, practical experience, successful passage of required examinations, and such other criteria as the Secretary shall deem necessary for the adequate qualification of individuals to administer radiologic procedures. Such standards shall not apply to practitioners.
(Pub. L. 97–35, title IX, § 979, Aug. 13, 1981, 95 Stat. 599; Pub. L. 102–54, § 13(q)(13)(A), June 13, 1991, 105 Stat. 281.)
heading: Amendments
text: 1991—Subsecs. (a), (b). Pub. L. 102–54 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.
42 U.S.C. § 10005 (THE PUBLIC HEALTH AND WELFARE)
§ 10005. Model statute
In order to encourage the administration of accreditation and certification programs by the States, the Secretary shall prepare and transmit to the States a model statute for radiologic procedure safety. Such model statute shall provide that—
(1) it shall be unlawful in a State for individuals to perform radiologic procedures unless such individuals are certified by the State to perform such procedures; and
(2) any educational requirements for certification of individuals to perform radiologic procedures shall be limited to educational programs accredited by the State.
(Pub. L. 97–35, title IX, § 980, Aug. 13, 1981, 95 Stat. 600.)
42 U.S.C. § 10006 (THE PUBLIC HEALTH AND WELFARE)
§ 10006. Compliance
(a) Implementation by Secretary
The Secretary shall take all actions consistent with law to effectuate the purposes of this chapter.
(b) Accreditation or certification program
A State may utilize an accreditation or certification program administered by a private entity if—
(1) such State delegates the administration of the State accreditation or certification program to such private entity;
(2) such program is approved by the State; and
(3) such program is consistent with the minimum Federal standards promulgated under this chapter for such program.
(c) Noncompliance; proposed legislative changes
Absent compliance by the States with the provisions of this chapter within three years after August 13, 1981, the Secretary shall report to the Congress recommendations for legislative changes considered necessary to assure the States’ compliance with this chapter.
(d) Repealed. Pub. L. 104–66, title I, § 1061(b), Dec. 21, 1995, 109 Stat. 719
(e) Existing standards and guidelines
Notwithstanding any other provision of this section, in the case of a State which has, prior to the effective date of standards and guidelines promulgated pursuant to this chapter, established standards for the accreditation of educational programs and certification of radiologic technologists, such State shall be deemed to be in compliance with the conditions of this section unless the Secretary determines, after notice and hearing, that such State standards do not meet the minimum standards prescribed by the Secretary or are inconsistent with the purposes of this chapter.
(Pub. L. 97–35, title IX, § 981, Aug. 13, 1981, 95 Stat. 600; Pub. L. 104–66, title I, § 1061(b), Dec. 21, 1995, 109 Stat. 719.)
heading: Amendments
text: 1995—Subsec. (d). Pub. L. 104–66 struck out subsec. (d) which read as follows: “The Secretary shall be responsible for continued monitoring of compliance by the States with the applicable provisions of this chapter and shall report to the Senate and the House of Representatives by January 1, 1982, and January 1 of each succeeding year the status of the States’ compliance with the purposes of this chapter.”
42 U.S.C. § 10007 (THE PUBLIC HEALTH AND WELFARE)
§ 10007. Federal radiation guidelines
The Secretary shall, in conjunction with the Radiation Policy Council, the Secretary of Veterans Affairs, the Administrator of the Environmental Protection Agency, appropriate agencies of the States, and appropriate professional organizations, promulgate Federal radiation guidelines with respect to radiologic procedures. Such guidelines shall—
(1) determine the level of radiation exposure due to radiologic procedures which is unnecessary and specify the techniques, procedures, and methods to minimize such unnecessary exposure;
(2) provide for the elimination of the need for retakes of diagnostic radiologic procedures;
(3) provide for the elimination of unproductive screening programs;
(4) provide for the optimum diagnostic information with minimum radiologic exposure; and
(5) include the therapeutic application of radiation to individuals in the treatment of disease, including nuclear medicine applications.
(Pub. L. 97–35, title IX, § 982, Aug. 13, 1981, 95 Stat. 601; Pub. L. 102–54, § 13(q)(13)(B), June 13, 1991, 105 Stat. 281.)
heading: Amendments
text: 1991—Pub. L. 102–54 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs” in introductory provisions.
42 U.S.C. § 10008 (THE PUBLIC HEALTH AND WELFARE)
§ 10008. Applicability to Federal agencies
(a) Except as provided in subsection (b) of this section, each department, agency, and instrumentality of the executive branch of the Federal Government shall comply with standards promulgated pursuant to this chapter.
