dreamproit/uscode huggingface dataset:
42 U.S.C. § 14135e (THE PUBLIC HEALTH AND WELFARE)
§ 14135e. Privacy protection standards
(a) In general
Except as provided in subsection (b), any sample collected under, or any result of any analysis carried out under, section 14135, 14135a, or 14135b of this title may be used only for a purpose specified in such section.
(b) Permissive uses
A sample or result described in subsection (a) may be disclosed under the circumstances under which disclosure of information included in the Combined DNA Index System is allowed, as specified in subparagraphs (A) through (D) of section 14132(b)(3) of this title.
(c) Criminal penalty
A person who knowingly discloses a sample or result described in subsection (a) in any manner to any person not authorized to receive it, or obtains or uses, without authorization, such sample or result, shall be fined not more than $250,000, or imprisoned for a period of not more than one year. Each instance of disclosure, obtaining, or use shall constitute a separate offense under this subsection.
(Pub. L. 106–546, § 10, Dec. 19, 2000, 114 Stat. 2735; Pub. L. 108–405, title II, § 203(e)(2), title III, § 309, Oct. 30, 2004, 118 Stat. 2271, 2275.)
heading: Codification
text: Section was enacted as part of the DNA Analysis Backlog Elimination Act of 2000, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
heading: Amendments
text: 2004—Subsec. (c). Pub. L. 108–405, § 309, reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “A person who knowingly—
“(1) discloses a sample or result described in subsection (a) of this section in any manner to any person not authorized to receive it; or
“(2) obtains, without authorization, a sample or result described in subsection (a) of this section,
shall be fined not more than $250,000, or imprisoned for a period of not more than one year, or both.”
Pub. L. 108–405, § 203(e)(2), substituted “$250,000, or imprisoned for a period of not more than one year, or both” for “$100,000” in concluding provisions.
42 U.S.C. § 14136c (THE PUBLIC HEALTH AND WELFARE)
§ 14136c. National Forensic Science Commission
(a) Appointment
The Attorney General shall appoint a National Forensic Science Commission (in this section referred to as the “Commission”), composed of persons experienced in criminal justice issues, including persons from the forensic science and criminal justice communities, to carry out the responsibilities under subsection (b).
(b) Responsibilities
The Commission shall—
(1) assess the present and future resource needs of the forensic science community;
(2) make recommendations to the Attorney General for maximizing the use of forensic technologies and techniques to solve crimes and protect the public;
(3) identify potential scientific advances that may assist law enforcement in using forensic technologies and techniques to protect the public;
(4) make recommendations to the Attorney General for programs that will increase the number of qualified forensic scientists available to work in public crime laboratories;
(5) disseminate, through the National Institute of Justice, best practices concerning the collection and analyses of forensic evidence to help ensure quality and consistency in the use of forensic technologies and techniques to solve crimes and protect the public;
(6) examine additional issues pertaining to forensic science as requested by the Attorney General;
(7) examine Federal, State, and local privacy protection statutes, regulations, and practices relating to access to, or use of, stored DNA samples or DNA analyses, to determine whether such protections are sufficient;
(8) make specific recommendations to the Attorney General, as necessary, to enhance the protections described in paragraph (7) to ensure—
(A) the appropriate use and dissemination of DNA information;
(B) the accuracy, security, and confidentiality of DNA information;
(C) the timely removal and destruction of obsolete, expunged, or inaccurate DNA information; and
(D) that any other necessary measures are taken to protect privacy; and
(9) provide a forum for the exchange and dissemination of ideas and information in furtherance of the objectives described in paragraphs (1) through (8).
(c) Personnel; procedures
The Attorney General shall—
(1) designate the Chair of the Commission from among its members;
(2) designate any necessary staff to assist in carrying out the functions of the Commission; and
(3) establish procedures and guidelines for the operations of the Commission.
(d) Authorization of appropriations
There are authorized to be appropriated $500,000 for each of fiscal years 2005 through 2009 to carry out this section.
(Pub. L. 108–405, title III, § 306, Oct. 30, 2004, 118 Stat. 2274.)
heading: Codification
text: Section was enacted as part of the DNA Sexual Assault Justice Act of 2004 and also as part of the Justice for All Act of 2004, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
42 U.S.C. § 14163a (THE PUBLIC HEALTH AND WELFARE)
§ 14163a. Capital prosecution improvement grants
(a) In general
The Attorney General shall award grants to States for the purpose of enhancing the ability of prosecutors to effectively represent the public in State capital cases.
