§ 14401. Findings and purpose
(a) Findings
Congress finds the following:
(1) The Federal Government provides finan-
cial support for the provision of and payment
for health care services, as well as for advo-
cacy activities to protect the rights of individ-
uals.
(2) Assisted suicide, euthanasia, and mercy
killing have been criminal offenses throughout
the United States and, under current law, it
would be unlawful to provide services in sup-
port of such illegal activities.
(3) Because of recent legal developments, it
may become lawful in areas of the United
States to furnish services in support of such
activities.
(4) Congress is not providing Federal finan-
cial assistance in support of assisted suicide,
euthanasia, and mercy killing and intends
that Federal funds not be used to promote
such activities.
(b) Purpose
It is the principal purpose of this chapter to
continue current Federal policy by providing ex-
Page 8637
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 14402
plicitly that Federal funds may not be used to
pay for items and services (including assistance)
the purpose of which is to cause (or assist in
causing) the suicide, euthanasia, or mercy kill-
ing of any individual.
(Pub. L. 105–12, § 2, Apr. 30, 1997, 111 Stat. 23.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, meaning Pub. L. 105–12, Apr. 30,
1997, 111 Stat. 23, known as the Assisted Suicide Fund-
ing Restriction Act of 1997. For complete classification
of this Act to the Code, see Short Title note set out
below and Tables.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 105–12, § 11, Apr. 30, 1997, 111 Stat. 29, provided
that:
‘‘(a) IN GENERAL.—The provisions of this Act [see
Short Title
File SHA-256: 1ef91ff41d565945b9597bc12248babab723e7a2e6daf0a4d65aa8509882cb25. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_69d3773663a7ba3635103a93 Source file: Laws/federal/codes/united-states-code-2024/title-42/section-14401-findings-and-purpose--48146ae4c2.md Pages: Not recorded – Not recorded Passage SHA-256: 9f42213ca635aa81d55ffbdce8f65b370aeeb9dac621f4b6fb5729dae3ac1ac7 Retained source evidence SHA-256: 1ef91ff41d565945b9597bc12248babab723e7a2e6daf0a4d65aa8509882cb25
Page 8636
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 14331
SUBCHAPTER III—MANAGEMENT OF
BATTERIES CONTAINING MERCURY
§ 14331. Purpose
The purpose of this subchapter is to phase out
the use of batteries containing mercury.
(Pub. L. 104–142, title II, § 202, May 13, 1996, 110
Stat. 1336.)
§ 14332. Limitations on sale of alkaline-man-
ganese batteries containing mercury
No person shall sell, offer for sale, or offer for
promotional purposes any alkaline-manganese
battery manufactured on or after May 13, 1996,
with a mercury content that was intentionally
introduced (as distinguished from mercury that
may be incidentally present in other materials),
except that the limitation on mercury content
in alkaline-manganese button cells shall be 25
milligrams of mercury per button cell.
(Pub. L. 104–142, title II, § 203, May 13, 1996, 110
Stat. 1336.)
§ 14333. Limitations on sale of zinc-carbon bat-
teries containing mercury
No person shall sell, offer for sale, or offer for
promotional purposes any zinc-carbon battery
manufactured on or after May 13, 1996, that con-
tains mercury that was intentionally introduced
as described in section 14332 of this title.
(Pub. L. 104–142, title II, § 204, May 13, 1996, 110
Stat. 1336.)
§ 14334. Limitations on sale of button cell mer-
curic-oxide batteries
No person shall sell, offer for sale, or offer for
promotional purposes any button cell mercuric-
oxide battery for use in the United States on or
after May 13, 1996.
(Pub. L. 104–142, title II, § 205, May 13, 1996, 110
Stat. 1336.)
§ 14335. Limitations on sale of other mercuric-
oxide batteries
(a) Prohibition
On or after May 13, 1996, no person shall sell,
offer for sale, or offer for promotional purposes
a mercuric-oxide battery for use in the United
States unless the battery manufacturer, or the
importer of such a battery—
(1) identifies a collection site in the United
States that has all required Federal, State,
and local government approvals, to which per-
sons may send used mercuric-oxide batteries
for recycling or proper disposal;
(2) informs each of its purchasers of mer-
curic-oxide batteries of the collection site
identified under paragraph (1); and
(3) informs each of its purchasers of mer-
curic-oxide batteries of a telephone number
that the purchaser may call to get informa-
tion about sending mercuric-oxide batteries
for recycling or proper disposal.
