dreamproit/uscode huggingface dataset:
42 U.S.C. § 10901 (THE PUBLIC HEALTH AND WELFARE)
§ 10901. Authority of Secretary to make grants
The Secretary is authorized to make a grant for any fiscal year to any State receiving a grant under title XX of the Social Security Act [42 U.S.C. 1397 et seq.] for such fiscal year to enable such State to award scholarships to eligible individuals within the State who are candidates for the Child Development Associate credential.
(Pub. L. 99–425, title VI, § 602, Sept. 30, 1986, 100 Stat. 976.)
heading: References in Text
text: The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XX of the Social Security Act is classified principally to subchapter XX (§ 1397 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.
heading: Effective Date
text: Chapter effective Oct. 1, 1986, see section 1001 of Pub. L. 99–425, set out as an Effective Date of 1986 Amendment note under section 8621 of this title.
heading: Short Title
text: Pub. L. 99–425, title VI, § 601, Sept. 30, 1986, 100 Stat. 976, provided that: “This title [enacting this chapter] may be cited as the ‘Child Development Associate Scholarship Assistance Act of 1985’.”
42 U.S.C. § 10902 (THE PUBLIC HEALTH AND WELFARE)
§ 10902. Application for grants
(a) Application required
A State desiring to participate in the grant program established by this chapter shall submit an application to the Secretary in such form as the Secretary may require.
(b) Contents of applications
A State’s application shall contain appropriate assurances that—
(1) scholarship assistance made available with funds provided under this chapter will be awarded—
(A) only to eligible individuals;
(B) on the basis of the financial need of such individuals; and
(C) in amounts sufficient to cover the cost of application, assessment, and credentialing (including, at the option of the State, any training necessary for credentialing) for the Child Development Associate credential for such individuals;
(2) not more than 35 percent of the funds received under this chapter by a State may be used to provide scholarship assistance under paragraph (1) to cover the cost of training described in paragraph (1)(C); and
(3) not more than 10 percent of the funds received by the State under this chapter will be used for the costs of administering the program established in such State to award such assistance.
(c) Equitable distribution
In making grants under this chapter, the Secretary shall—
(1) distribute such grants equitably among States; and
(2) ensure that the needs of rural and urban areas are appropriately addressed.
(Pub. L. 99–425, title VI, § 603, Sept. 30, 1986, 100 Stat. 976; Pub. L. 101–501, title V, § 501, Nov. 3, 1990, 104 Stat. 1256.)
heading: Amendments
text: 1990—Subsec. (b)(1)(C). Pub. L. 101–501, § 501(a), (b)(1), inserted “(including, at the option of the State, any training necessary for credentialing)” after “credentialing” and struck out “and” at end.
Subsec. (b)(2), (3). Pub. L. 101–501, § 501(b)(2), (3), added par. (2) and redesignated former par. (2) as (3).
heading: Effective Date of 1990 Amendment
text: Amendment by Pub. L. 101–501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as a note under section 8621 of this title.
42 U.S.C. § 10903 (THE PUBLIC HEALTH AND WELFARE)
§ 10903. Definitions
For purposes of this chapter—
(1) the term “eligible individual” means a candidate for the Child Development Associate credential whose income does not exceed the 1 130 percent of the lower living standard income level,2 by more than 50 percent;
(2) the term “lower living standard income level” means that income level (adjusted for regional, metropolitan, urban, and rural differences and family size) determined annually by the Secretary of Labor and based on the most recent lower living family budget issued by the Secretary of Labor;
(3) the term “Secretary” means the Secretary of Health and Human Services; and
(4) the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, and Palau.
(Pub. L. 99–425, title VI, § 604, Sept. 30, 1986, 100 Stat. 976; Pub. L. 101–501, title V, § 502, Nov. 3, 1990, 104 Stat. 1256.)
heading: Amendments
text: 1990—Par. (1). Pub. L. 101–501, § 502(1), substituted “130 percent of the lower living standard income level” for “poverty line, as defined in section 9902(2) of this title”.
Pars. (2) to (4). Pub. L. 101–501, § 502(2), (3), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
heading: Effective Date of 1990 Amendment
text: Amendment by Pub. L. 101–501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as a note under section 8621 of this title.
42 U.S.C. § 10904 (THE PUBLIC HEALTH AND WELFARE)
§ 10904. Annual report by States; contents; manner of payments pursuant to grants
(a) Reporting
Each State receiving grants under this chapter shall annually submit to the Secretary information on the number of eligible individuals assisted under the grant program, and their positions and salaries before and after receiving the Child Development Associate credential.
