dreamproit/uscode huggingface dataset:
42 U.S.C. § 4907 (THE PUBLIC HEALTH AND WELFARE)
§ 4907. Labeling
(a) Regulations
The Administrator shall by regulation designate any product (or class thereof)—
(1) which emits noise capable of adversely affecting the public health or welfare; or
(2) which is sold wholly or in part on the basis of its effectiveness in reducing noise.
(b) Manner of notice; form; methods and units of measurement
For each product (or class thereof) designated under subsection (a) the Administrator shall by regulation require that notice be given to the prospective user of the level of the noise the product emits, or of its effectiveness in reducing noise, as the case may be. Such regulations shall specify (1) whether such notice shall be affixed to the product or to the outside of its container, or to both, at the time of its sale to the ultimate purchaser or whether such notice shall be given to the prospective user in some other manner, (2) the form of the notice, and (3) the methods and units of measurement to be used. Section 4905(c)(2) of this title shall apply to the prescribing of any regulation under this section.
(c) State regulation of product labeling
This section does not prevent any State or political subdivision thereof from regulating product labeling or information respecting products in any way not in conflict with regulations prescribed by the Administrator under this section.
(Pub. L. 92–574, § 8, Oct. 27, 1972, 86 Stat. 1241.)
42 U.S.C. § 4909 (THE PUBLIC HEALTH AND WELFARE)
§ 4909. Prohibited acts
(a) Except as otherwise provided in subsection (b), the following acts or the causing thereof are prohibited:
(1) In the case of a manufacturer, to distribute in commerce any new product manufactured after the effective date of a regulation prescribed under section 4905 of this title which is applicable to such product, except in conformity with such regulation.
(2)
(A) The removal or rendering inoperative by any person, other than for purposes of maintenance, repair, or replacement, of any device or element of design incorporated into any product in compliance with regulations under section 4905 of this title, prior to its sale or delivery to the ultimate purchaser or while it is in use, or (B) the use of a product after such device or element of design has been removed or rendered inoperative by any person.
(3) In the case of a manufacturer, to distribute in commerce any new product manufactured after the effective date of a regulation prescribed under section 4907(b) of this title (requiring information respecting noise) which is applicable to such product, except in conformity with such regulation.
(4) The removal by any person of any notice affixed to a product or container pursuant to regulations prescribed under section 4907(b) of this title, prior to sale of the product to the ultimate purchaser.
(5) The importation into the United States by any person of any new product in violation of a regulation prescribed under section 4908 of this title which is applicable to such product.
(6) The failure or refusal by any person to comply with any requirement of section 4910(d) or 4912(a) of this title or regulations prescribed under section 4912(a), 4916, or 4917 of this title.
(b)
(1) For the purpose of research, investigations, studies, demonstrations, or training, or for reasons of national security, the Administrator may exempt for a specified period of time any product, or class thereof, from paragraphs (1), (2), (3), and (5) of subsection (a), upon such terms and conditions as he may find necessary to protect the public health or welfare.
(2) Paragraphs (1), (2), (3), and (4) of subsection (a) shall not apply with respect to any product which is manufactured solely for use outside any State and which (and the container of which) is labeled or otherwise marked to show that it is manufactured solely for use outside any State; except that such paragraphs shall apply to such product if it is in fact distributed in commerce for use in any State.
(Pub. L. 92–574, § 10, Oct. 27, 1972, 86 Stat. 1242.)
42 U.S.C. § 6612 (THE PUBLIC HEALTH AND WELFARE)
§ 6612. Director; Associate Directors
(a) In general
There shall be at the head of the Office a Director who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for level II of the Executive Schedule in section 5313 of title 5.
(b) Associate Directors
The President is authorized to appoint not more than four Associate Directors, by and with the advice and consent of the Senate, who shall be compensated at a rate not to exceed that provided for level III of the Executive Schedule in section 5314 of such title. Associate Directors shall perform such functions as the Director may prescribe.
(c) Chief Technology Officer
Subject to subsection (b), the President is authorized to designate 1 of the Associate Directors under that subsection as a United States Chief Technology Officer.
(Pub. L. 94–282, title II, § 203, May 11, 1976, 90 Stat. 463; Pub. L. 114–329, title VI, § 604(b), Jan. 6, 2017, 130 Stat. 3037.)
heading: Amendments
text: 2017—Pub. L. 114–329, § 604(b)(1), (2), designated first sentence of existing provisions as subsec. (a) and second and third sentences of existing provisions as subsec. (b) and inserted headings.
Subsec. (c). Pub. L. 114–329, § 604(b)(3), added subsec. (c).
