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 42 USC Sec. 2014                                                            01/02/01

Extract of the United States Code, Title 42.

TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS

Sec. 2014. Definitions

     The intent of Congress in the definitions as given in this section should be construed from the words or phrases used in the definitions. As used in this chapter:

     (a) The term ''agency of the United States'' means the executive branch of the United States, or any Government agency, or the legislative branch of the United States, or any agency, committee, commission, office, or other establishment in the legislative branch, or the judicial branch of the United States, or any office, agency, committee, commission, or other establishment in the judicial branch.

     (b) The term ''agreement for cooperation'' means any agreement with another nation or regional defense organization authorized or permitted by sections 2074, 2077, 2094, 2112, 2121(c), 2133, 2134, or 2164 of this title, and made pursuant to section 2153 of this title.

     (c) The term ''atomic energy'' means all forms of energy released in the course of nuclear fission or nuclear transformation.

     (d) The term ''atomic weapon'' means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of, a weapon, a weapon prototype, or a weapon test device.

     (e) The term ''byproduct material'' means

     (1) any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material, and
     (2) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content.

     (f) The term ''Commission'' means the Atomic Energy Commission.

     (g) The term ''common defense and security'' means the common defense and security of the United States.

     (h) The term ''defense information'' means any information in any category determined by any Government agency authorized to classify information, as being information respecting, relating to, or affecting the national defense.

     (i) The term ''design'' means

     (1) specifications, plans, drawings, blueprints, and other items of like nature;
     (2) the information contained therein; or
     (3) the research and development data pertinent to the information contained therein.

     (j) The term ''extraordinary nuclear occurrence'' means any event causing a discharge or dispersal of source, special nuclear, or byproduct material from its intended place of confinement in amounts offsite, or causing radiation levels offsite, which the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, determines to be substantial, and which the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, determines has resulted or will probably result in substantial damages to persons offsite or property offsite. Any determination by the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, that such an event has, or has not, occurred shall be final and conclusive, and no other official or any court shall have power or jurisdiction to review any such determination. The Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, shall establish criteria in writing setting forth the basis upon which such determination shall be made.
As used in this subsection, ''offsite'' means away from ''the location'' or ''the contract location'' as defined in the applicable Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, indemnity agreement, entered into pursuant to section 2210 of this title.

     (k) The term ''financial protection'' means the ability to respond in damages for public liability and to meet the costs of investigating and defending claims and settling suits for such damages.

     (l) The term ''Government agency'' means any executive department, commission, independent establishment, corporation, wholly or partly owned by the United States of America which is an instrumentality of the United States, or any board, bureau, division, service, office, officer, authority, administration, or other establishment in the executive branch of the Government.

     (m) The term ''indemnitor'' means

     (1) any insurer with respect to his obligations under a policy of insurance furnished as proof of financial protection;
     (2) any licensee, contractor or other person who is obligated under any other form of financial protection, with respect to such obligations; and
     (3) the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, with respect to any obligation undertaken by it in indemnity agreement entered into pursuant to section 2210 of this title.

     (n) The term ''international arrangement'' means any international agreement hereafter approved by the Congress or any treaty during the time such agreement or treaty is in full force and effect, but does not include any agreement for cooperation.

     (o) The term ''Energy Committees'' means the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.

     (p) The term ''licensed activity'' means an activity licensed pursuant to this chapter and covered by the provisions of section 2210(a) of this title.

     (q) The term ''nuclear incident'' means any occurrence, including an extraordinary nuclear occurrence, within the United States causing, within or outside the United States, bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material:
Provided, however, That as the term is used in section 2210(l) of this title, it shall include any such occurrence outside the United States:
And provided further, That as the term is used in section 2210(d) of this title, it shall include any such occurrence outside the United States if such occurrence involves source, special nuclear, or byproduct material owned by, and used by or under contract with, the United States:
And provided further, That as the term is used in section 2210(c) of this title, it shall include any such occurrence outside both the United States and any other nation if such occurrence arises out of or results from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material licensed pursuant to subchapters V, VI, VII, and IX of this division, which is used in connection with the operation of a licensed stationary production or utilization facility or which moves outside the territorial limits of the United States in transit from one person licensed by the Nuclear Regulatory Commission to another person licensed by the Nuclear Regulatory Commission.

     (r) The term ''operator'' means any individual who manipulates the controls of a utilization or production facility.

     (s) The term ''person'' means

     (1) any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, Government agency other than the Commission, any State or any political subdivision of, or any political entity within a State, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and
     (2) any legal successor, representative, agent, or agency of the foregoing.