(b) Payments
Payments pursuant to grants made under this chapter may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments, as the Secretary may determine.
(Pub. L. 99–425, title VI, § 605, Sept. 30, 1986, 100 Stat. 977.)
42 U.S.C. § 10905 (THE PUBLIC HEALTH AND WELFARE)
§ 10905. Authorization of appropriations
There are authorized to be appropriated to carry out this chapter such sums as may be necessary for fiscal year 1995.
(Pub. L. 99–425, title VI, § 606, Sept. 30, 1986, 100 Stat. 977; Pub. L. 101–501, title V, § 503, Nov. 3, 1990, 104 Stat. 1256; Pub. L. 103–252, title I, § 124, May 18, 1994, 108 Stat. 650.)
heading: Amendments
text: 1994—Pub. L. 103–252 substituted “to carry out this chapter such sums as may be necessary for fiscal year 1995” for “$1,500,000 for fiscal year 1990, $3,000,000 for fiscal year 1991, and such sums as may be necessary for fiscal years 1992, 1993, and 1994 for carrying out this chapter”.
1990—Pub. L. 101–501 substituted “are authorized” for “is authorized”, inserted “, $3,000,000 for fiscal year 1991, and such sums as may be necessary for fiscal years 1992, 1993, and 1994” after “1990”, and directed the substitution of “fiscal year” for “each of the fiscal years 1987, 1988, and 1989, and”, which was executed by making the substitution for “each of the fiscal years 1987, 1988, 1989, and” to reflect the probable intent of Congress.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–252 effective May 18, 1994, but not applicable to Head Start agencies and other recipients of financial assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see section 127 of Pub. L. 103–252, set out as a note under section 9832 of this title.
heading: Effective Date of 1990 Amendment
text: Amendment by Pub. L. 101–501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as a note under section 8621 of this title.
42 U.S.C. § 11041 (THE PUBLIC HEALTH AND WELFARE)
§ 11041. Relationship to other law
(a) In general
Nothing in this chapter shall—
(1) preempt any State or local law,
(2) except as provided in subsection (b) 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, or
(3) affect or modify in any way the obligations or liabilities of any person under other Federal law.
(b) Effect on MSDS requirements
Any State or local law enacted after August 1, 1985, which requires the submission of a material safety data sheet from facility owners or operators shall require that the data sheet be identical in content and format to the data sheet required under subsection (a) of section 11021 of this title. In addition, a State or locality may require the submission of information which is supplemental to the information required on the data sheet (including information on the location and quantity of hazardous chemicals present at the facility), through additional sheets attached to the data sheet or such other means as the State or locality considers appropriate.
(Pub. L. 99–499, title III, § 321, Oct. 17, 1986, 100 Stat. 1747.)
42 U.S.C. § 11044 (THE PUBLIC HEALTH AND WELFARE)
§ 11044. Public availability of plans, data sheets, forms, and followup notices
(a) Availability to public
Each emergency response plan, material safety data sheet, list described in section 11021(a)(2) of this title, inventory form, toxic chemical release form, and followup emergency notice shall be made available to the general public, consistent with section 11042 of this title, during normal working hours at the location or locations designated by the Administrator, Governor, State emergency response commission, or local emergency planning committee, as appropriate. Upon request by an owner or operator of a facility subject to the requirements of section 11022 of this title, the State emergency response commission and the appropriate local emergency planning committee shall withhold from disclosure under this section the location of any specific chemical required by section 11022(d)(2) of this title to be contained in an inventory form as tier II information.
(b) Notice of public availability
Each local emergency planning committee shall annually publish a notice in local newspapers that the emergency response plan, material safety data sheets, and inventory forms have been submitted under this section. The notice shall state that followup emergency notices may subsequently be issued. Such notice shall announce that members of the public who wish to review any such plan, sheet, form, or followup notice may do so at the location designated under subsection (a) of this section.
(Pub. L. 99–499, title III, § 324, Oct. 17, 1986, 100 Stat. 1752.)
42 U.S.C. § 11047 (THE PUBLIC HEALTH AND WELFARE)
§ 11047. Exemption
Except as provided in section 11004 of this title, this chapter does not apply to the transportation, including the storage incident to such transportation, of any substance or chemical subject to the requirements of this chapter, including the transportation and distribution of natural gas.
(Pub. L. 99–499, title III, § 327, Oct. 17, 1986, 100 Stat. 1757.)
