dreamproit/uscode huggingface dataset:
42 U.S.C. § 2000h–4 (THE PUBLIC HEALTH AND WELFARE)
§ 2000h–4. Construction of provisions not to exclude operation of State laws and not to invalidate consistent State laws
Nothing contained in any title of this Act shall be construed as indicating an intent on the part of Congress to occupy the field in which any such title operates to the exclusion of State laws on the same subject matter, nor shall any provision of this Act be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this Act, or any provision thereof.
(Pub. L. 88–352, title XI, § 1104, July 2, 1964, 78 Stat. 268.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended, known as the Civil Rights Act of 1964, which is classified principally to subchapters II to IX of this chapter (§ 2000a et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables.
42 U.S.C. § 2000h–5 (THE PUBLIC HEALTH AND WELFARE)
§ 2000h–5. Authorization of appropriations
There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this Act.
(Pub. L. 88–352, title XI, § 1105, July 2, 1964, 78 Stat. 268.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended, known as the Civil Rights Act of 1964, which is classified principally to subchapters II to IX of this chapter (§ 2000a et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables.
42 U.S.C. § 2000h–6 (THE PUBLIC HEALTH AND WELFARE)
§ 2000h–6. Separability
If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.
(Pub. L. 88–352, title XI, § 1106, July 2, 1964, 78 Stat. 268.)
heading: Editorial Notes
heading: References in Text
text: This Act and the Act, referred to in text, is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended, known as the Civil Rights Act of 1964, which is classified principally to subchapters II to IX of this chapter (§ 2000a et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables.
42 U.S.C. § 2000aa–5 (THE PUBLIC HEALTH AND WELFARE)
§ 2000aa–5. Border and customs searches
This chapter shall not impair or affect the ability of a government officer or employee, pursuant to otherwise applicable law, to conduct searches and seizures at the borders of, or at international points of, entry into the United States in order to enforce the customs laws of the United States.
(Pub. L. 96–440, title I, § 105, Oct. 13, 1980, 94 Stat. 1880.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1981, except that insofar as such provisions are applicable to a State or any governmental unit other than the United States, the section is effective one year from Oct. 13, 1980, see section 108 of Pub. L. 96–440, set out as a note under section 2000aa of this title.
42 U.S.C. § 2000aa–7 (THE PUBLIC HEALTH AND WELFARE)
§ 2000aa–7. Definitions
(a) “Documentary materials”, as used in this chapter, means materials upon which information is recorded, and includes, but is not limited to, written or printed materials, photographs, motion picture films, negatives, video tapes, audio tapes, and other mechanically, magentically 1 or electronically recorded cards, tapes, or discs, but does not include contraband or the fruits of a crime or things otherwise criminally possessed, or property designed or intended for use, or which is or has been used as, the means of committing a criminal offense.
(b) “Work product materials”, as used in this chapter, means materials, other than contraband or the fruits of a crime or things otherwise criminally possessed, or property designed or intended for use, or which is or has been used, as the means of committing a criminal offense, and—
(1) in anticipation of communicating such materials to the public, are prepared, produced, authored, or created, whether by the person in possession of the materials or by any other person;
(2) are possessed for the purposes of communicating such materials to the public; and
(3) include mental impressions, conclusions, opinions, or theories of the person who prepared, produced, authored, or created such material.
(c) “Any other governmental unit”, as used in this chapter, includes the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and any local government, unit of local government, or any unit of State government.
(Pub. L. 96–440, title I, § 107, Oct. 13, 1980, 94 Stat. 1881.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1981, except that insofar as such provisions are applicable to a State or any governmental unit other than the United States, the section is effective one year from Oct. 13, 1980, see section 108 of Pub. L. 96–440, set out as a note under section 2000aa of this title.
42 U.S.C. § 2000bb–2 (THE PUBLIC HEALTH AND WELFARE)
§ 2000bb–2. Definitions
As used in this chapter—
(1) the term “government” includes a branch, department, agency, instrumentality, and official (or other person acting under color of law) of the United States, or of a covered entity;
(2) the term “covered entity” means the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States;
(3) the term “demonstrates” means meets the burdens of going forward with the evidence and of persuasion; and
(4) the term “exercise of religion” means religious exercise, as defined in section 2000cc–5 of this title.