42 U.S.C. § 6992 (THE PUBLIC HEALTH AND WELFARE)
§ 6992. Scope of demonstration program for medical waste
(a) Covered States
The States within the demonstration program established under this subchapter for tracking medical wastes shall be New York, New Jersey, Connecticut, the States contiguous to the Great Lakes and any State included in the program through the petition procedure described in subsection (c), except for any of such States in which the Governor notifies the Administrator under subsection (b) that such State shall not be covered by the program.
(b) Opt out
(1) If the Governor of any State covered under subsection (a) which is not contiguous to the Atlantic Ocean notifies the Administrator that such State elects not to participate in the demonstration program, the Administrator shall remove such State from the program.
(2) If the Governor of any other State covered under subsection (a) notifies the Administrator that such State has implemented a medical waste tracking program that is no less stringent than the demonstration program under this subchapter and that such State elects not to participate in the demonstration program, the Administrator shall, if the Administrator determines that such State program is no less stringent than the demonstration program under this subchapter, remove such State from the demonstration program.
(3) Notifications under paragraphs (1) or (2) shall be submitted to the Administrator no later than 30 days after the promulgation of regulations implementing the demonstration program under this subchapter.
(c) Petition in
The Governor of any State may petition the Administrator to be included in the demonstration program and the Administrator may, in his discretion, include any such State. Such petition may not be made later than 30 days after promulgation of regulations establishing the demonstration program under this subchapter, and the Administrator shall determine whether to include the State within 30 days after receipt of the State’s petition.
(d) Expiration of demonstration program
The demonstration program shall expire on the date 24 months after the effective date of the regulations under this subchapter.
(Pub. L. 89–272, title II, § 11001, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2950.)
42 U.S.C. § 6992a (THE PUBLIC HEALTH AND WELFARE)
§ 6992a. Listing of medical wastes
(a) List
Not later than 6 months after November 1, 1988, the Administrator shall promulgate regulations listing the types of medical waste to be tracked under the demonstration program. Except as provided in subsection (b), such list shall include, but need not be limited to, each of the following types of solid waste:
(1) Cultures and stocks of infectious agents and associated biologicals, including cultures from medical and pathological laboratories, cultures and stocks of infectious agents from research and industrial laboratories, wastes from the production of biologicals, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate, and mix cultures.
(2) Pathological wastes, including tissues, organs, and body parts that are removed during surgery or autopsy.
(3) Waste human blood and products of blood, including serum, plasma, and other blood components.
(4) Sharps that have been used in patient care or in medical, research, or industrial laboratories, including hypodermic needles, syringes, pasteur pipettes, broken glass, and scalpel blades.
(5) Contaminated animal carcasses, body parts, and bedding of animals that were exposed to infectious agents during research, production of biologicals, or testing of pharmaceuticals.
(6) Wastes from surgery or autopsy that were in contact with infectious agents, including soiled dressings, sponges, drapes, lavage tubes, drainage sets, underpads, and surgical gloves.
(7) Laboratory wastes from medical, pathological, pharmaceutical, or other research, commercial, or industrial laboratories that were in contact with infectious agents, including slides and cover slips, disposable gloves, laboratory coats, and aprons.
(8) Dialysis wastes that were in contact with the blood of patients undergoing hemodialysis, including contaminated disposable equipment and supplies such as tubing, filters, disposable sheets, towels, gloves, aprons, and laboratory coats.
(9) Discarded medical equipment and parts that were in contact with infectious agents.
(10) Biological waste and discarded materials contaminated with blood, excretion, excudates 1 or secretion from human beings or animals who are isolated to protect others from communicable diseases.
(11) Such other waste material that results from the administration of medical care to a patient by a health care provider and is found by the Administrator to pose a threat to human health or the environment.
(b) Exclusions from list
The Administrator may exclude from the list under this section any categories or items described in paragraphs (6) through (10) of subsection (a) which he determines do not pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(Pub. L. 89–272, title II, § 11002, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2951.)
42 U.S.C. § 6992b (THE PUBLIC HEALTH AND WELFARE)
§ 6992b. Tracking of medical waste
(a) Demonstration program
Not later than 6 months after November 1, 1988, the Administrator shall promulgate regulations establishing a program for the tracking of the medical waste listed in section 6992a of this title which is generated in a State subject to the demonstration program. The program shall (1) provide for tracking of the transportation of the waste from the generator to the disposal facility, except that waste that is incinerated need not be tracked after incineration, (2) include a system for providing the generator of the waste with assurance that the waste is received by the disposal facility, (3) use a uniform form for tracking in each of the demonstration States, and (4) include the following requirements:
(A) A requirement for segregation of the waste at the point of generation where practicable.
