dreamproit/uscode huggingface dataset:
42 U.S.C. § 14304 (THE PUBLIC HEALTH AND WELFARE)
§ 14304. Enforcement
(a) Civil penalty
When on the basis of any information the Administrator determines that a person has violated, or is in violation of, any requirement of this chapter (except a requirement of section 14323 of this title) the Administrator—
(1) in the case of any violation, may issue an order assessing a civil penalty of not more than $10,000 for each violation, or requiring compliance immediately or within a reasonable specified time period, or both; or
(2) in the case of any violation or failure to comply with an order issued under this section, may commence a civil action in the United States district court in the district in which the violation occurred or in the district in which the violator resides for appropriate relief, including a temporary or permanent injunction.
(b) Contents of order
An order under subsection (a)(1) of this section shall state with reasonable specificity the nature of the violation.
(c) Considerations
In assessing a civil penalty under subsection (a)(1) of this section, the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements.
(d) Finality of order; request for hearing
An order under subsection (a)(1) of this section shall become final unless, not later than 30 days after the order is served, a person named in the order requests a hearing on the record.
(e) Hearing
On receiving a request under subsection (d) of this section, the Administrator shall promptly conduct a hearing on the record.
(f) Subpoena power
In connection with any hearing on the record under this section, the Administrator may issue subpoenas for the attendance and testimony of witnesses and for the production of relevant papers, books, and documents.
(g) Continued violation after expiration of period for compliance
If a violator fails to take corrective action within the time specified in an order under subsection (a)(1) of this section, the Administrator may assess a civil penalty of not more than $10,000 for the continued noncompliance with the order.
(h) Savings provision
The Administrator may not take any enforcement action against a person for selling, offering for sale, or offering for promotional purposes to the ultimate consumer a battery or product covered by this chapter that was—
(1) purchased ready for sale to the ultimate consumer; and
(2) sold, offered for sale, or offered for promotional purposes without modification.
The preceding sentence shall not apply to a person—
(A) who is the importer of a battery covered by this chapter, and
(B) who has knowledge of the chemical contents of the battery
when such chemical contents make the sale, offering for sale, or offering for promotional purposes of such battery unlawful under subchapter III of this chapter.
(Pub. L. 104–142, § 5, May 13, 1996, 110 Stat. 1331.)
42 U.S.C. § 14305 (THE PUBLIC HEALTH AND WELFARE)
§ 14305. Information gathering and access
(a) Records and reports
A person who is required to carry out the objectives of this chapter, including—
(1) a regulated battery manufacturer;
(2) a rechargeable consumer product manufacturer;
(3) a mercury-containing battery manufacturer; and
(4) an authorized agent of a person described in paragraph (1), (2), or (3),
shall establish and maintain such records and report such information as the Administrator may by regulation reasonably require to carry out the objectives of this chapter.
(b) Access and copying
The Administrator or the Administrator’s authorized representative, on presentation of credentials of the Administrator, may at reasonable times have access to and copy any records required to be maintained under subsection (a) of this section.
(c) Confidentiality
The Administrator shall maintain the confidentiality of documents and records that contain proprietary information.
(Pub. L. 104–142, § 6, May 13, 1996, 110 Stat. 1332.)
42 U.S.C. § 14306 (THE PUBLIC HEALTH AND WELFARE)
§ 14306. State authority
Nothing in this chapter shall be construed to prohibit a State from enacting and enforcing a standard or requirement that is identical to a standard or requirement established or promulgated under this chapter. Except as provided in sections 14322(e) and 14323 of this title, nothing in this chapter shall be construed to prohibit a State from enacting and enforcing a standard or requirement that is more stringent than a standard or requirement established or promulgated under this chapter.
(Pub. L. 104–142, § 7, May 13, 1996, 110 Stat. 1332.)
42 U.S.C. § 14321 (THE PUBLIC HEALTH AND WELFARE)
§ 14321. Purpose
The purpose of this subchapter is to facilitate the efficient recycling or proper disposal of used nickel-cadmium rechargeable batteries, used small sealed lead-acid rechargeable batteries, other regulated batteries, and such rechargeable batteries in used consumer products, by—
(1) providing for uniform labeling requirements and streamlined regulatory requirements for regulated battery collection programs; and
(2) encouraging voluntary industry programs by eliminating barriers to funding the collection and recycling or proper disposal of used rechargeable batteries.
(Pub. L. 104–142, title I, § 102, May 13, 1996, 110 Stat. 1332.)