(b) The Secretary of Veterans Affairs, through the Under Secretary for Health of the Department of Veterans Affairs, shall, to the maximum extent feasible consistent with the responsibilities of such Secretary and Under Secretary for Health under title 38, prescribe regulations making the standards promulgated pursuant to this chapter applicable to the provision of radiologic procedures in facilities over which that Secretary has jurisdiction. In prescribing and implementing regulations pursuant to this subsection, the Secretary of Veterans Affairs shall consult with the Secretary in order to achieve the maximum possible coordination of the regulations, standards, and guidelines, and the implementation thereof, which the Secretary and the Secretary of Veterans Affairs prescribe under this chapter.
(Pub. L. 97–35, title IX, § 983, Aug. 13, 1981, 95 Stat. 601; Pub. L. 102–54, § 13(q)(13)(C), June 13, 1991, 105 Stat. 282; Pub. L. 102–405, title III, § 302(e)(1), Oct. 9, 1992, 106 Stat. 1985.)
heading: Amendments
text: 1992—Subsec. (b). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director” in two places.
1991—Subsec. (b). Pub. L. 102–54 substituted “The Secretary of Veterans Affairs, through the Chief Medical Director of the Department of Veterans Affairs, shall, to the maximum extent feasible consistent with the responsibilities of such Secretary and Chief Medical Director under title 38” for “(1) The Administrator of Veterans’ Affairs, through the Chief Medical Director of the Veterans’ Administration, shall, to the maximum extent feasible consistent with the responsibilities of such Administrator and Chief Medical Director under subtitle 38”, “over which that Secretary” for “over which the Administrator”, and “Secretary of Veterans Affairs” for “Administrator” wherever else appearing, and struck out pars. (2) and (3) which read as follows:
“(2) Not later than 180 days after standards are promulgated by the Secretary pursuant to this chapter, the Administrator of Veterans’ Affairs shall submit to the appropriate committees of Congress a full report with respect to the regulations (including guidelines, policies, and procedures thereunder) prescribed pursuant to paragraph (1) of this subsection. Such report shall include—
“(A) an explanation of any inconsistency between standards made applicable by such regulations and the standards promulgated by the Secretary pursuant to this chapter;
“(B) an account of the extent, substance, and results of consultations with the Secretary respecting the prescription and implementation of regulations by the Administrator; and
“(C) such recommendations for legislation and administrative action as the Administrator determines are necessary and desirable.
“(3) The Administrator of Veterans’ Affairs shall publish the report required by paragraph (2) in the Federal Register.”
42 U.S.C. § 10102 (THE PUBLIC HEALTH AND WELFARE)
§ 10102. Separability
If any provision of this chapter, or the application of such provision to any person or circumstance, is held invalid, the remainder of this chapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
(Pub. L. 97–425, § 3, Jan. 7, 1983, 96 Stat. 2205.)
42 U.S.C. § 10104 (THE PUBLIC HEALTH AND WELFARE)
§ 10104. Ocean disposal
Nothing in this chapter shall be deemed to affect the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.).
(Pub. L. 97–425, § 5, Jan. 7, 1983, 96 Stat. 2205.)
heading: References in Text
text: The Marine Protection, Research, and Sanctuaries Act of 1972, referred to in text, is Pub. L. 92–532, Oct. 23, 1972, 86 Stat. 1052, as amended, which enacted chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Conservation, and chapters 27 (§ 1401 et seq.) and 41 (§ 2801 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1401 of Title 33 and Tables.
42 U.S.C. § 10105 (THE PUBLIC HEALTH AND WELFARE)
§ 10105. Limitation on spending authority
The authority under this chapter to incur indebtedness, or enter into contracts, obligating amounts to be expended by the Federal Government shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance by appropriation Acts.
(Pub. L. 97–425, § 6, Jan. 7, 1983, 96 Stat. 2205.)
42 U.S.C. § 10107 (THE PUBLIC HEALTH AND WELFARE)
§ 10107. Applicability to atomic energy defense activities
(a) Atomic energy defense activities
Subject to the provisions of subsection (c) of this section, the provisions of this chapter shall not apply with respect to any atomic energy defense activity or to any facility used in connection with any such activity.
(b) Evaluation by President
(1) Not later than 2 years after January 7, 1983, the President shall evaluate the use of disposal capacity at one or more repositories to be developed under part A of subchapter I of this chapter for the disposal of high-level radioactive waste resulting from atomic energy defense activities. Such evaluation shall take into consideration factors relating to cost efficiency, health and safety, regulation, transportation, public acceptability, and national security.
(2) Unless the President finds, after conducting the evaluation required in paragraph (1), that the development of a repository for the disposal of high-level radioactive waste resulting from atomic energy defense activities only is required, taking into account all of the factors described in such subsection, the Secretary shall proceed promptly with arrangement for the use of one or more of the repositories to be developed under part A of subchapter I of this chapter for the disposal of such waste. Such arrangements shall include the allocation of costs of developing, constructing, and operating this repository or repositories. The costs resulting from permanent disposal of high-level radioactive waste from atomic energy defense activities shall be paid by the Federal Government, into the special account established under section 10222 of this title.
