dreamproit/uscode huggingface dataset:
42 U.S.C. § 10001 (THE PUBLIC HEALTH AND WELFARE)
§ 10001. Statement of findings
The Congress finds that—
(1) it is in the interest of public health and safety to minimize unnecessary exposure to potentially hazardous radiation due to medical and dental radiologic procedures;
(2) it is in the interest of public health and safety to have a continuing supply of adequately educated persons and appropriate accreditation and certification programs administered by State governments;
(3) the protection of the public health and safety from unnecessary exposure to potentially hazardous radiation due to medical and dental radiologic procedures and the assurance of efficacious procedures are the responsibility of State and Federal governments;
(4) persons who administer radiologic procedures, including procedures at Federal facilities, should be required to demonstrate competence by reason of education, training, and experience; and
(5) the administration of radiologic procedures and the effect on individuals of such procedures have a substantial and direct effect upon United States interstate commerce.
(Pub. L. 97–35, title IX, § 976, Aug. 13, 1981, 95 Stat. 598.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 97–35, title IX, § 975, Aug. 13, 1981, 95 Stat. 598, provided that: “This subtitle [subtitle I (§§ 975–983) of title IX of Pub. L. 97–35, enacting this chapter] may be cited as the ‘Consumer-Patient Radiation Health and Safety Act of 1981’.”
42 U.S.C. § 10003 (THE PUBLIC HEALTH AND WELFARE)
§ 10003. Definitions
Unless otherwise expressly provided, for purposes of this chapter, the term—
(1) “radiation” means ionizing and nonionizing radiation in amounts beyond normal background levels from sources such as medical and dental radiologic procedures;
(2) “radiologic procedure” means any procedure or article intended for use in—
(A) the diagnosis of disease or other medical or dental conditions in humans (including diagnostic X-rays or nuclear medicine procedures); or
(B) the cure, mitigation, treatment, or prevention of disease in humans;
that achieves its intended purpose through the emission of radiation;
(3) “radiologic equipment” means any radiation electronic product which emits or detects radiation and which is used or intended for use to—
(A) diagnose disease or other medical or dental conditions (including diagnostic X-ray equipment); or
(B) cure, mitigate, treat, or prevent disease in humans;
that achieves its intended purpose through the emission or detection of radiation;
(4) “practitioner” means any licensed doctor of medicine, osteopathy, dentistry, podiatry, or chiropractic, who prescribes radiologic procedures for other persons;
(5) “persons who administer radiologic procedures” means any person, other than a practitioner, who intentionally administers radiation to other persons for medical purposes, and includes medical radiologic technologists (including dental hygienists and assistants), radiation therapy technologists, and nuclear medicine technologists;
(6) “Secretary” means the Secretary of Health and Human Services; and
(7) “State” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.
(Pub. L. 97–35, title IX, § 978, Aug. 13, 1981, 95 Stat. 599.)
heading: Executive Documents
heading: Termination of Trust Territory of the Pacific Islands
text: For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
42 U.S.C. § 10004 (THE PUBLIC HEALTH AND WELFARE)
§ 10004. Promulgation of standards
(a) Within twelve months after August 13, 1981, the Secretary, in consultation with the Radiation Policy Council, the Secretary of Veterans Affairs, the Administrator of the Environmental Protection Agency, appropriate agencies of the States, and appropriate professional organizations, shall by regulation promulgate minimum standards for the accreditation of educational programs to train individuals to perform radiologic procedures. Such standards shall distinguish between programs for the education of (1) medical radiologic technologists (including radiographers), (2) dental auxiliaries (including dental hygienists and assistants), (3) radiation therapy technologists, (4) nuclear medicine technologists, and (5) such other kinds of health auxiliaries who administer radiologic procedures as the Secretary determines appropriate. Such standards shall not be applicable to educational programs for practitioners.
(b) Within twelve months after August 13, 1981, the Secretary, in consultation with the Radiation Policy Council, the Secretary of Veterans Affairs, the Administrator of the Environmental Protection Agency, interested agencies of the States, and appropriate professional organizations, shall by regulation promulgate minimum standards for the certification of persons who administer radiologic procedures. Such standards shall distinguish between certification of (1) medical radiologic technologists (including radiographers), (2) dental auxiliaries (including dental hygienists and assistants), (3) radiation therapy technologists, (4) nuclear medicine technologists, and (5) such other kinds of health auxiliaries who administer radiologic procedures as the Secretary determines appropriate. Such standards shall include minimum certification criteria for individuals with regard to accredited education, practical experience, successful passage of required examinations, and such other criteria as the Secretary shall deem necessary for the adequate qualification of individuals to administer radiologic procedures. Such standards shall not apply to practitioners.