(b) Use of funds
(1) Permitted uses
Grants awarded under subsection (a) shall be used for one or more of the following:
(A) To design and implement training programs for State and local prosecutors to ensure effective representation in State capital cases.
(B) To develop and implement appropriate standards and qualifications for State and local prosecutors who litigate State capital cases.
(C) To assess the performance of State and local prosecutors who litigate State capital cases, provided that such assessment shall not include participation by the assessor in the trial of any specific capital case.
(D) To identify and implement any potential legal reforms that may be appropriate to minimize the potential for error in the trial of capital cases.
(E) To establish a program under which State and local prosecutors conduct a systematic review of cases in which a death sentence was imposed in order to identify cases in which post-conviction DNA testing may be appropriate.
(F) To provide support and assistance to the families of murder victims.
(2) Prohibited use
Grants awarded under subsection (a) shall not be used to fund, directly or indirectly, the prosecution of specific capital cases.
(Pub. L. 108–405, title IV, § 422, Oct. 30, 2004, 118 Stat. 2288.)
heading: Codification
text: Section was enacted as part of the Innocence Protection Act 2004 and also as part of the Justice for All Act of 2004, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
42 U.S.C. § 14181 (THE PUBLIC HEALTH AND WELFARE)
§ 14181. Missing Alzheimer’s Disease Patient Alert Program
(a) Grant
The Attorney General shall, subject to the availability of appropriations, award a grant to an eligible organization to assist the organization in paying for the costs of planning, designing, establishing, and operating a Missing Alzheimer’s Disease Patient Alert Program, which shall be a locally based, proactive program to protect and locate missing patients with Alzheimer’s disease and related dementias.
(b) Application
To be eligible to receive a grant under subsection (a), an organization shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require, including, at a minimum, an assurance that the organization will obtain and use assistance from private nonprofit organizations to support the program.
(c) Eligible organization
The Attorney General shall award the grant described in subsection (a) to a national voluntary organization that has a direct link to patients, and families of patients, with Alzheimer’s disease and related dementias.
(d) Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1) $900,000 for fiscal year 1996;
(2) $900,000 for fiscal year 1997; and
(3) $900,000 for fiscal year 1998.
(Pub. L. 103–322, title XXIV, § 240001, Sept. 13, 1994, 108 Stat. 2080.)
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) shall state with reasonable specificity the nature of the violation.
(c) Considerations
In assessing a civil penalty under subsection (a)(1), 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) 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), 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), 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).
(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. § 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, 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) 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) if the Administrator finds that—
(A) the State has adopted requirements that are identical to those referred to in subsection (a) governing the collection, storage, or transportation of batteries referred to in subsection (a); 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. § 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) shall not apply to funds to which section 14402, 14403, or 14404 of this title applies, except that subsection (a), 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. § 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).
(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. § 14921 (THE PUBLIC HEALTH AND WELFARE)
§ 14921. Accreditation or approval required in order to provide adoption services in cases subject to the Convention
(a) In general
Except as otherwise provided in this subchapter, no person may offer or provide adoption services in connection with a Convention adoption in the United States unless that person—
(1) is accredited or approved in accordance with this subchapter; or
(2) is providing such services through or under the supervision and responsibility of an accredited agency or approved person.
(b) Exceptions
Subsection (a) shall not apply to the following:
(1) Background studies and home studies
The performance of a background study on a child or a home study on a prospective adoptive parent, or any report on any such study by a social work professional or organization who is not providing any other adoption service in the case, if the background or home study is approved by an accredited agency.
(2) Child welfare services
The provision of a child welfare service by a person who is not providing any other adoption service in the case.
(3) Legal services
The provision of legal services by a person who is not providing any adoption service in the case.
(4) Prospective adoptive parents acting on own behalf
The conduct of a prospective adoptive parent on his or her own behalf in the case, to the extent not prohibited by the law of the State in which the prospective adoptive parent resides.
(Pub. L. 106–279, title II, § 201, Oct. 6, 2000, 114 Stat. 830.)
heading: References in Text
text: This subchapter, referred to in subsec. (a), was in the original “this title”, meaning title II of Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 830, which is classified principally to this subchapter. For complete classification of title II to the Code, see Tables.
heading: Effective Date
text: Section effective upon entry into force for the United States of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, pursuant to Article 46(2)(a) of the Convention, with transition rule, see section 505(a)(2), (b) of Pub. L. 106–279, set out as an Effective Dates; Transition Rule note under section 14901 of this title.