42 U.S.C. § 14323 (THE PUBLIC HEALTH AND WELFARE)
§ 14323. Requirements
(a) Batteries subject to certain regulations
The collection, storage, or transportation of used rechargeable batteries, batteries described in section 14302(5)(C) of this title or in subchapter III of this chapter, and used rechargeable consumer products containing rechargeable batteries that are not easily removable rechargeable batteries, shall, notwithstanding any law of a State or political subdivision thereof governing such collection, storage, or transportation, be regulated under applicable provisions of the regulations promulgated by the Environmental Protection Agency at 60 Fed. Reg. 25492 (May 11, 1995), as effective on May 11, 1995, except as provided in paragraph (2) of subsection (b) of this section and except that—
(1) the requirements of 40 CFR 260.20, 260.40, and 260.41 and the equivalent requirements of an approved State program shall not apply, and
(2) this section shall not apply to any lead acid battery managed under 40 CFR 266 subpart G or the equivalent requirements of an approved State program.
(b) Enforcement under Solid Waste Disposal Act
(1) Any person who fails to comply with the requirements imposed by subsection (a) of this section may be subject to enforcement under applicable provisions of the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.].
(2) States may implement and enforce the requirements of subsection (a) of this section if the Administrator finds that—
(A) the State has adopted requirements that are identical to those referred to in subsection (a) of this section governing the collection, storage, or transportation of batteries referred to in subsection (a) of this section; and
(B) the State provides for enforcement of such requirements.
(Pub. L. 104–142, title I, § 104, May 13, 1996, 110 Stat. 1335.)
heading: References in Text
text: The Solid Waste Disposal Act, referred to in subsec. (b)(1), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables.
42 U.S.C. § 14332 (THE PUBLIC HEALTH AND WELFARE)
§ 14332. Limitations on sale of alkaline-manganese batteries containing mercury
No person shall sell, offer for sale, or offer for promotional purposes any alkaline-manganese battery manufactured on or after May 13, 1996, with a mercury content that was intentionally introduced (as distinguished from mercury that may be incidentally present in other materials), except that the limitation on mercury content in alkaline-manganese button cells shall be 25 milligrams of mercury per button cell.
(Pub. L. 104–142, title II, § 203, May 13, 1996, 110 Stat. 1336.)
42 U.S.C. § 14333 (THE PUBLIC HEALTH AND WELFARE)
§ 14333. Limitations on sale of zinc-carbon batteries containing mercury
No person shall sell, offer for sale, or offer for promotional purposes any zinc-carbon battery manufactured on or after May 13, 1996, that contains mercury that was intentionally introduced as described in section 14332 of this title.
(Pub. L. 104–142, title II, § 204, May 13, 1996, 110 Stat. 1336.)
42 U.S.C. § 14334 (THE PUBLIC HEALTH AND WELFARE)
§ 14334. Limitations on sale of button cell mercuric-oxide batteries
No person shall sell, offer for sale, or offer for promotional purposes any button cell mercuric-oxide battery for use in the United States on or after May 13, 1996.
(Pub. L. 104–142, title II, § 205, May 13, 1996, 110 Stat. 1336.)
42 U.S.C. § 14335 (THE PUBLIC HEALTH AND WELFARE)
§ 14335. Limitations on sale of other mercuric-oxide batteries
(a) Prohibition
On or after May 13, 1996, no person shall sell, offer for sale, or offer for promotional purposes a mercuric-oxide battery for use in the United States unless the battery manufacturer, or the importer of such a battery—
(1) identifies a collection site in the United States that has all required Federal, State, and local government approvals, to which persons may send used mercuric-oxide batteries for recycling or proper disposal;
(2) informs each of its purchasers of mercuric-oxide batteries of the collection site identified under paragraph (1); and
(3) informs each of its purchasers of mercuric-oxide batteries of a telephone number that the purchaser may call to get information about sending mercuric-oxide batteries for recycling or proper disposal.
(b) Application of section
This section does not apply to a sale or offer of a mercuric-oxide button cell battery.
(Pub. L. 104–142, title II, § 206, May 13, 1996, 110 Stat. 1336.)
42 U.S.C. § 14336 (THE PUBLIC HEALTH AND WELFARE)
§ 14336. New product or use
On petition of a person that proposes a new use for a battery technology described in this subchapter or the use of a battery described in this subchapter in a new product, the Administrator may exempt from this subchapter the new use of the technology or the use of such a battery in the new product on the condition, if appropriate, that there exist reasonable safeguards to ensure that the resulting battery or product without an easily removable battery will not be disposed of in an incinerator, composting facility, or landfill (other than a facility regulated under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.)).
(Pub. L. 104–142, title II, § 207, May 13, 1996, 110 Stat. 1336.)
heading: References in Text
text: The Solid Waste Disposal Act, referred to in text, is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795. Subtitle C of the Act is classified generally to subchapter III (§ 6921 et seq.) of chapter 82 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables.