(b) Application of section
This section does not apply to a sale or offer
of a mercuric-oxide button cell battery.
(Pub. L. 104–142, title II, § 206, May 13, 1996, 110
Stat. 1336.)
§ 14336. New product or use
On petition of a person that proposes a new
use for a battery technology described in this
subchapter or the use of a battery described in
this subchapter in a new product, the Adminis-
trator may exempt from this subchapter the new
use of the technology or the use of such a bat-
tery in the new product on the condition, if ap-
propriate, that there exist reasonable safeguards
to ensure that the resulting battery or product
without an easily removable battery will not be
disposed of in an incinerator, composting facil-
ity, or landfill (other than a facility regulated
under subtitle C of the Solid Waste Disposal Act
(42 U.S.C. 6921 et seq.)).
(Pub. L. 104–142, title II, § 207, May 13, 1996, 110
Stat. 1336.)
Editorial Notes
REFERENCES IN TEXT
The Solid Waste Disposal Act, referred to in text, 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. Subtitle C of the Act is classified generally
to subchapter III (§ 6921 et seq.) of chapter 82 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.
CHAPTER 138—ASSISTED SUICIDE FUNDING
RESTRICTION
Sec.
14401.
Findings and purpose.
14402.
Restriction on use of Federal funds under
health care programs.
14403.
Restriction on use of Federal funds under cer-
tain grant programs.
14404.
Restriction on use of Federal funds by advo-
cacy programs.
14405.
Restriction on use of other Federal funds.
14406.
Clarification with respect to advance direc-
tives.
14407.
Application to District of Columbia.
14408.
Relation to other laws.
§ 14401. Findings and purpose
(a) Findings
Congress finds the following:
(1) The Federal Government provides finan-
cial support for the provision of and payment
for health care services, as well as for advo-
cacy activities to protect the rights of individ-
uals.
(2) Assisted suicide, euthanasia, and mercy
killing have been criminal offenses throughout
the United States and, under current law, it
would be unlawful to provide services in sup-
port of such illegal activities.
(3) Because of recent legal developments, it
may become lawful in areas of the United
States to furnish services in support of such
activities.
(4) Congress is not providing Federal finan-
cial assistance in support of assisted suicide,
euthanasia, and mercy killing and intends
that Federal funds not be used to promote
such activities.
(b) Purpose
It is the principal purpose of this chapter to
continue current Federal policy by providing ex-
Page 8637
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 14402
plicitly that Federal funds may not be used to
pay for items and services (including assistance)
the purpose of which is to cause (or assist in
causing) the suicide, euthanasia, or mercy kill-
ing of any individual.
(Pub. L. 105–12, § 2, Apr. 30, 1997, 111 Stat. 23.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, meaning Pub. L. 105–12, Apr. 30,
1997, 111 Stat. 23, known as the Assisted Suicide Fund-
ing Restriction Act of 1997. For complete classification
of this Act to the Code, see Short Title note set out
below and Tables.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 105–12, § 11, Apr. 30, 1997, 111 Stat. 29, provided
that:
‘‘(a) IN GENERAL.—The provisions of this Act [see
Short Title note below] (and the amendments made by
this Act) take effect upon its enactment [Apr. 30, 1997]
and apply, subject to subsection (b), to Federal pay-
ments made pursuant to obligations incurred after the
date of the enactment of this Act for items and services
provided on or after such date.
‘‘(b) APPLICATION
TO
CONTRACTS.—Such provisions
shall apply with respect to contracts entered into, re-
newed, or extended after the date of the enactment of
this Act [Apr. 30, 1997] and shall also apply to a con-
tract entered into before such date to the extent per-
mitted under such contract.’’