(Pub. L. 103–141, § 5, Nov. 16, 1993, 107 Stat. 1489; Pub. L. 106–274, § 7(a), Sept. 22, 2000, 114 Stat. 806.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 103–141, Nov. 16, 1993, 107 Stat. 1488, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2000bb of this title and Tables.
heading: Amendments
text: 2000—Par. (1). Pub. L. 106–274, § 7(a)(1), substituted “or of a covered entity” for “a State, or a subdivision of a State”.
Par. (2). Pub. L. 106–274, § 7(a)(2), substituted “term ‘covered entity’ means” for “term ‘State’ includes”.
Par. (4). Pub. L. 106–274, § 7(a)(3), substituted “religious exercise, as defined in section 2000cc–5 of this title” for “the exercise of religion under the First Amendment to the Constitution”.
42 U.S.C. § 2000bb–3 (THE PUBLIC HEALTH AND WELFARE)
§ 2000bb–3. Applicability
(a) In general
This chapter applies to all Federal law, and the implementation of that law, whether statutory or otherwise, and whether adopted before or after November 16, 1993.
(b) Rule of construction
Federal statutory law adopted after November 16, 1993, is subject to this chapter unless such law explicitly excludes such application by reference to this chapter.
(c) Religious belief unaffected
Nothing in this chapter shall be construed to authorize any government to burden any religious belief.
(Pub. L. 103–141, § 6, Nov. 16, 1993, 107 Stat. 1489; Pub. L. 106–274, § 7(b), Sept. 22, 2000, 114 Stat. 806.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 103–141, Nov. 16, 1993, 107 Stat. 1488, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2000bb of this title and Tables.
heading: Amendments
text: 2000—Subsec. (a). Pub. L. 106–274 struck out “and State” after “Federal”.
42 U.S.C. § 2000bb–4 (THE PUBLIC HEALTH AND WELFARE)
§ 2000bb–4. Establishment clause unaffected
Nothing in this chapter shall be construed to affect, interpret, or in any way address that portion of the First Amendment prohibiting laws respecting the establishment of religion (referred to in this section as the “Establishment Clause”). Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this chapter. As used in this section, the term “granting”, used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions.
(Pub. L. 103–141, § 7, Nov. 16, 1993, 107 Stat. 1489.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 103–141, Nov. 16, 1993, 107 Stat. 1488, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2000bb of this title and Tables.
42 U.S.C. § 2000cc (THE PUBLIC HEALTH AND WELFARE)
§ 2000cc. Protection of land use as religious exercise
(a) Substantial burdens
(1) General rule
No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution—
(A) is in furtherance of a compelling governmental interest; and
(B) is the least restrictive means of furthering that compelling governmental interest.
(2) Scope of application
This subsection applies in any case in which—
(A) the substantial burden is imposed in a program or activity that receives Federal financial assistance, even if the burden results from a rule of general applicability;
(B) the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, even if the burden results from a rule of general applicability; or
(C) the substantial burden is imposed in the implementation of a land use regulation or system of land use regulations, under which a government makes, or has in place formal or informal procedures or practices that permit the government to make, individualized assessments of the proposed uses for the property involved.
(b) Discrimination and exclusion
(1) Equal terms
No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution.
(2) Nondiscrimination
No government shall impose or implement a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination.
(3) Exclusions and limits
No government shall impose or implement a land use regulation that—
(A) totally excludes religious assemblies from a jurisdiction; or
(B) unreasonably limits religious assemblies, institutions, or structures within a jurisdiction.
(Pub. L. 106–274, § 2, Sept. 22, 2000, 114 Stat. 803.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 106–274, § 1, Sept. 22, 2000, 114 Stat. 803, provided that: “This Act [enacting this chapter and amending sections 1988, 2000bb–2 and 2000bb–3 of this title] may be cited as the ‘Religious Land Use and Institutionalized Persons Act of 2000’ ”.