(Pub. L. 97–35, title IX, § 979, Aug. 13, 1981, 95 Stat. 599; Pub. L. 102–54, § 13(q)(13)(A), June 13, 1991, 105 Stat. 281.)
heading: Editorial Notes
heading: Amendments
text: 1991—Subsecs. (a), (b). Pub. L. 102–54 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.
42 U.S.C. § 10006 (THE PUBLIC HEALTH AND WELFARE)
§ 10006. Compliance
(a) Implementation by Secretary
The Secretary shall take all actions consistent with law to effectuate the purposes of this chapter.
(b) Accreditation or certification program
A State may utilize an accreditation or certification program administered by a private entity if—
(1) such State delegates the administration of the State accreditation or certification program to such private entity;
(2) such program is approved by the State; and
(3) such program is consistent with the minimum Federal standards promulgated under this chapter for such program.
(c) Noncompliance; proposed legislative changes
Absent compliance by the States with the provisions of this chapter within three years after August 13, 1981, the Secretary shall report to the Congress recommendations for legislative changes considered necessary to assure the States’ compliance with this chapter.
(d) Repealed. Pub. L. 104–66, title I, § 1061(b), Dec. 21, 1995, 109 Stat. 719
(e) Existing standards and guidelines
Notwithstanding any other provision of this section, in the case of a State which has, prior to the effective date of standards and guidelines promulgated pursuant to this chapter, established standards for the accreditation of educational programs and certification of radiologic technologists, such State shall be deemed to be in compliance with the conditions of this section unless the Secretary determines, after notice and hearing, that such State standards do not meet the minimum standards prescribed by the Secretary or are inconsistent with the purposes of this chapter.
(Pub. L. 97–35, title IX, § 981, Aug. 13, 1981, 95 Stat. 600; Pub. L. 104–66, title I, § 1061(b), Dec. 21, 1995, 109 Stat. 719.)
heading: Editorial Notes
heading: Amendments
text: 1995—Subsec. (d). Pub. L. 104–66 struck out subsec. (d) which read as follows: “The Secretary shall be responsible for continued monitoring of compliance by the States with the applicable provisions of this chapter and shall report to the Senate and the House of Representatives by January 1, 1982, and January 1 of each succeeding year the status of the States’ compliance with the purposes of this chapter.”
42 U.S.C. § 10007 (THE PUBLIC HEALTH AND WELFARE)
§ 10007. Federal radiation guidelines
The Secretary shall, in conjunction with the Radiation Policy Council, the Secretary of Veterans Affairs, the Administrator of the Environmental Protection Agency, appropriate agencies of the States, and appropriate professional organizations, promulgate Federal radiation guidelines with respect to radiologic procedures. Such guidelines shall—
(1) determine the level of radiation exposure due to radiologic procedures which is unnecessary and specify the techniques, procedures, and methods to minimize such unnecessary exposure;
(2) provide for the elimination of the need for retakes of diagnostic radiologic procedures;
(3) provide for the elimination of unproductive screening programs;
(4) provide for the optimum diagnostic information with minimum radiologic exposure; and
(5) include the therapeutic application of radiation to individuals in the treatment of disease, including nuclear medicine applications.
(Pub. L. 97–35, title IX, § 982, Aug. 13, 1981, 95 Stat. 601; Pub. L. 102–54, § 13(q)(13)(B), June 13, 1991, 105 Stat. 281.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–54 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs” in introductory provisions.
42 U.S.C. § 10104 (THE PUBLIC HEALTH AND WELFARE)
§ 10104. Ocean disposal
Nothing in this chapter shall be deemed to affect the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.).
(Pub. L. 97–425, § 5, Jan. 7, 1983, 96 Stat. 2205.)
heading: Editorial Notes
heading: References in Text
text: The Marine Protection, Research, and Sanctuaries Act of 1972, referred to in text, is Pub. L. 92–532, Oct. 23, 1972, 86 Stat. 1052, as amended, which enacted chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Conservation, and chapters 27 (§ 1401 et seq.) and 41 (§ 2801 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1401 of Title 33 and Tables.
