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Title 42 — The Public Health and Welfare

Chapter 107 — Consumer-Patient Radiation Health and Safety

§ 10008. Applicability to Federal agencies

Statutory text

(a)

Except as provided in subsection (b), each department, agency, and instrumentality of the executive branch of the Federal Government shall comply with standards promulgated pursuant to this chapter.

(b)

The Secretary of Veterans Affairs, through the Under Secretary for Health of the Department of Veterans Affairs, shall, to the maximum extent feasible consistent with the responsibilities of such Secretary and Under Secretary for Health under title 38, prescribe regulations making the standards promulgated pursuant to this chapter applicable to the provision of radiologic procedures in facilities over which that Secretary has jurisdiction. In prescribing and implementing regulations pursuant to this subsection, the Secretary of Veterans Affairs shall consult with the Secretary in order to achieve the maximum possible coordination of the regulations, standards, and guidelines, and the implementation thereof, which the Secretary and the Secretary of Veterans Affairs prescribe under this chapter.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Consumer-Patient Radiation Health and Safety Act of 1981

    Pub. L. 97–35 title IX § 983 · 95 Stat. 357

    Enacted · 42 U.S.C. § 10008

    Pub. L. 97–35, title IX, § 983, Aug. 13, 1981, 95 Stat. 601

    Source evidence

    Code source credit
    Pub. L. 97–35, title IX, § 983, Aug. 13, 1981, 95 Stat. 601

    Enacted provision · exact public law section
    Sec. 983. applicability to federal agencies (a) Except as provided in subsection (b), each department, 42 USC 10008. agency, and instrumentality of the executive branch of the Federal Government shall comply with standards promulgated pursuant to this subtitle. (b) (1) The Administrator of Veterans’ Affairs, through the Chief Regulations. Medical Director of the Veterans’ Administration, shall, to the maximum extent feasible consistent with the responsibilities of such Administrator and Chief Medical Director under subtitle 38, United States Code. prescribe regulations making the standards promulgated 38 USC 101 et seq. pursuant to this subtitle applicable to the provision of radiologic procedures in facilities over which the Administrator has jurisdiction. In prescribing and implementing regulations pursuant to this subsection, the Administrator shall consult with the Secretary in order to achieve the maximum possible coordination of the regulations, standards, and guidelines, and the implementation thereof, which the Secretary and the Administrator prescribe under this subtitle. (2) Not later than 180 days after standards are promulgated by the Report to congressional committees. Secretary pursuant to this subtitle, the Administrator of Veterans’ Affairs shall submit to the appropriate committees of Congress a full report with respect to the regulations (including guidelines, policies, and procedures thereunder) prescribed pursuant to paragraph (1) of this subsection. Such report shall include— (A) an explanation of any inconsistency between standards made applicable by such regulations and the standards promulgated by the Secretary pursuant to this subtitle; (B) an account of the extent, substance, and results of consultations with the Secretary respecting the prescription and implementation of regulations by the Administrator; and (C) such recommendations for legislation and administrative action as the Administrator determines are necessary and desirable. (3) The Administrator of Veterans’ Affairs shall publish the report required by paragraph (2) in the Federal Register.

  2. Pub. L. 102–54 § 13(q)(13)(C) · 105 Stat. 267

    1. Substituted · 42 U.S.C. § 10008(b)

      Pub. L. 102–54 substituted “The Secretary of Veterans Affairs, through the Chief Medical Director of the Department of Veterans Affairs, shall, to the maximum extent feasible consistent with the responsibilities of such Secretary and Chief Medical Director under title 38” for “(1) The Administrator of Veterans’ Affairs, through the Chief Medical Director of the Veterans’ Administration, shall, to the maximum extent feasible consistent with the responsibilities of such Administrator and Chief Medical Director under subtitle 38” wherever else appearing

    2. Substituted · 42 U.S.C. § 10008(b)

      Pub. L. 102–54 substituted “over which that Secretary” for “over which the Administrator” wherever else appearing

    3. Substituted · 42 U.S.C. § 10008(b)

      Pub. L. 102–54 substituted “Secretary of Veterans Affairs” for “Administrator” wherever else appearing

    4. Struck · 42 U.S.C. § 10008(b)

      Pub. L. 102–54 struck out pars. (2) and (3) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–54 substituted “The Secretary of Veterans Affairs, through the Chief Medical Director of the Department of Veterans Affairs, shall, to the maximum extent feasible consistent with the responsibilities of such Secretary and Chief Medical Director under title 38” for “(1) The Administrator of Veterans’ Affairs, through the Chief Medical Director of the Veterans’ Administration, shall, to the maximum extent feasible consistent with the responsibilities of such Administrator and Chief Medical Director under subtitle 38”, “over which that Secretary” for “over which the Administrator”, and “Secretary of Veterans Affairs” for “Administrator” wherever else appearing, and struck out pars. (2) and (3) which read as follows:

    “(2) Not later than 180 days after standards are promulgated by the Secretary pursuant to this chapter, the Administrator of Veterans’ Affairs shall submit to the appropriate committees of Congress a full report with respect to the regulations (including guidelines, policies, and procedures thereunder) prescribed pursuant to paragraph (1) of this subsection. Such report shall include— “(A) an explanation of any inconsistency between standards made applicable by such regulations and the standards promulgated by the Secretary pursuant to this chapter; “(B) an account of the extent, substance, and results of consultations with the Secretary respecting the prescription and implementation of regulations by the Administrator; and “(C) such recommendations for legislation and administrative action as the Administrator determines are necessary and desirable. “(3) The Administrator of Veterans’ Affairs shall publish the report required by paragraph (2) in the Federal Register.”

    Enacted provision · exact public law section
    (C) Section 983(b) (42 U.S.C. 10008(b))— (i) by striking out “(1) The Administrator of Veterans’ Affairs” and all that follows through “subtitle 38” and inserting in lieu thereof “The Secretary of Veterans Affairs, through the Chief Medical Director of the Department of Veterans Affairs, shall, to the maximum extent feasible consistent with the responsibilities of such Secretary and Chief Medical Director under title 38”; (ii) by striking out “over which the Administrator” and inserting in lieu thereof “over which that Secretary”; (iii) by striking out “Administrator” both places it appears in the second sentence and inserting in lieu thereof “Secretary of Veterans Affairs”; and (iv) by striking out paragraphs (2) and (3).

  3. Veterans’ Medical Programs Amendments of 1992

    Pub. L. 102–405 title III § 302(e)(1) · 106 Stat. 1972

    Substituted · 42 U.S.C. § 10008(b)

    Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director” in two places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director” in two places.

    Enacted provision · exact public law section
    (1) to the Chief Medical Director of the Department of Veterans Affairs shall be deemed to refer to the Under Secretary for Health of the Department of Veterans Affairs; and

6 of 6 references resolved to an enrolled provision

Editorial Notes

Amendments1991–1992 · 2 rounds

1992

Subsec. (b). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director” in two places.

1991

Subsec. (b). Pub. L. 102–54 substituted “The Secretary of Veterans Affairs, through the Chief Medical Director of the Department of Veterans Affairs, shall, to the maximum extent feasible consistent with the responsibilities of such Secretary and Chief Medical Director under title 38” for “(1) The Administrator of Veterans’ Affairs, through the Chief Medical Director of the Veterans’ Administration, shall, to the maximum extent feasible consistent with the responsibilities of such Administrator and Chief Medical Director under subtitle 38”, “over which that Secretary” for “over which the Administrator”, and “Secretary of Veterans Affairs” for “Administrator” wherever else appearing, and struck out pars. (2) and (3) which read as follows:

“(2) Not later than 180 days after standards are promulgated by the Secretary pursuant to this chapter, the Administrator of Veterans’ Affairs shall submit to the appropriate committees of Congress a full report with respect to the regulations (including guidelines, policies, and procedures thereunder) prescribed pursuant to paragraph (1) of this subsection. Such report shall include—

“(A) an explanation of any inconsistency between standards made applicable by such regulations and the standards promulgated by the Secretary pursuant to this chapter;

“(B) an account of the extent, substance, and results of consultations with the Secretary respecting the prescription and implementation of regulations by the Administrator; and

“(C) such recommendations for legislation and administrative action as the Administrator determines are necessary and desirable.

“(3) The Administrator of Veterans’ Affairs shall publish the report required by paragraph (2) in the Federal Register.”

Credits

1981–1992 · 3 acts
  1. 1981Pub. L. 97–35, title IX, § 983, , 95 Stat. 601
  2. 1991Pub. L. 102–54, § 13(q)(13)(C), , 105 Stat. 282
  3. 1992Pub. L. 102–405, title III, § 302(e)(1), , 106 Stat. 1985.
Show as published

(Pub. L. 97–35, title IX, § 983, , 95 Stat. 601; Pub. L. 102–54, § 13(q)(13)(C), , 105 Stat. 282; Pub. L. 102–405, title III, § 302(e)(1), , 106 Stat. 1985.)

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USLM identifier /us/usc/t42/s10008