42 U.S.C. § 2000cc–4 (THE PUBLIC HEALTH AND WELFARE)
§ 2000cc–4. Establishment Clause unaffected
Nothing in this chapter shall be construed to affect, interpret, or in any way address that portion of the first amendment to the Constitution prohibiting laws respecting an establishment of religion (referred to in this section as the “Establishment Clause”). Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this chapter. In this section, the term “granting”, used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions.
(Pub. L. 106–274, § 6, Sept. 22, 2000, 114 Stat. 806.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 106–274, Sept. 22, 2000, 114 Stat. 803, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2000cc of this title and Tables.
42 U.S.C. § 2000cc–5 (THE PUBLIC HEALTH AND WELFARE)
§ 2000cc–5. Definitions
In this chapter:
(1) Claimant
The term “claimant” means a person raising a claim or defense under this chapter.
(2) Demonstrates
The term “demonstrates” means meets the burdens of going forward with the evidence and of persuasion.
(3) Free Exercise Clause
The term “Free Exercise Clause” means that portion of the first amendment to the Constitution that proscribes laws prohibiting the free exercise of religion.
(4) Government
The term “government”—
(A) means—
(i) a State, county, municipality, or other governmental entity created under the authority of a State;
(ii) any branch, department, agency, instrumentality, or official of an entity listed in clause (i); and
(iii) any other person acting under color of State law; and
(B) for the purposes of sections 2000cc–2(b) and 2000cc–3 of this title, includes the United States, a branch, department, agency, instrumentality, or official of the United States, and any other person acting under color of Federal law.
(5) Land use regulation
The term “land use regulation” means a zoning or landmarking law, or the application of such a law, that limits or restricts a claimant’s use or development of land (including a structure affixed to land), if the claimant has an ownership, leasehold, easement, servitude, or other property interest in the regulated land or a contract or option to acquire such an interest.
(6) Program or activity
The term “program or activity” means all of the operations of any entity as described in paragraph (1) or (2) of section 2000d–4a of this title.
(7) Religious exercise
(A) In general
The term “religious exercise” includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief.
(B) Rule
The use, building, or conversion of real property for the purpose of religious exercise shall be considered to be religious exercise of the person or entity that uses or intends to use the property for that purpose.
(Pub. L. 106–274, § 8, Sept. 22, 2000, 114 Stat. 806.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 106–274, Sept. 22, 2000, 114 Stat. 803, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2000cc of this title and Tables.
42 U.S.C. § 2000dd–0 (THE PUBLIC HEALTH AND WELFARE)
§ 2000dd–0. Additional prohibition on cruel, inhuman, or degrading treatment or punishment
(1) In general
No individual in the custody or under the physical control of the United States Government, regardless of nationality or physical location, shall be subject to cruel, inhuman, or degrading treatment or punishment.
(2) Cruel, inhuman, or degrading treatment or punishment defined
In this section, the term “cruel, inhuman, or degrading treatment or punishment” means cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States, as defined in the United States Reservations, Declarations and Understandings to the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment done at New York, December 10, 1984.
(3) Compliance
The President shall take action to ensure compliance with this section, including through the establishment of administrative rules and procedures.
(Pub. L. 109–366, § 6(c), Oct. 17, 2006, 120 Stat. 2635.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Military Commissions Act of 2006, and not as part of the Detainee Treatment Act of 2005 which comprises this chapter.
42 U.S.C. § 2000ff–9 (THE PUBLIC HEALTH AND WELFARE)
§ 2000ff–9. Medical information that is not genetic information
An employer, employment agency, labor organization, or joint labor-management committee shall not be considered to be in violation of this chapter based on the use, acquisition, or disclosure of medical information that is not genetic information about a manifested disease, disorder, or pathological condition of an employee or member, including a manifested disease, disorder, or pathological condition that has or may have a genetic basis.
(Pub. L. 110–233, title II, § 210, May 21, 2008, 122 Stat. 920.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 18 months after May 21, 2008, see section 213 of Pub. L. 110–233, set out as a note under section 2000ff of this title.
42 U.S.C. § 2000ff–10 (THE PUBLIC HEALTH AND WELFARE)
§ 2000ff–10. Regulations
Not later than 1 year after May 21, 2008, the Commission shall issue final regulations to carry out this chapter.