(B) A requirement for placement of the waste in containers that will protect waste handlers and the public from exposure.
(C) A requirement for appropriate labeling of containers of the waste.
(b) Small quantities
In the program under subsection (a), the Administrator may establish an exemption for generators of small quantities of medical waste listed under section 6992a of this title, except that the Administrator may not exempt from the program any person who, or facility that, generates 50 pounds or more of such waste in any calendar month.
(c) On-site incinerators
Concurrently with the promulgation of regulations under subsection (a), the Administrator shall promulgate a recordkeeping and reporting requirement for any generator in a demonstration State of medical waste listed in section 6992a of this title that (1) incinerates medical waste listed in section 6992a of this title on site and (2) does not track such waste under the regulations promulgated under subsection (a). Such requirement shall require the generator to report to the Administrator on the volume and types of medical waste listed in section 6992a of this title that the generator incinerated on site during the 6 months following the effective date of the requirements of this subsection.
(d) Type of medical waste and types of generators
For each of the requirements of this section, the regulations may vary for different types of medical waste and for different types of medical waste generators.
(Pub. L. 89–272, title II, § 11003, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2952.)
42 U.S.C. § 6992f (THE PUBLIC HEALTH AND WELFARE)
§ 6992f. Relationship to State law
(a) State inspections and enforcement
A State may conduct inspections under 1 6992c of this title and take enforcement actions under section 6992d of this title against any person, including any person who has imported medical waste into a State in violation of the requirements of, or regulations under, this subchapter, to the same extent as the Administrator. At the time a State initiates an enforcement action under section 6992d of this title against any person, the State shall notify the Administrator in writing.
(b) Retention of State authority
Nothing in this subchapter shall—
(1) preempt any State or local law; or
(2) except as provided in subsection (c), otherwise affect any State or local law or the authority of any State or local government to adopt or enforce any State or local law.
(c) State forms
Any State or local law which requires submission of a tracking form from any person subject to this subchapter shall require that the form be identical in content and format to the form required under section 6992b of this title, except that a State may require the submission of other tracking information which is supplemental to the information required on the form required under section 6992b of this title through additional sheets or such other means as the State deems appropriate.
(Pub. L. 89–272, title II, § 11007, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2955.)
42 U.S.C. § 7142c (THE PUBLIC HEALTH AND WELFARE)
§ 7142c. Museum volunteers
(a) Authority to use volunteers
The Secretary may recruit, train, and accept the services of individuals or entities as volunteers for services or activities related to the Museum.
(b) Status of volunteers
(1) In general
Except as provided in paragraph (2), service by a volunteer under subsection (a) shall not be considered Federal employment.
(2) Exceptions
(A) Federal Tort Claims Act
For purposes of chapter 171 of title 28, a volunteer under subsection (a) shall be treated as an employee of the Government (as defined in section 2671 of that title).
(B) Compensation for work injuries
For purposes of subchapter I of chapter 81 of title 5, a volunteer described in subsection (a) shall be treated as an employee (as defined in section 8101 of title 5).
(c) Compensation
A volunteer under subsection (a) shall serve without pay, but may receive nominal awards and reimbursement for incidental expenses, including expenses for a uniform or transportation in furtherance of Museum activities.
(Pub. L. 106–554, § 1(a)(4) [div. B, title IV, § 403], Dec. 21, 2000, 114 Stat. 2763, 2763A–267.)
heading: Codification
text: Section was enacted as part of the Miscellaneous Appropriations Act, 2001, and also as part of the Consolidated Appropriations Act, 2001, and not as part of the Department of Energy Organization Act which comprises this chapter.
42 U.S.C. § 7144d (THE PUBLIC HEALTH AND WELFARE)
§ 7144d. Office of Arctic Energy
(a) Establishment
The Secretary of Energy may establish within the Department of Energy an Office of Arctic Energy.
(b) Purposes
The purposes of such office shall be as follows:
(1) To promote research, development, and deployment of electric power technology that is cost-effective and especially well suited to meet the needs of rural and remote regions of the United States, especially where permafrost is present or located nearby.
(2) To promote research, development, and deployment in such regions of—
(A) enhanced oil recovery technology, including heavy oil recovery, reinjection of carbon, and extended reach drilling technologies;
(B) gas-to-liquids technology and liquified natural gas (including associated transportation systems);
(C) small hydroelectric facilities, river turbines, and tidal power;
(D) natural gas hydrates, coal bed methane, and shallow bed natural gas; and
(E) alternative energy, including wind, geothermal, and fuel cells.
(c) Location
The Secretary shall locate such office at a university with expertise and experience in the matters specified in subsection (b).