SHORT TITLE
Pub. L. 105–12, § 1(a), Apr. 30, 1997, 111 Stat. 23, pro-
vided that: ‘‘This Act [enacting this chapter, section
238o of this title, section 1621x of Title 25, Indians, and
section 1707 of Title 38, Veterans’ Benefits, amending
sections 295, 701, 1395y, 1395cc, 1396a, 1396b, 1397d, 2996f,
6022, 6042, 6062, 6082, and 10805 of this title, section 8902
of Title 5, Government Organization and Employees,
section 1073 of Title 10, Armed Forces, section 4005 of
Title 18, Crimes and Criminal Procedure, section 2504 of
Title 22, Foreign Relations and Intercourse, and section
794e of Title 29, Labor, and enacting provisions set out
as notes under this section and section 295 of this title]
may be cited as the ‘Assisted Suicide Funding Restric-
tion Act of 1997’.’’
CONSTRUCTION OF CONFORMING AMENDMENTS
Pub. L. 105–12, § 9(p), Apr. 30, 1997, 111 Stat. 29, pro-
vided that: ‘‘The fact that a law is not amended under
this section [enacting section 238o of this title, section
1621x of Title 25, Indians, and section 1707 of Title 38,
Veterans’ Benefits, amending sections 701, 1395y, 1395cc,
1396a, 1396b, 1397d, 2996f, 6022, 6042, 6062, 6082, and 10805
of this title, section 8902 of Title 5, Government Organi-
zation and Employees, section 1073 of Title 10, Armed
Forces, section 4005 of Title 18, Crimes and Criminal
Procedure, section 2504 of Title 22, Foreign Relations
and Intercourse, and section 794e of Title 29, Labor]
shall not be construed as indicating that the provisions
of this Act [see Short Title note above] do not apply to
such a law.’’
§ 14402. Restriction on use of Federal funds
under health care programs
(a) Restriction on Federal funding of health care
services
Subject to subsection (b), no funds appro-
priated by Congress for the purpose of paying
(directly or indirectly) for the provision of
health care services may be used—
(1) to provide any health care item or service
furnished for the purpose of causing, or for the
purpose of assisting in causing, the death of
any individual, such as by assisted suicide, eu-
thanasia, or mercy killing;
(2) to pay (directly, through payment of Fed-
eral financial participation or other matching
payment, or otherwise) for such an item or
service, including payment of expenses relat-
ing to such an item or service; or
(3) to pay (in whole or in part) for health
benefit coverage that includes any coverage of
such an item or service or of any expenses re-
lating to such an item or service.
(b) Construction and treatment of certain serv-
ices
Nothing in subsection (a), or in any other pro-
vision of this chapter (or in any amendment
made by this chapter), shall be construed to
apply to or to affect any limitation relating to—
(1) the withholding or withdrawing of med-
ical treatment or medical care;
(2) the withholding or withdrawing of nutri-
tion or hydration;
(3) abortion; or
(4) the use of an item, good, benefit, or serv-
ice furnished for the purpose of alleviating
pain or discomfort, even if such use may in-
crease the risk of death, so long as such item,
good, benefit, or service is not also furnished
for the purpose of causing, or the purpose of
assisting in causing, death, for any reason.
(c) Limitation on Federal facilities and employ-
ees
Subject to subsection (b), with respect to
health care items and services furnished—
(1) by or in a health care facility owned or
operated by the Federal government, or
(2) by any physician or other individual em-
ployed by the Federal government to provide
health care services within the scope of the
physician’s or individual’s employment,
no such item or service may be furnished for the
purpose of causing, or for the purpose of assist-
ing in causing, the death of any individual, such
as by assisted suicide, euthanasia, or mercy kill-
ing.
(d) List of programs to which restrictions apply
(1) Federal health care funding programs
Subsection (a) applies to funds appropriated
under or to carry out the following:
(A) Medicare program
Title XVIII of the Social Security Act [42
U.S.C. 1395 et seq.].
(B) Medicaid program
Title XIX of the Social Security Act [42
U.S.C. 1396 et seq.].
(C) Title XX social services block grant
Title XX of the Social Security Act [42
U.S.C. 1397 et seq.].
(D) Maternal and child health block grant
program
Title V of the Social Security Act [42
U.S.C. 701 et seq.].
(E) Public Health Service Act
The Public Health Service Act [42 U.S.C.
201 et seq.].