(3) Any repository for the disposal of high-level radioactive waste resulting from atomic energy defense activities only shall (A) be subject to licensing under section 5842 of this title; and (B) comply with all requirements of the Commission for the siting, development, construction, and operation of a repository.
(c) Applicability to certain repositories
The provisions of this chapter shall apply with respect to any repository not used exclusively for the disposal of high-level radioactive waste or spent nuclear fuel resulting from atomic energy defense activities, research and development activities of the Secretary, or both.
(Pub. L. 97–425, § 8, Jan. 7, 1983, 96 Stat. 2205.)
42 U.S.C. § 10108 (THE PUBLIC HEALTH AND WELFARE)
§ 10108. Applicability to transportation
Nothing in this chapter shall be construed to affect Federal, State, or local laws pertaining to the transportation of spent nuclear fuel or high-level radioactive waste.
(Pub. L. 97–425, § 9, Jan. 7, 1983, 96 Stat. 2206.)
42 U.S.C. § 10121 (THE PUBLIC HEALTH AND WELFARE)
§ 10121. State and affected Indian tribe participation in development of proposed repositories for defense waste
(a) Notification to States and affected Indian tribes
Notwithstanding the provisions of section 10107 of this title, upon any decision by the Secretary or the President to develop a repository for the disposal of high-level radioactive waste or spent nuclear fuel resulting exclusively from atomic energy defense activities, research and development activities of the Secretary, or both, and before proceeding with any site-specific investigations with respect to such repository, the Secretary shall notify the Governor and legislature of the State in which such repository is proposed to be located, or the governing body of the affected Indian tribe on whose reservation such repository is proposed to be located, as the case may be, of such decision.
(b) Participation of States and affected Indian tribes
Following the receipt of any notification under subsection (a) of this section, the State or Indian tribe involved shall be entitled, with respect to the proposed repository involved, to rights of participation and consultation identical to those provided in sections 10135 through 10138 of this title, except that any financial assistance authorized to be provided to such State or affected Indian tribe under section 10136(c) or 10138(b) of this title shall be made from amounts appropriated to the Secretary for purposes of carrying out this section.
(Pub. L. 97–425, title I, § 101, Jan. 7, 1983, 96 Stat. 2206.)
42 U.S.C. § 10131 (THE PUBLIC HEALTH AND WELFARE)
§ 10131. Findings and purposes
(a) The Congress finds that—
(1) radioactive waste creates potential risks and requires safe and environmentally acceptable methods of disposal;
(2) a national problem has been created by the accumulation of (A) spent nuclear fuel from nuclear reactors; and (B) radioactive waste from (i) reprocessing of spent nuclear fuel; (ii) activities related to medical research, diagnosis, and treatment; and (iii) other sources;
(3) Federal efforts during the past 30 years to devise a permanent solution to the problems of civilian radioactive waste disposal have not been adequate;
(4) while the Federal Government has the responsibility to provide for the permanent disposal of high-level radioactive waste and such spent nuclear fuel as may be disposed of in order to protect the public health and safety and the environment, the costs of such disposal should be the responsibility of the generators and owners of such waste and spent fuel;
(5) the generators and owners of high-level radioactive waste and spent nuclear fuel have the primary responsibility to provide for, and the responsibility to pay the costs of, the interim storage of such waste and spent fuel until such waste and spent fuel is accepted by the Secretary of Energy in accordance with the provisions of this chapter;
(6) State and public participation in the planning and development of repositories is essential in order to promote public confidence in the safety of disposal of such waste and spent fuel; and
(7) high-level radioactive waste and spent nuclear fuel have become major subjects of public concern, and appropriate precautions must be taken to ensure that such waste and spent fuel do not adversely affect the public health and safety and the environment for this or future generations.
(b) The purposes of this part are—
(1) to establish a schedule for the siting, construction, and operation of repositories that will provide a reasonable assurance that the public and the environment will be adequately protected from the hazards posed by high-level radioactive waste and such spent nuclear fuel as may be disposed of in a repository;
(2) to establish the Federal responsibility, and a definite Federal policy, for the disposal of such waste and spent fuel;
(3) to define the relationship between the Federal Government and the State governments with respect to the disposal of such waste and spent fuel; and
(4) to establish a Nuclear Waste Fund, composed of payments made by the generators and owners of such waste and spent fuel, that will ensure that the costs of carrying out activities relating to the disposal of such waste and spent fuel will be borne by the persons responsible for generating such waste and spent fuel.