42 U.S.C. § 10139 (THE PUBLIC HEALTH AND WELFARE)
§ 10139. Judicial review of agency actions
(a) Jurisdiction of United States courts of appeals
(1) Except for review in the Supreme Court of the United States, the United States courts of appeals shall have original and exclusive jurisdiction over any civil action—
(A) for review of any final decision or action of the Secretary, the President, or the Commission under this part;
(B) alleging the failure of the Secretary, the President, or the Commission to make any decision, or take any action, required under this part;
(C) challenging the constitutionality of any decision made, or action taken, under any provision of this part;
(D) for review of any environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any action under this part, or as required under section 10155(c)(1) of this title, or alleging a failure to prepare such statement with respect to any such action;
(E) for review of any environmental assessment prepared under section 10132(b)(1) or 10155(c)(2) of this title; or
(F) for review of any research and development activity under subchapter II.
(2) The venue of any proceeding under this section shall be in the judicial circuit in which the petitioner involved resides or has its principal office, or in the United States Court of Appeals for the District of Columbia.
(c) 1 Deadline for commencing action
A civil action for judicial review described under subsection (a)(1) may be brought not later than the 180th day after the date of the decision or action or failure to act involved, as the case may be, except that if a party shows that he did not know of the decision or action complained of (or of the failure to act), and that a reasonable person acting under the circumstances would not have known, such party may bring a civil action not later than the 180th day after the date such party acquired actual or constructive knowledge of such decision, action, or failure to act.
(Pub. L. 97–425, title I, § 119, Jan. 7, 1983, 96 Stat. 2227.)
heading: Editorial Notes
heading: References in Text
text: The National Environmental Policy Act of 1969, referred to in subsec. (a)(1)(D), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables.
42 U.S.C. § 10153 (THE PUBLIC HEALTH AND WELFARE)
§ 10153. Interim at-reactor storage
The Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under section 10198(a) 1 of this title for use at the site of any civilian nuclear power reactor. The establishment of such procedures shall not preclude the licensing, under any applicable procedures or rules of the Commission in effect prior to such establishment, of any technology for the storage of civilian spent nuclear fuel at the site of any civilian nuclear power reactor.
(Pub. L. 97–425, title I, § 133, Jan. 7, 1983, 96 Stat. 2230.)
heading: Editorial Notes
heading: References in Text
text: Section 10198(a) of this title, referred to in text, was in the original a reference to section 219(a) of Pub. L. 97–425, which is classified to section 10199(a) of this title, and has been translated as section 10198(a) of this title as the probable intent of Congress in view of the subject matter of section 10198(a) which relates to development of technologies for storage of spent nuclear fuel, and the subject matter of section 10199(a) which relates to payments to States and Indian tribes.
42 U.S.C. § 10162 (THE PUBLIC HEALTH AND WELFARE)
§ 10162. Authorization of monitored retrievable storage
(a) Nullification of Oak Ridge siting proposal
The proposal of the Secretary (EC–1022, 100th Congress) to locate a monitored retrievable storage facility at a site on the Clinch River in the Roane County portion of Oak Ridge, Tennessee, with alternative sites on the Oak Ridge Reservation of the Department of Energy and on the former site of a proposed nuclear powerplant in Hartsville, Tennessee, is annulled and revoked. In carrying out the provisions of sections 10164 and 10165 of this title, the Secretary shall make no presumption or preference to such sites by reason of their previous selection.
(b) Authorization
The Secretary is authorized to site, construct, and operate one monitored retrievable storage facility subject to the conditions described in sections 10163 through 10169 of this title.
(Pub. L. 97–425, title I, § 142, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5021, Dec. 22, 1987, 101 Stat. 1330–232.)
heading: Editorial Notes
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10164 (THE PUBLIC HEALTH AND WELFARE)
§ 10164. Survey
After the MRS Commission submits its report to the Congress under section 10163 of this title, the Secretary may conduct a survey and evaluation of potentially suitable sites for a monitored retrievable storage facility. In conducting such survey and evaluation, the Secretary shall consider the extent to which siting a monitored retrievable storage facility at each site surveyed would—
(1) enhance the reliability and flexibility of the system for the disposal of spent nuclear fuel and high-level radioactive waste established under this chapter;
(2) minimize the impacts of transportation and handling of such fuel and waste;
(3) provide for public confidence in the ability of such system to safely dispose of the fuel and waste;
(4) impose minimal adverse effects on the local community and the local environment;
(5) provide a high probability that the facility will meet applicable environmental, health, and safety requirements in a timely fashion;
(6) provide such other benefits to the system for the disposal of spent nuclear fuel and high-level radioactive waste as the Secretary deems appropriate; and
(7) unduly burden a State in which significant volumes of high-level radioactive waste resulting from atomic energy defense activities are stored.