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Conditions of participation; protection of individual rights; notification of State entities; use of home health aides; medical equipment; individual’s plan of care; compliance with Federal, State, and local laws and regulations** The conditions of participation that a home health agency is required to meet under this subsection are as follows:
(1) The agency protects and promotes the rights of each individual under its care, including each of the following rights:
(A) The right to be fully informed in advance about the care and treatment to be provided by the agency, to be fully informed in advance of any changes in the care or treatment to be provided by the agency that may affect the individual’s well-being, and (except with respect to an individual adjudged incompetent) to participate in planning care and treatment or changes in care or treatment.
(B) The right to voice grievances with respect to treatment or care that is (or fails to be) furnished without discrimination or reprisal for voicing grievances.
(C) The right to confidentiality of the clinical records described in section 1395x(o)(3) of this title.
(D) The right to have one’s property treated with respect.
(E) The right to be fully informed orally and in writing (in advance of coming under the care of the agency) of—
(i) all items and services furnished by (or under arrangements with) the agency for which payment may be made under this subchapter,
(ii) the coverage available for such items and services under this subchapter, subchapter XIX, and any other Federal program of which the agency is reasonably aware,
(iii) any charges for items and services not covered under this subchapter and any charges the individual may have to pay with respect to items and services furn
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1395. Prohibition against any Federal inter-
ference
Nothing in this subchapter shall be construed
to authorize any Federal officer or employee to
exercise any supervision or control over the
practice of medicine or the manner in which
medical services are provided, or over the selec-
tion, tenure, or compensation of any officer or
employee of any institution, agency, or person
providing health services; or to exercise any su-
pervision or control over the administration or
operation of any such institution, agency, or
person.
(Aug. 14, 1935, ch. 531, title XVIII, § 1801, as added
Pub. L. 89–97, title I, § 102(a), July 30, 1965, 79
Stat. 291.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
For short title of title I of Pub. L. 89–97, which en-
acted this subchapter as the ‘‘Health Insurance for the
Aged Act’’, see section 100 of Pub. L. 89–97, set out as
a Short Title of 1965 Amendment note under section
1305 of this title.
PROTECTING AND IMPROVING GUARANTEED MEDICARE
BENEFITS
Pub. L. 111–148, title III, § 3601, Mar. 23, 2010, 124 Stat.
538, provided that:
‘‘(a) PROTECTING GUARANTEED MEDICARE BENEFITS.—
Nothing in the provisions of, or amendments made by,
this Act [see Short Title note set out under section
18001 of this title] shall result in a reduction of guaran-
teed benefits under title XVIII of the Social Security
Act [42 U.S.C. 1395 et seq.].
‘‘(b) ENSURING THAT MEDICARE SAVINGS BENEFIT THE
MEDICARE
PROGRAM
AND
MEDICARE
BENEFICIARIES.—
Savings generated for the Medicare program under title
XVIII of the Social Security Act under the provisions
of, and amendments made by, this Act shall extend the
solvency of the Medicare trust funds, reduce Medicare
premiums and other cost-sharing for beneficiaries, and
improve or expand gu
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as “MACPAC”).
**(b) Duties**
(1) **Review of access policies for all States and annual reports** — MACPAC shall—
(A) review policies of the Medicaid program established under this subchapter (in this section referred to as “Medicaid”) and the State Children’s Health Insurance Program established under subchapter XXI (in this section referred to as “CHIP”) affecting access to covered items and services, including topics described in paragraph (2);
(B) make recommendations to Congress, the Secretary, and States concerning such access policies;
(C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such reviews and MACPAC’s recommendations concerning such policies; and
(D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, including the implications of changes in health care delivery in the United States and in the market for health care services on such programs.
(2) **Specific topics to be reviewed** — Specifically, MACPAC shall review and assess the following:
(A) *Medicaid and CHIP payment policies* — Payment policies under Medicaid and CHIP, including—
(i) the factors affecting expenditures for the efficient provision of items and services in different sectors, including the process for updating payments to medical, dental, and health professionals, hospitals, residential and long-term care providers, providers of home and community based services, Federally-qualified health centers and rural health clinics, managed care entities, and providers of ot
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1396. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1396. Medicaid and CHIP Payment and Access
Commission
(a) Establishment
There is hereby established the Medicaid and
CHIP Payment and Access Commission (in this
section referred to as ‘‘MACPAC’’).