(Pub. L. 97–425, title I, § 111, Jan. 7, 1983, 96 Stat. 2207.)
42 U.S.C. § 10139 (THE PUBLIC HEALTH AND WELFARE)
§ 10139. Judicial review of agency actions
(a) Jurisdiction of United States courts of appeals
(1) Except for review in the Supreme Court of the United States, the United States courts of appeals shall have original and exclusive jurisdiction over any civil action—
(A) for review of any final decision or action of the Secretary, the President, or the Commission under this part;
(B) alleging the failure of the Secretary, the President, or the Commission to make any decision, or take any action, required under this part;
(C) challenging the constitutionality of any decision made, or action taken, under any provision of this part;
(D) for review of any environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any action under this part, or as required under section 10155(c)(1) of this title, or alleging a failure to prepare such statement with respect to any such action;
(E) for review of any environmental assessment prepared under section 10132(b)(1) or 10155(c)(2) of this title; or
(F) for review of any research and development activity under subchapter II of this chapter.
(2) The venue of any proceeding under this section shall be in the judicial circuit in which the petitioner involved resides or has its principal office, or in the United States Court of Appeals for the District of Columbia.
(c) 1 Deadline for commencing action
A civil action for judicial review described under subsection (a)(1) of this section may be brought not later than the 180th day after the date of the decision or action or failure to act involved, as the case may be, except that if a party shows that he did not know of the decision or action complained of (or of the failure to act), and that a reasonable person acting under the circumstances would not have known, such party may bring a civil action not later than the 180th day after the date such party acquired actual or constructive knowledge of such decision, action, or failure to act.
(Pub. L. 97–425, title I, § 119, Jan. 7, 1983, 96 Stat. 2227.)
heading: References in Text
text: The National Environmental Policy Act of 1969, referred to in subsec. (a)(1)(D), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables.
42 U.S.C. § 10140 (THE PUBLIC HEALTH AND WELFARE)
§ 10140. Expedited authorizations
(a) Issuance of authorizations
(1) To the extent that the taking of any action related to the site characterization of a site or the construction or initial operation of a repository under this part requires a certificate, right-of-way, permit, lease, or other authorization from a Federal agency or officer, such agency or officer shall issue or grant any such authorization at the earliest practicable date, to the extent permitted by the applicable provisions of law administered by such agency or officer. All actions of a Federal agency or officer with respect to consideration of applications or requests for the issuance or grant of any such authorization shall be expedited, and any such application or request shall take precedence over any similar applications or requests not related to such repositories.
(2) The provisions of paragraph (1) shall not apply to any certificate, right-of-way, permit, lease, or other authorization issued or granted by, or requested from, the Commission.
(b) Terms of authorizations
Any authorization issued or granted pursuant to subsection (a) of this section shall include such terms and conditions as may be required by law, and may include terms and conditions permitted by law.
(Pub. L. 97–425, title I, § 120, Jan. 7, 1983, 96 Stat. 2227.)
42 U.S.C. § 10142 (THE PUBLIC HEALTH AND WELFARE)
§ 10142. Disposal of spent nuclear fuel
Notwithstanding any other provision of this part, any repository constructed on a site approved under this part shall be designed and constructed to permit the retrieval of any spent nuclear fuel placed in such repository, during an appropriate period of operation of the facility, for any reason pertaining to the public health and safety, or the environment, or for the purpose of permitting the recovery of the economically valuable contents of such spent fuel. The Secretary shall specify the appropriate period of retrievability with respect to any repository at the time of design of such repository, and such aspect of such repository shall be subject to approval or disapproval by the Commission as part of the construction authorization process under subsections (b) through (d) of section 10134 of this title.
(Pub. L. 97–425, title I, § 122, Jan. 7, 1983, 96 Stat. 2228.)
42 U.S.C. § 10143 (THE PUBLIC HEALTH AND WELFARE)
§ 10143. Title to material
Delivery, and acceptance by the Secretary, of any high-level radioactive waste or spent nuclear fuel for a repository constructed under this part shall constitute a transfer to the Secretary of title to such waste or spent fuel.
(Pub. L. 97–425, title I, § 123, Jan. 7, 1983, 96 Stat. 2229.)
42 U.S.C. § 10144 (THE PUBLIC HEALTH AND WELFARE)
§ 10144. Consideration of effect of acquisition of water rights
The Secretary shall give full consideration to whether the development, construction, and operation of a repository may require any purchase or other acquisition of water rights that will have a significant adverse effect on the present or future development of the area in which such repository is located. The Secretary shall mitigate any such adverse effects to the maximum extent practicable.
(Pub. L. 97–425, title I, § 124, Jan. 7, 1983, 96 Stat. 2229.)