42 U.S.C. § 6992e: Federal facilities

Summary

Federal departments, agencies, and instrumentalities in a demonstration State that run or use sites where medical waste is handled must follow the same federal, state, interstate, and local rules as anyone else. They must get permits, file reports, pay reasonable service charges, and obey court orders. They can be subject to civil, criminal, or administrative penalties, including injunctions, fines, and jail, just like a private person. The United States and its employees cannot claim immunity from enforcement of these rules; the United States gives up any immunity that would stop a court or agency from enforcing them. The President can exempt executive branch agencies from these rules if it is vital to the national interest. Each exemption may last up to one year and can be renewed only after a new presidential decision. Exemptions cannot be granted just because Congress did not give money unless the President asked for that money and Congress refused. The President must report every January to Congress about exemptions given in the past year and why. The word "person" in this law includes federal departments, agencies, and instrumentalities.

Title 42, §6992e

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general

Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government in a demonstration State (1) having jurisdiction over any solid waste management facility or disposal site at which medical waste is disposed of or otherwise handled, or (2) engaged in any activity resulting, or which may result, in the disposal, management, or handling of medical waste shall be subject to, and comply with, all Federal, State, interstate, and local requirements, both substantive and procedural (including any requirement for permits or reporting or any provisions for injunctive relief and such sanctions as may be imposed by a court to enforce such relief), respecting control and abatement of medical waste disposal and management in the same manner, and to the same extent, as any person is subject to such requirements, including the payment of reasonable service charges. The Federal, State, interstate, and local substantive and procedural requirements referred to in this subsection include, but are not limited to, all administrative orders, civil, criminal, and administrative penalties, and other sanctions, including injunctive relief, fines, and imprisonment. Neither the United States, nor any agent, employee, or officer thereof, shall be immune or exempt from any process or sanction of any State or Federal court with respect to the enforcement of any such order, penalty, or other sanction. For purposes of enforcing any such substantive or procedural requirement (including, but not limited to, any injunctive relief, administrative order, or civil, criminal, administrative penalty, or other sanction), against any such department, agency, or instrumentality, the United States hereby expressly waives any immunity otherwise applicable to the United States. The President may exempt any department, agency, or instrumentality in the executive branch from compliance with such a requirement if he determines it to be in the paramount interest of the United States to do so. No such exemption shall be granted due to lack of appropriation unless the President shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to make available such requested appropriation. Any exemption shall be for a period not in excess of one year, but additional exemptions may be granted for periods not to exceed one year upon the President’s making a new determination. The President shall report each January to the Congress all exemptions from the requirements of this section granted during the preceding calendar year, together with his reason for granting each such exemption.

(b)“Person” defined

For purposes of this chapter, the term “person” shall be treated as including each department, agency, and instrumentality of the United States.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in subsec. (a) of this section requiring the President to report annually to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 10th item on page 20 of House Document No. 103–7.

§6992e Federal Facilities

Summary

Title 42, §6992e

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Citations & Metadata