(b) Duties
(1) Review of access policies for all States and
annual reports
MACPAC shall—
(A) review policies of the Medicaid pro-
gram established under this subchapter (in
this section referred to as ‘‘Medicaid’’) and
the State Children’s Health Insurance Pro-
gram established under subchapter XXI (in
this section referred to as ‘‘CHIP’’) affecting
access to covered items and services, includ-
ing topics described in paragraph (2);
(B) make recommendations to Congress,
the Secretary, and States concerning such
access policies;
(C) by not later than March 15 of each year
(beginning with 2010), submit a report to
Congress containing the results of such re-
views and MACPAC’s recommendations con-
cerning such policies; and
(D) by not later than June 15 of each year
(beginning with 2010), submit a report to
Congress
containing
an
examination
of
issues affecting Medicaid and CHIP, includ-
ing the implications of changes in health
care delivery in the United States and in the
market for health care services on such pro-
grams.
(2) Specific topics to be reviewed
Specifically, MACPAC shall review and as-
sess the following:
(A) Medicaid and CHIP payment policies
Payment policies under Medicaid and
CHIP, including—
(i) the factors affecting expenditures for
the efficient provision of items and serv-
ices in different sectors, including the
process for updating payments to medical,
dental, and health professionals, hospitals,
residential and long-term care providers,
providers of home and community based
services, Federally-qualified health ce
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1396. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
For the purposes of consolidating Federal assistance to States for social services into a single grant, increasing State flexibility in using social service grants, and encouraging each State, as far as practicable under the conditions in that State, to furnish services directed at the goals of—
(1) achieving or maintaining economic self-support to prevent, reduce, or eliminate dependency;
(2) achieving or maintaining self-sufficiency, including reduction or prevention of dependency;
(3) preventing or remedying neglect, abuse, or exploitation of children and adults unable to protect their own interests, or preserving, rehabilitating or reuniting families;
(4) preventing or reducing inappropriate institutional care by providing for community-based care, home-based care, or other forms of less intensive care; and
(5) securing referral or admission for institutional care when other forms of care are not appropriate, or providing services to individuals in institutions,
there are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the purposes of this division.
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1397. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1397. Purposes of division; authorization of ap-
propriations
For the purposes of consolidating Federal as-
sistance to States for social services into a sin-
gle grant, increasing State flexibility in using
social service grants, and encouraging each
State, as far as practicable under the conditions
in that State, to furnish services directed at the
goals of—
(1) achieving or maintaining economic self-
support to prevent, reduce, or eliminate de-
pendency;
(2) achieving or maintaining self-sufficiency,
including reduction or prevention of depend-
ency;
(3) preventing or remedying neglect, abuse,
or exploitation of children and adults unable
to protect their own interests, or preserving,
rehabilitating or reuniting families;
(4) preventing or reducing inappropriate in-
stitutional care by providing for community-
based care, home-based care, or other forms of
less intensive care; and
(5) securing referral or admission for institu-
tional care when other forms of care are not
appropriate, or providing services to individ-
uals in institutions,
there are authorized to be appropriated for each
fiscal year such sums as may be necessary to
carry out the purposes of this division.
(Aug. 14, 1935, ch. 531, title XX, § 2001, as added
Pub. L. 97–35, title XXIII, § 2352(a), Aug. 13, 1981,
95 Stat. 867; amended Pub. L. 111–148, title VI,
§ 6703(d)(1), Mar. 23, 2010, 124 Stat. 803.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1397, act Aug. 14, 1935, ch. 531, title
XX, § 2001, as added Jan. 4, 1975, Pub. L. 93–647, § 2, 88
Stat. 2337; amended June 17, 1980, Pub. L. 96–272, title
II, § 207(b), 94 Stat. 526, authorized appropriations to
carry out former provisions of this subchapter, prior to
the general revision of this subchapter by section
2352
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1397. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** Congress finds the following:
(1) The Federal Government provides financial support for the provision of and payment for health care services, as well as for advocacy activities to protect the rights of individuals.