(Pub. L. 97–425, title I, § 144, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5021, Dec. 22, 1987, 101 Stat. 1330–234.)
heading: Editorial Notes
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10166 (THE PUBLIC HEALTH AND WELFARE)
§ 10166. Notice of disapproval
(a) In general
The selection of a site under section 10165 of this title shall be effective at the end of the period of 60 calendar days beginning on the date of notification under such subsection,1 unless the governing body of the Indian tribe on whose reservation such site is located, or, if the site is not on a reservation, the Governor and the legislature of the State in which the site is located, has submitted to Congress a notice of disapproval with respect to such site. If any such notice of disapproval has been submitted under this subsection, the selection of the site under section 10165 of this title shall not be effective except as provided under section 10135(c) of this title.
(b) References
For purposes of carrying out the provisions of this subsection,1 references in section 10135(c) of this title to a repository shall be considered to refer to a monitored retrievable storage facility and references to a notice of disapproval of a repository site designation under section 10136(b) or 10138(a) of this title shall be considered to refer to a notice of disapproval under this section.
(Pub. L. 97–425, title I, § 146, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5021, Dec. 22, 1987, 101 Stat. 1330–235.)
heading: Editorial Notes
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10167 (THE PUBLIC HEALTH AND WELFARE)
§ 10167. Benefits agreement
Once selection of a site for a monitored retrievable storage facility is made by the Secretary under section 10165 of this title, the Indian tribe on whose reservation the site is located, or, in the case that the site is not located on a reservation, the State in which the site is located, shall be eligible to enter into a benefits agreement with the Secretary under section 10173 of this title.
(Pub. L. 97–425, title I, § 147, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5021, Dec. 22, 1987, 101 Stat. 1330–235.)
heading: Editorial Notes
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10169 (THE PUBLIC HEALTH AND WELFARE)
§ 10169. Financial assistance
The provisions of section 10136(c) or 10138(b) of this title with respect to grants, technical assistance, and other financial assistance shall apply to the State, to affected Indian tribes and to affected units of local government in the case of a monitored retrievable storage facility in the same manner as for a repository.
(Pub. L. 97–425, title I, § 149, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5021, Dec. 22, 1987, 101 Stat. 1330–236.)
heading: Editorial Notes
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10172 (THE PUBLIC HEALTH AND WELFARE)
§ 10172. Selection of Yucca Mountain site
(a) In general
(1) The Secretary shall provide for an orderly phase-out of site specific activities at all candidate sites other than the Yucca Mountain site.
(2) The Secretary shall terminate all site specific activities (other than reclamation activities) at all candidate sites, other than the Yucca Mountain site, within 90 days after December 22, 1987.
(b) Eligibility to enter into benefits agreement
Effective on December 22, 1987, the State of Nevada shall be eligible to enter into a benefits agreement with the Secretary under section 10173 of this title.
(Pub. L. 97–425, title I, § 160, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5011(a), Dec. 22, 1987, 101 Stat. 1330–227.)
heading: Editorial Notes
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10172a (THE PUBLIC HEALTH AND WELFARE)
§ 10172a. Siting a second repository
(a) Congressional action required
The Secretary may not conduct site-specific activities with respect to a second repository unless Congress has specifically authorized and appropriated funds for such activities.
(b) Report
The Secretary shall report to the President and to Congress on or after January 1, 2007, but not later than January 1, 2010, on the need for a second repository.
(c) Termination of granite research
Not later than 6 months after December 22, 1987, the Secretary shall phase out in an orderly manner funding for all research programs in existence on December 22, 1987, designed to evaluate the suitability of crystalline rock as a potential repository host medium.
(d) Additional siting criteria
In the event that the Secretary at any time after December 22, 1987, considers any sites in crystalline rock for characterization or selection as a repository, the Secretary shall consider (as a supplement to the siting guidelines under section 10132 of this title) such potentially disqualifying factors as—
(1) seasonal increases in population;
(2) proximity to public drinking water supplies, including those of metropolitan areas; and
(3) the impact that characterization or siting decisions would have on lands owned or placed in trust by the United States for Indian tribes.
(Pub. L. 97–425, title I, § 161, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5012, Dec. 22, 1987, 101 Stat. 1330–231.)
heading: Editorial Notes
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.