42 U.S.C. § 14403 (THE PUBLIC HEALTH AND WELFARE)
§ 14403. Restriction on use of Federal funds under certain grant programs
Subject to section 14402(b) of this title (relating to construction and treatment of certain services), no funds appropriated by Congress to carry out subtitle B, D, or E of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15021 et seq., 15061 et seq., 15081 et seq.] may be used to support or fund any program or service which has a purpose of assisting in procuring any item, benefit, or service furnished for the purpose of causing, or the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.
(Pub. L. 105–12, § 4, Apr. 30, 1997, 111 Stat. 25; Pub. L. 106–402, title IV, § 401(b)(15)(A), Oct. 30, 2000, 114 Stat. 1740.)
heading: References in Text
text: The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in text, is Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677. Subtitles B, D, and E of the Act probably mean subtitles B, D, and E of title I of the Act, which are classified generally to parts B [§ 15021 et seq.], D [§ 15061 et seq.], and E [§ 15081 et seq.], respectively, of subchapter I of chapter 144 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 15001 of this title and Tables.
heading: Amendments
text: 2000—Pub. L. 106–402, § 401(b)(15)(A)(i), substituted “Restriction on use of Federal funds under certain grant programs” for “Restriction on use of Federal funds under certain grant programs under the Developmental Disabilities Assistance and Bill of Rights Act” in section catchline.
Pub. L. 106–402, § 401(b)(15)(A)(ii), substituted “subtitle B, D, or E of the Developmental Disabilities Assistance and Bill of Rights Act of 2000” for “part B, D, or E of the Developmental Disabilities Assistance and Bill of Rights Act”.
42 U.S.C. § 14405 (THE PUBLIC HEALTH AND WELFARE)
§ 14405. Restriction on use of other Federal funds
(a) In general
Subject to section 14402(b) of this title (relating to construction and treatment of certain services) and subsection (b) of this section, no funds appropriated by the Congress shall be used to provide, procure, furnish, or fund any item, good, benefit, activity, or service, furnished or performed for the purpose of causing, or assisting in causing, the suicide, euthanasia, or mercy killing of any individual.
(b) Nonduplication
Subsection (a) of this section shall not apply to funds to which section 14402, 14403, or 14404 of this title applies, except that subsection (a) of this section, rather than section 14402 of this title, shall apply to funds appropriated to carry out title 10 (other than chapter 55), title 18 (other than section 4005(a)), and chapter 37 of title 28.
(Pub. L. 105–12, § 6, Apr. 30, 1997, 111 Stat. 25.)
42 U.S.C. § 14406 (THE PUBLIC HEALTH AND WELFARE)
§ 14406. Clarification with respect to advance directives
Subject to section 14402(b) of this title (relating to construction and treatment of certain services), sections 1395cc(f) and 1396a(w) of this title shall not be construed—
(1) to require any provider or organization, or any employee of such a provider or organization, to inform or counsel any individual regarding any right to obtain an item or service furnished for the purpose of causing, or the purpose of assisting in causing, the death of the individual, such as by assisted suicide, euthanasia, or mercy killing; or
(2) to apply to or to affect any requirement with respect to a portion of an advance directive that directs the purposeful causing of, or the purposeful assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.
(Pub. L. 105–12, § 7, Apr. 30, 1997, 111 Stat. 26.)
42 U.S.C. § 14407 (THE PUBLIC HEALTH AND WELFARE)
§ 14407. Application to District of Columbia
For purposes of this chapter, the term “funds appropriated by Congress” includes funds appropriated to the District of Columbia pursuant to an authorization of appropriations under title V of the District of Columbia Home Rule Act and the term “Federal government” includes the government of the District of Columbia.
(Pub. L. 105–12, § 8, Apr. 30, 1997, 111 Stat. 26; Pub. L. 105–33, title XI, § 11717(b), Aug. 5, 1997, 111 Stat. 786.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 105–12, Apr. 30, 1997, 111 Stat. 23, known as the Assisted Suicide Funding Restriction Act of 1997, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 14401 of this title and Tables.
The District of Columbia Home Rule Act, referred to in text, is Pub. L. 93–198, Dec. 24, 1973, 87 Stat. 774, as amended. Title V of the Act was classified to the District of Columbia Code prior to repeal by Pub. L. 105–33, title XI, § 11601, Aug. 5, 1997, 111 Stat. 777.
heading: Amendments
text: 1997—Pub. L. 105–33 substituted “District of Columbia Home Rule Act” for “District of Columbia Self-Government and Governmental Reorganization Act”.
heading: Effective Date of 1997 Amendment
text: Amendment by Pub. L. 105–33 effective Oct. 1, 1997, except as otherwise provided in title XI of Pub. L. 105–33, see section 11721 of Pub. L. 105–33, set out as a note under section 4246 of Title 18, Crimes and Criminal Procedure.