(2) Assisted suicide, euthanasia, and mercy killing have been criminal offenses throughout the United States and, under current law, it would be unlawful to provide services in support of such illegal activities.
(3) Because of recent legal developments, it may become lawful in areas of the United States to furnish services in support of such activities.
(4) Congress is not providing Federal financial assistance in support of assisted suicide, euthanasia, and mercy killing and intends that Federal funds not be used to promote such activities.
**(b) Purpose** It is the principal purpose of this chapter to continue current Federal policy by providing explicitly that Federal funds may not be used to pay for items and services (including assistance) the purpose of which is to cause (or assist in causing) the suicide, euthanasia, or mercy killing of any individual.
Beginning with fiscal year 2010, the Secretary shall transfer from the Public Health and Social Services Emergency Fund such sums as may be necessary to carry out this part.
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 201. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 201. Definitions
When used in this chapter—
(a) The term ‘‘Service’’ means the Public
Health Service;
(b) The term ‘‘Surgeon General’’ means the
Surgeon General of the Public Health Service;
(c) Unless the context otherwise requires, the
term ‘‘Secretary’’ means the Secretary of
Health and Human Services.
(d) The term ‘‘regulations’’, except when oth-
erwise specified, means rules and regulations
made by the Surgeon General with the approval
of the Secretary;
(e) The term ‘‘executive department’’ means
any executive department, agency, or inde-
pendent establishment of the United States or
any corporation wholly owned by the United
States;
(f) Except as provided in sections 246(g)(4)(B),1
247c(c)(1),1
254d(h)(3),1
263c(5),1
264(d), 292a(9),1
300a(c), 300f(13), and 300n(1) 1 of this title, the
term ‘‘State’’ includes, in addition to the sev-
eral States, only the District of Columbia,
Guam, the Commonwealth of Puerto Rico, the
Northern Mariana Islands, the Virgin Islands,
American Samoa, the Federated States of Mi-
cronesia, the Republic of the Marshall Islands,
and the Republic of Palau.
(g) The term ‘‘possession’’ includes, among
other possessions, Puerto Rico and the Virgin Is-
lands;
(h) Repealed. Pub. L. 97–35, title IX, § 986(a),
Aug. 13, 1981, 95 Stat. 603.
(i) The term ‘‘vessel’’ includes every descrip-
tion of watercraft or other artificial contrivance
used, or capable of being used, as a means of
transportation on water, exclusive of aircraft
and amphibious contrivances;
(j) The term ‘‘habit-forming narcotic drug’’ or
‘‘narcotic’’ means opium and coca leaves and the
several alkaloids derived therefrom, the best
known of these alkaloids being morphia, heroin,
and codeine, obtained from opium, and cocaine
derived from the co
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 201. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Criteria for identification or listing** Not later than eighteen months after October 21, 1976, the Administrator shall, after notice and opportunity for public hearing, and after consultation with appropriate Federal and State agencies, develop and promulgate criteria for identifying the characteristics of hazardous waste, and for listing hazardous waste, which should be subject to the provisions of this subchapter, taking into account toxicity, persistence, and degradability in nature, potential for accumulation in tissue, and other related factors such as flammability, corrosiveness, and other hazardous characteristics. Such criteria shall be revised from time to time as may be appropriate.
**(b) Identification and listing**
(1) Not later than eighteen months after October 21, 1976, and after notice and opportunity for public hearing, the Administrator shall promulgate regulations identifying the characteristics of hazardous waste, and listing particular hazardous wastes (within the meaning of [section 6903(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903/5&num=0&edition=prelim)), which shall be subject to the provisions of this subchapter. Such regulations shall be based on the criteria promulgated under subsection (a) and shall be revised from time to time thereafter as may be appropriate. The Administrator, in cooperation with the Agency for Toxic Substances and Disease Registry and the National Toxicology Program, shall also identify or list those hazardous wastes which shall be subject to the provisions of this subchapter solely because of the presence in such wastes of certain constituents (such as identified carcinogens, mutagens, or teratagens) 11 So in original. Probably should be “teratogens)”. at le
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 6921. This identifies an authority to review, not proof of applicability.