42 U.S.C. § 14931 (THE PUBLIC HEALTH AND WELFARE)
§ 14931. Adoptions of children immigrating to the United States
(a) Legal effect of certificates issued by the Secretary of State
(1) Issuance of certificates by the Secretary of State
The Secretary of State shall, with respect to each Convention adoption, issue a certificate to the adoptive citizen parent domiciled in the United States that the adoption has been granted or, in the case of a prospective adoptive citizen parent, that legal custody of the child has been granted to the citizen parent for purposes of emigration and adoption, pursuant to the Convention and this chapter, if the Secretary of State—
(A) receives appropriate notification from the central authority of such child’s country of origin; and
(B) has verified that the requirements of the Convention and this chapter have been met with respect to the adoption.
(2) Legal effect of certificates
If appended to an original adoption decree, the certificate described in paragraph (1) shall be treated by Federal and State agencies, courts, and other public and private persons and entities as conclusive evidence of the facts certified therein and shall constitute the certification required by section 1154(d)(2) of title 8.
(b) Legal effect of Convention adoption finalized in another Convention country
A final adoption in another Convention country, certified by the Secretary of State pursuant to subsection (a) of this section or section 14932(c) of this title, shall be recognized as a final valid adoption for purposes of all Federal, State, and local laws of the United States.
(c) Condition on finalization of Convention adoption by State court
In the case of a child who has entered the United States from another Convention country for the purpose of adoption, an order declaring the adoption final shall not be entered unless the Secretary of State has issued the certificate provided for in subsection (a) with respect to the adoption.
(Pub. L. 106–279, title III, § 301, Oct. 6, 2000, 114 Stat. 837.)
heading: References in Text
text: This chapter, referred to in subsec. (a)(1), was in the original “this Act”, meaning Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 825, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 14901 of this title and Tables.
heading: Effective Date
text: Section effective upon entry into force for the United States of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, pursuant to Article 46(2)(a) of the Convention, with transition rule, see section 505(a)(2), (b) of Pub. L. 106–279, set out as an Effective Dates; Transition Rule note under section 14901 of this title.
42 U.S.C. § 14944 (THE PUBLIC HEALTH AND WELFARE)
§ 14944. Enforcement
(a) Civil penalties
Any person who—
(1) violates section 14921 of this title;
(2) makes a false or fraudulent statement, or misrepresentation, with respect to a material fact, or offers, gives, solicits, or accepts inducement by way of compensation, intended to influence or affect in the United States or a foreign country—
(A) a decision by an accrediting entity with respect to the accreditation of an agency or approval of a person under subchapter II;
(B) the relinquishment of parental rights or the giving of parental consent relating to the adoption of a child in a case subject to the Convention; or
(C) a decision or action of any entity performing a central authority function; or
(3) engages another person as an agent, whether in the United States or in a foreign country, who in the course of that agency takes any of the actions described in paragraph (1) or (2),
shall be subject, in addition to any other penalty that may be prescribed by law, to a civil money penalty of not more than $50,000 for a first violation, and not more than $100,000 for each succeeding violation.
(b) Civil enforcement
(1) Authority of Attorney General
The Attorney General may bring a civil action to enforce subsection (a) against any person in any United States district court.
(2) Factors to be considered in imposing penalties
In imposing penalties the court shall consider the gravity of the violation, the degree of culpability of the defendant, and any history of prior violations by the defendant.
(c) Criminal penalties
Whoever knowingly and willfully violates paragraph (1) or (2) of subsection (a) shall be subject to a fine of not more than $250,000, imprisonment for not more than 5 years, or both.
(Pub. L. 106–279, title IV, § 404, Oct. 6, 2000, 114 Stat. 842.)
heading: References in Text
text: Subchapter II, referred to in subsec. (a)(2)(A), was in the original “title II”, meaning title II of Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 830, which enacted subchapter II of this chapter and amended section 622 of this title. For complete classification of title II to the Code, see Tables.
heading: Effective Date
text: Section effective upon entry into force for the United States of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, pursuant to Article 46(2)(a) of the Convention, with transition rule, see section 505(a)(2), (b) of Pub. L. 106–279, set out as an Effective Dates; Transition Rule note under section 14901 of this title.