     (t) The term ''person indemnified'' means

     (1) with respect to a nuclear incident occurring within the United States or outside the United States as the term is used in section 2210(c) of this title, and with respect to any nuclear incident in connection with the design, development, construction, operation, repair, maintenance, or use of the nuclear ship Savannah, the person with whom an indemnity agreement is executed or who is required to maintain financial protection, and any other person who may be liable for public liability or
     (2) with respect to any other nuclear incident occurring outside the United States, the person with whom an indemnity agreement is executed and any other person who may be liable for public liability by reason of his activities under any contract with the Secretary of Energy or any project to which indemnification under the provisions of section 2210(d) of this title has been extended or under any subcontract, purchase order, or other agreement, of any tier, under any such contract or project.

     (u) The term ''produce'', when used in relation to special nuclear material, means

     (1) to manufacture, make, produce, or refine special nuclear material;
     (2) to separate special nuclear material from other substances in which such material may be contained; or
     (3) to make or to produce new special nuclear material.

     (v) The term ''production facility'' means

     (1) any equipment or device determined by rule of the Commission to be capable of the production of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or
     (2) any important component part especially designed for such equipment or device as determined by the Commission. Except with respect to the export of a uranium enrichment production facility, such term as used in subchapters IX and XV of this division shall not include any equipment or device (or important component part especially designed for such equipment or device) capable of separating the isotopes of uranium or enriching uranium in the isotope 235.

     (w) The term ''public liability'' means any legal liability arising out of or resulting from a nuclear incident or precautionary evacuation (including all reasonable additional costs incurred by a State, or a political subdivision of a State, in the course of responding to a nuclear incident or a precautionary evacuation), except:

     (i) claims under State or Federal workmen's compensation acts of employees of persons indemnified who are employed at the site of and in connection with the activity where the nuclear incident occurs;
     (ii) claims arising out of an act of war; and
     (iii) whenever used in subsections (a), (c), and (k) of section 2210 of this title, claims for loss of, or damage to, or loss of use of property which is located at the site of and used in connection with the licensed activity where the nuclear incident occurs. ''Public liability'' also includes damage to property of persons indemnified: Provided, That such property is covered under the terms of the financial protection required, except property which is located at the site of and used in connection with the activity where the nuclear incident occurs.
Note: Should probably be (1), (2), and (3)

     (x) The term ''research and development'' means

     (1) theoretical analysis, exploration, or experimentation; or
     (2) the extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials, and processes.

     (y) The term ''Restricted Data'' means all data concerning

     (1) design, manufacture, or utilization of atomic weapons;
     (2) the production of special nuclear material; or
     (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to section 2162 of this title.

     (z) The term ''source material'' means

     (1) uranium, thorium, or any other material which is determined by the Commission pursuant to the provisions of section 2091 of this title to be source material; or
     (2) ores containing one or more of the foregoing materials, in such concentration as the Commission may by regulation determine from time to time.

     (aa) The term ''special nuclear material'' means

     (1) plutonium, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Commission, pursuant to the provisions of section 2071 of this title, determines to be special nuclear material, but does not include source material; or
     (2) any material artificially enriched by any of the foregoing, but does not include source material.

     (bb) The term ''United States'' when used in a geographical sense includes all territories and possessions of the United States, the Canal Zone and Puerto Rico.

     (cc) The term ''utilization facility'' means

     (1) any equipment or device, except an atomic weapon, determined by rule of the Commission to be capable of making use of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public, or peculiarly adapted for making use of atomic energy in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or
     (2) any important component part especially designed for such equipment or device as determined by the Commission.

     (dd) The terms ''high-level radioactive waste'' and ''spent nuclear fuel'' have the meanings given such terms in section 10101 of this title.

     (ee) The term ''transuranic waste'' means material contaminated with elements that have an atomic number greater than 92, including neptunium, plutonium, americium, and curium, and that are in concentrations greater than 10 nanocuries per gram, or in such other concentrations as the Nuclear Regulatory Commission may prescribe to protect the public health and safety.

     (ff) The term ''nuclear waste activities'', as used in section 2210 of this title, means activities subject to an agreement of indemnification under subsection (d) of such section, that the Secretary of Energy is authorized to undertake, under this chapter or any other law, involving the storage, handling, transportation, treatment, or disposal of, or research and development on, spent nuclear fuel, high-level radioactive waste, or transuranic waste, including (but not limited to) activities authorized to be carried out under the Waste Isolation Pilot Project under section 213 of Public Law 96-164 (93 Stat. 1265).