42 U.S.C. § 14408 (THE PUBLIC HEALTH AND WELFARE)
§ 14408. Relation to other laws
The provisions of this chapter supersede other Federal laws (including laws enacted after April 30, 1997) except to the extent such laws specifically supersede the provisions of this chapter.
(Pub. L. 105–12, § 10, Apr. 30, 1997, 111 Stat. 29.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 105–12, Apr. 30, 1997, 111 Stat. 23, known as the Assisted Suicide Funding Restriction Act of 1997, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 14401 of this title and Tables.
42 U.S.C. § 14502 (THE PUBLIC HEALTH AND WELFARE)
§ 14502. Preemption and election of State nonapplicability
(a) Preemption
This chapter preempts the laws of any State to the extent that such laws are inconsistent with this chapter, except that this chapter shall not preempt any State law that provides additional protection from liability relating to volunteers or to any category of volunteers in the performance of services for a nonprofit organization or governmental entity.
(b) Election of State regarding nonapplicability
This chapter shall not apply to any civil action in a State court against a volunteer in which all parties are citizens of the State if such State enacts a statute in accordance with State requirements for enacting legislation—
(1) citing the authority of this subsection;
(2) declaring the election of such State that this chapter shall not apply, as of a date certain, to such civil action in the State; and
(3) containing no other provisions.
(Pub. L. 105–19, § 3, June 18, 1997, 111 Stat. 219.)
42 U.S.C. § 14504 (THE PUBLIC HEALTH AND WELFARE)
§ 14504. Liability for noneconomic loss
(a) General rule
In any civil action against a volunteer, based on an action of a volunteer acting within the scope of the volunteer’s responsibilities to a nonprofit organization or governmental entity, the liability of the volunteer for noneconomic loss shall be determined in accordance with subsection (b) of this section.
(b) Amount of liability
(1) In general
Each defendant who is a volunteer, shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable. The court shall render a separate judgment against each defendant in an amount determined pursuant to the preceding sentence.
(2) Percentage of responsibility
For purposes of determining the amount of noneconomic loss allocated to a defendant who is a volunteer under this section, the trier of fact shall determine the percentage of responsibility of that defendant for the claimant’s harm.
(Pub. L. 105–19, § 5, June 18, 1997, 111 Stat. 221.)
42 U.S.C. § 14505 (THE PUBLIC HEALTH AND WELFARE)
§ 14505. Definitions
For purposes of this chapter:
(1) Economic loss
The term “economic loss” means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law.
(2) Harm
The term “harm” includes physical, nonphysical, economic, and noneconomic losses.
(3) Noneconomic losses
The term “noneconomic losses” means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature.
(4) Nonprofit organization
The term “nonprofit organization” means—
(A) any organization which is described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title and which does not practice any action which constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note); or
(B) any not-for-profit organization which is organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes and which does not practice any action which constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note).
(5) State
The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession.
(6) Volunteer
The term “volunteer” means an individual performing services for a nonprofit organization or a governmental entity who does not receive—
(A) compensation (other than reasonable reimbursement or allowance for expenses actually incurred); or
(B) any other thing of value in lieu of compensation,
in excess of $500 per year, and such term includes a volunteer serving as a director, officer, trustee, or direct service volunteer.
(Pub. L. 105–19, § 6, June 18, 1997, 111 Stat. 221.)
heading: References in Text
text: The Hate Crime Statistics Act, referred to in par. (4), is Pub. L. 101–275, Apr. 23, 1990, 104 Stat. 140, which is set out as a note under section 534 of Title 28, Judiciary and Judicial Procedure.
42 U.S.C. § 14611 (THE PUBLIC HEALTH AND WELFARE)
§ 14611. Findings
Congress finds that—
(1) both the Federal Bureau of Investigation and State criminal history record repositories maintain fingerprint-based criminal history records;
(2) these criminal history records are shared and exchanged for criminal justice purposes through a Federal-State program known as the Interstate Identification Index System;
(3) although these records are also exchanged for legally authorized, noncriminal justice uses, such as governmental licensing and employment background checks, the purposes for and procedures by which they are exchanged vary widely from State to State;
(4) an interstate and Federal-State compact is necessary to facilitate authorized interstate criminal history record exchanges for noncriminal justice purposes on a uniform basis, while permitting each State to effectuate its own dissemination policy within its own borders; and
(5) such a compact will allow Federal and State records to be provided expeditiously to governmental and nongovernmental agencies that use such records in accordance with pertinent Federal and State law, while simultaneously enhancing the accuracy of the records and safeguarding the information contained therein from unauthorized disclosure or use.
(Pub. L. 105–251, title II, § 212, Oct. 9, 1998, 112 Stat. 1874.)