42 U.S.C. § 11049 (THE PUBLIC HEALTH AND WELFARE)
§ 11049. Definitions
For purposes of this chapter—
(1) Administrator
The term “Administrator” means the Administrator of the Environmental Protection Agency.
(2) Environment
The term “environment” includes water, air, and land and the interrelationship which exists among and between water, air, and land and all living things.
(3) Extremely hazardous substance
The term “extremely hazardous substance” means a substance on the list described in section 11002(a)(2) of this title.
(4) Facility
The term “facility” means all buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (or by any person which controls, is controlled by, or under common control with, such person). For purposes of section 11004 of this title, the term includes motor vehicles, rolling stock, and aircraft.
(5) Hazardous chemical
The term “hazardous chemical” has the meaning given such term by section 11021(e) of this title.
(6) Material safety data sheet
The term “material safety data sheet” means the sheet required to be developed under section 1910.1200(g) of title 29 of the Code of Federal Regulations, as that section may be amended from time to time.
(7) Person
The term “person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or interstate body.
(8) Release
The term “release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles) of any hazardous chemical, extremely hazardous substance, or toxic chemical.
(9) State
The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Northern Mariana Islands, and any other territory or possession over which the United States has jurisdiction.
(10) Toxic chemical
The term “toxic chemical” means a substance on the list described in section 11023(c) of this title.
(Pub. L. 99–499, title III, § 329, Oct. 17, 1986, 100 Stat. 1757.)
42 U.S.C. § 11050 (THE PUBLIC HEALTH AND WELFARE)
§ 11050. Authorization of appropriations
There are authorized to be appropriated for fiscal years beginning after September 30, 1986, such sums as may be necessary to carry out this chapter.
(Pub. L. 99–499, title III, § 330, Oct. 17, 1986, 100 Stat. 1758.)
42 U.S.C. § 11101 (THE PUBLIC HEALTH AND WELFARE)
§ 11101. Findings
The Congress finds the following:
(1) The increasing occurrence of medical malpractice and the need to improve the quality of medical care have become nationwide problems that warrant greater efforts than those that can be undertaken by any individual State.
(2) There is a national need to restrict the ability of incompetent physicians to move from State to State without disclosure or discovery of the physician’s previous damaging or incompetent performance.
(3) This nationwide problem can be remedied through effective professional peer review.
(4) The threat of private money damage liability under Federal laws, including treble damage liability under Federal antitrust law, unreasonably discourages physicians from participating in effective professional peer review.
(5) There is an overriding national need to provide incentive and protection for physicians engaging in effective professional peer review.
(Pub. L. 99–660, title IV, § 402, Nov. 14, 1986, 100 Stat. 3784.)
heading: Short Title
text: Pub. L. 99–660, title IV, § 401, Nov. 14, 1986, 100 Stat. 3784, provided that: “This title [enacting this chapter and provisions set out as a note under section 11111 of this title] may be cited as the ‘Health Care Quality Improvement Act of 1986’.”
42 U.S.C. § 11113 (THE PUBLIC HEALTH AND WELFARE)
§ 11113. Payment of reasonable attorneys’ fees and costs in defense of suit
In any suit brought against a defendant, to the extent that a defendant has met the standards set forth under section 11112(a) of this title and the defendant substantially prevails, the court shall, at the conclusion of the action, award to a substantially prevailing party defending against any such claim the cost of the suit attributable to such claim, including a reasonable attorney’s fee, if the claim, or the claimant’s conduct during the litigation of the claim, was frivolous, unreasonable, without foundation, or in bad faith. For the purposes of this section, a defendant shall not be considered to have substantially prevailed when the plaintiff obtains an award for damages or permanent injunctive or declaratory relief.
(Pub. L. 99–660, title IV, § 413, Nov. 14, 1986, 100 Stat. 3787.)
42 U.S.C. § 11114 (THE PUBLIC HEALTH AND WELFARE)
§ 11114. Guidelines of Secretary
The Secretary may establish, after notice and opportunity for comment, such voluntary guidelines as may assist the professional review bodies in meeting the standards described in section 11112(a) of this title.
(Pub. L. 99–660, title IV, § 414, Nov. 14, 1986, 100 Stat. 3787.)
42 U.S.C. § 11115 (THE PUBLIC HEALTH AND WELFARE)
§ 11115. Construction
(a) In general
Except as specifically provided in this subchapter, nothing in this subchapter shall be construed as changing the liabilities or immunities under law or as preempting or overriding any State law which provides incentives, immunities, or protection for those engaged in a professional review action that is in addition to or greater than that provided by this subchapter.