(Pub. L. 106–398, § 1 [div. C, title XXXI, § 3197], Oct. 30, 2000, 114 Stat. 1654, 1654A–482.)
heading: Codification
text: Section was enacted as part of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, and not as part of the Department of Energy Organization Act which comprises this chapter.
42 U.S.C. § 7173 (THE PUBLIC HEALTH AND WELFARE)
§ 7173. Initiation of rulemaking procedures before Commission
(a) Proposal of rules, regulations, and statements of policy of general applicability by Secretary and Commission
The Secretary and the Commission are authorized to propose rules, regulations, and statements of policy of general applicability with respect to any function within the jurisdiction of the Commission under section 7172 of this title.
(b) Consideration and final action on proposals of Secretary
The Commission shall have exclusive jurisdiction with respect to any proposal made under subsection (a), and shall consider and take final action on any proposal made by the Secretary under such subsection in an expeditious manner in accordance with such reasonable time limits as may be set by the Secretary for the completion of action by the Commission on any such proposal.
(c) Utilization of rulemaking procedures for establishment of rates and charges under Federal Power Act and Natural Gas Act
Any function described in section 7172 of this title which relates to the establishment of rates and charges under the Federal Power Act [16 U.S.C. 791a et seq.] or the Natural Gas Act [15 U.S.C. 717 et seq.], may be conducted by rulemaking procedures. Except as provided in subsection (d), the procedures in such a rulemaking proceeding shall assure full consideration of the issues and an opportunity for interested persons to present their views.
(d) Submission of written questions by interested persons
With respect to any rule or regulation promulgated by the Commission to establish rates and charges for the first sale of natural gas by a producer or gatherer to a natural gas pipeline under the Natural Gas Act [15 U.S.C. 717 et seq.], the Commission may afford any interested person a reasonable opportunity to submit written questions with respect to disputed issues of fact to other interested persons participating in the rulemaking proceedings. The Commission may establish a reasonable time for both the submission of questions and responses thereto.
(Pub. L. 95–91, title IV, § 403, Aug. 4, 1977, 91 Stat. 585.)
heading: References in Text
text: The Federal Power Act, referred to in subsec. (c), is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified generally to chapter 12 (§ 791a et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 791a of Title 16 and Tables.
The Natural Gas Act, referred to in subsecs. (c) and (d), is act June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is classified generally to chapter 15B (§ 717 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 717w of Title 15 and Tables.
42 U.S.C. § 7174 (THE PUBLIC HEALTH AND WELFARE)
§ 7174. Referral of other rulemaking proceedings to Commission
(a) Notification of Commission of proposed action; public comment
Except as provided in section 7173 of this title, whenever the Secretary proposes to prescribe rules, regulations, and statements of policy of general applicability in the exercise of any function which is transferred to the Secretary under section 7151 of this title or section 60501 of title 49, he shall notify the Commission of the proposed action. If the Commission, in its discretion, determines within such period as the Secretary may prescribe, that the proposed action may significantly affect any function within the jurisdiction of the Commission pursuant to section 7172(a)(1) and (c)(1) of this title and section 60502 of title 49, the Secretary shall immediately refer the matter to the Commission, which shall provide an opportunity for public comment.
(b) Recommendations of Commission; publication
Following such opportunity for public comment the Commission, after consultation with the Secretary, shall either—
(1) concur in adoption of the rule or statement as proposed by the Secretary;
(2) concur in adoption of the rule or statement only with such changes as it may recommend; or
(3) recommend that the rule or statement not be adopted.
The Commission shall promptly publish its recommendations, adopted under this subsection, along with an explanation of the reason for its actions and an analysis of the major comments, criticisms, and alternatives offered during the comment period.
(c) Options of Secretary; final agency action
Following publication of the Commission’s recommendations the Secretary shall have the option of—
(1) issuing a final rule or statement in the form initially proposed by the Secretary if the Commission has concurred in such rule pursuant to subsection (b)(1);
(2) issuing a final rule or statement in amended form so that the rule conforms in all respects with the changes proposed by the Commission if the Commission has concurred in such rule or statement pursuant to subsection (b)(2); or
(3) ordering that the rule shall not be issued.
The action taken by the Secretary pursuant to this subsection shall constitute a final agency action for purposes of section 704 of title 5.
(Pub. L. 95–91, title IV, § 404, Aug. 4, 1977, 91 Stat. 586.)
heading: Codification
text: In subsec. (a), “section 60501 of title 49” substituted for reference to section 306 of this Act, meaning section 306 of Pub. L. 95–91 [42 U.S.C. 7155], and “section 60502 of title 49” substituted for reference to section 402(b), meaning section 402(b) of Pub. L. 95–91 [42 U.S.C. 7172(b)] on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.