(Pub. L. 110–233, title II, § 211, May 21, 2008, 122 Stat. 920.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 18 months after May 21, 2008, see section 213 of Pub. L. 110–233, set out as a note under section 2000ff of this title.
42 U.S.C. § 2000ff–11 (THE PUBLIC HEALTH AND WELFARE)
§ 2000ff–11. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this chapter (except for section 2000ff–7 of this title).
(Pub. L. 110–233, title II, § 212, May 21, 2008, 122 Stat. 920.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 18 months after May 21, 2008, see section 213 of Pub. L. 110–233, set out as a note under section 2000ff of this title.
42 U.S.C. § 2001 (THE PUBLIC HEALTH AND WELFARE)
§ 2001. Hospitals and health facilities transferred to Public Health Service; restriction on closing hospitals
(a) All functions, responsibilities, authorities, and duties of the Department of the Interior, the Bureau of Indian Affairs, Secretary of the Interior, and the Commissioner of Indian Affairs relating to the maintenance and operation of hospital and health facilities for Indians, and the conservation of the health of Indians, are transferred to, and shall be administered by, the Surgeon General of the United States Public Health Service, under the supervision and direction of the Secretary of Health and Human Services: Provided, That hospitals now in operation for a specific tribe or tribes of Indians shall not be closed prior to July 1, 1956, without the consent of the governing body of the tribe or its organized council.
(b) In carrying out his functions, responsibilities, authorities, and duties under this subchapter, the Secretary is authorized, with the consent of the Indian people served, to contract with private or other non-Federal health agencies or organizations for the provision of health services to such people on a fee-for-service basis or on a prepayment or other similar basis.
(Aug. 5, 1954, ch. 658, § 1, 68 Stat. 674; Pub. L. 93–222, § 6(a), Dec. 29, 1973, 87 Stat. 935; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
heading: Editorial Notes
heading: Amendments
text: 1973—Pub. L. 93–222 designated existing provisions as subsec. (a) and added subsec. (b).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Act Aug. 5, 1954, ch. 658, § 6, 68 Stat. 675, as amended by Pub. L. 86–121, § 2, July 31, 1959, 73 Stat. 268, provided that: “Sections 1 to 5, inclusive, of this Act [enacting this subchapter and repealing sections 444 to 449 of Title 25, Indians] shall take effect July 1, 1959.”
heading: Executive Documents
heading: Transfer of Functions
text: Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. Office of Surgeon General reestablished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754.
42 U.S.C. § 2002 (THE PUBLIC HEALTH AND WELFARE)
§ 2002. Transfer of hospitals and facilities to State or private institutions; conditions and restrictions; failure to meet requirements
Whenever the health needs of the Indians can be better met thereby, the Secretary of Health and Human Services is authorized in his discretion to enter into contracts with any State, Territory, or political subdivision thereof, or any private nonprofit corporation, agency or institution providing for the transfer by the United States Public Health Service of Indian hospitals or health facilities, including initial operating equipment and supplies.
It shall be a condition of such transfer that all facilities transferred shall be available to meet the health needs of the Indians and that such health needs shall be given priority over those of the non-Indian population. No hospital or health facility that has been constructed or maintained for a specific tribe of Indians, or for a specific group of tribes, shall be transferred by the Secretary of Health and Human Services to a non-Indian entity or organization under this subchapter unless such action has been approved by the governing body of the tribe, or by the governing bodies of a majority of the tribes, for which such hospital or health facility has been constructed or maintained: Provided, That if, following such transfer by the United States Public Health Service, the Secretary of Health and Human Services finds the hospital or health facility transferred under this section is not thereafter serving the need of the Indians, the Secretary of Health and Human Services shall notify those charged with management thereof, setting forth needed improvements, and in the event such improvements are not made within a time to be specified, shall immediately assume management and operation of such hospital or health facility.
(Aug. 5, 1954, ch. 658, § 2, 68 Stat. 674; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective July 1, 1959, see section 6 of act Aug. 5, 1954, set out as a note under section 2001 of this title.
heading: Transfer of Functions
text: Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.