(b) Scope of clinical privileges
Nothing in this subchapter shall be construed as requiring health care entities to provide clinical privileges to any or all classes or types of physicians or other licensed health care practitioners.
(c) Treatment of nurses and other practitioners
Nothing in this subchapter shall be construed as affecting, or modifying any provision of Federal or State law, with respect to activities of professional review bodies regarding nurses, other licensed health care practitioners, or other health professionals who are not physicians.
(d) Treatment of patient malpractice claims
Nothing in this chapter shall be construed as affecting in any manner the rights and remedies afforded patients under any provision of Federal or State law to seek redress for any harm or injury suffered as a result of negligent treatment or care by any physician, health care practitioner, or health care entity, or as limiting any defenses or immunities available to any physician, health care practitioner, or health care entity.
(Pub. L. 99–660, title IV, § 415, Nov. 14, 1986, 100 Stat. 3787; Pub. L. 100–177, title IV, § 402(c), as added Pub. L. 101–239, title VI, § 6103(e)(6)(A), Dec. 19, 1989, 103 Stat. 2208.)
heading: Amendments
text: 1989—Subsec. (a). Pub. L. 101–239 added Pub. L. 100–177, § 402(c), see 1987 Amendment note below.
1987—Subsec. (a). Pub. L. 100–177, § 402(c), as added by Pub. L. 101–239, inserted before period at end “or as preempting or overriding any State law which provides incentives, immunities, or protection for those engaged in a professional review action that is in addition to or greater than that provided by this subchapter”.
heading: Effective Date of 1987 Amendment
text: Amendment by Pub. L. 100–177 effective Nov. 14, 1986, see section 402(d) of Pub. L. 100–177, as renumbered and amended, set out as a note under section 11137 of this title.
42 U.S.C. § 11131 (THE PUBLIC HEALTH AND WELFARE)
§ 11131. Requiring reports on medical malpractice payments
(a) In general
Each entity (including an insurance company) which makes payment under a policy of insurance, self-insurance, or otherwise in settlement (or partial settlement) of, or in satisfaction of a judgment in, a medical malpractice action or claim shall report, in accordance with section 11134 of this title, information respecting the payment and circumstances thereof.
(b) Information to be reported
The information to be reported under subsection (a) of this section includes—
(1) the name of any physician or licensed health care practitioner for whose benefit the payment is made,
(2) the amount of the payment,
(3) the name (if known) of any hospital with which the physician or practitioner is affiliated or associated,
(4) a description of the acts or omissions and injuries or illnesses upon which the action or claim was based, and
(5) such other information as the Secretary determines is required for appropriate interpretation of information reported under this section.
(c) Sanctions for failure to report
Any entity that fails to report information on a payment required to be reported under this section shall be subject to a civil money penalty of not more than $10,000 for each such payment involved. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1320a–7a of this title are imposed and collected under that section.
(d) Report on treatment of small payments
The Secretary shall study and report to Congress, not later than two years after November 14, 1986, on whether information respecting small payments should continue to be required to be reported under subsection (a) of this section and whether information respecting all claims made concerning a medical malpractice action should be required to be reported under such subsection.
(Pub. L. 99–660, title IV, § 421, Nov. 14, 1986, 100 Stat. 3788.)
42 U.S.C. § 11132 (THE PUBLIC HEALTH AND WELFARE)
§ 11132. Reporting of sanctions taken by Boards of Medical Examiners
(a) In general
(1) Actions subject to reporting
Each Board of Medical Examiners—
(A) which revokes or suspends (or otherwise restricts) a physician’s license or censures, reprimands, or places on probation a physician, for reasons relating to the physician’s professional competence or professional conduct, or
(B) to which a physician’s license is surrendered,
shall report, in accordance with section 11134 of this title, the information described in paragraph (2).
(2) Information to be reported
The information to be reported under paragraph (1) is—
(A) the name of the physician involved,
(B) a description of the acts or omissions or other reasons (if known) for the revocation, suspension, or surrender of license, and
(C) such other information respecting the circumstances of the action or surrender as the Secretary deems appropriate.
(b) Failure to report
If, after notice of noncompliance and providing opportunity to correct noncompliance, the Secretary determines that a Board of Medical Examiners has failed to report information in accordance with subsection (a) of this section, the Secretary shall designate another qualified entity for the reporting of information under section 11133 of this title.
(Pub. L. 99–660, title IV, § 422, Nov. 14, 1986, 100 Stat. 3789.)