     (gg) The term ''precautionary evacuation'' means an evacuation of the public within a specified area near a nuclear facility, or the transportation route in the case of an accident involving transportation of source material, special nuclear material, byproduct material, high-level radioactive waste, spent nuclear fuel, or transuranic waste to or from a production or utilization facility, if the evacuation is -

     (1) the result of any event that is not classified as a nuclear incident but that poses imminent danger of bodily injury or property damage from the radiological properties of source material, special nuclear material, byproduct material, high-level radioactive waste, spent nuclear fuel, or transuranic waste, and causes an evacuation; and
     (2) initiated by an official of a State or a political subdivision of a State, who is authorized by State law to initiate such an evacuation and who reasonably determined that such an evacuation was necessary to protect the public health and safety.

     (hh) The term ''public liability action'', as used in section 2210 of this title, means any suit asserting public liability. A public liability action shall be deemed to be an action arising under section 2210 of this title, and the substantive rules for decision in such action shall be derived from the law of the State in which the nuclear incident involved occurs, unless such law is inconsistent with the provisions of such section.

     (jj) (FOOTNOTE 1) Legal Costs. - As used in section 2210 of this title, the term ''legal costs'' means the costs incurred by a plaintiff or a defendant in initiating, prosecuting, investigating, settling, or defending claims or suits for damage arising under such section.
(FOOTNOTE 1) So in original. No subsec. (ii) has been enacted.

various administrative details omitted

TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2021, 2021b, 2022, 2077, 2113, 2114, 2139, 2153b, 2201, 2204a, 2273, 2286g, 2291, 2296a-3, 7274j, 7383j, 7384l, 7384q, 7922, 10101 of this title;
title 10 section 801;
title 18 section 1030;
title 22 section 6305;
title 50 section 2471.

 42 USC Sec. 2284  Has Changes                                   01/02/01

TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER

Sec. 2284. Sabotage of nuclear facilities or fuel

(<-- Previous Changes)
     (a) Physical damage to facilities, etc.
Any person who intentionally and willfully destroys or causes physical damage to, or who intentionally and willfully attempts to destroy or cause physical damage to (Pat I)-

     (1) any production facility or utilization facility licensed under this chapter;
     (2) any nuclear waste storage facility licensed under this chapter;
     (3) any nuclear fuel for such a utilization facility, or any spent nuclear fuel from such a facility; or
     (4) any uranium enrichment facility licensed by the Nuclear Regulatory Commission, (FOOTNOTE 1)
(FOOTNOTE 1) So in original. The period probably should be a semicolon.

or attempts or conspires to do such an act, shall be fined not more than $10,000 or imprisoned for not more than ten 20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life.

     (b) Unauthorized use or tampering with facilities, etc.
Any person who intentionally and willfully causes or attempts to cause (Pat I) an interruption of normal operation of any such facility through the unauthorized use of or tampering with the machinery, components, or controls of any such facility, or attempts or conspires to do such an act, shall be fined not more than $10,000 or imprisoned for not more than ten 20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 18 sections 2332b, 2516.

 42 USC Sec. 3796h  Has Changes                                        01/02/01

TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT
SUBCHAPTER XII-A - REGIONAL INFORMATION SHARING SYSTEMS

Sec. 3796h. Regional information sharing systems grants

     (a) Authority of Director
The Director of the Bureau of Justice Assistance is authorized to make grants and enter into contracts with State and local criminal justice agencies and nonprofit organizations for the purposes of identifying, targeting, and removing criminal conspiracies and activities and terrorist conspiracies and activities spanning jurisdictional boundaries.

     (b) Purposes
Grants and contracts awarded under this subchapter shall be made for -

     (1) maintaining and operating information sharing systems that are responsive to the needs of participating enforcement agencies in addressing multijurisdictional offenses and conspiracies, and that are capable of providing controlling input, dissemination, rapid retrieval, and systematized updating of information to authorized agencies;
     (2) establishing and operating an analytical component to assist participating agencies and projects in the compilation, interpretation, and presentation of information provided to a project;
     (3) establishing and maintaining a telecommunication of the information sharing and analytical programs in clauses (1) and (2); and
     (4) establishing and operating secure information sharing systems to enhance the investigation and prosecution abilities of participating enforcement agencies in addressing multi-jurisdictional terrorist conspiracies and activities; and
     (4)(5) other programs designated by the Director that are designed to further the purposes of this subchapter.

     (c) Rules and regulations
The Director is authorized to promulgate such rules and regulations as are necessary to carry out the purposes of this section, including rules and regulations for submitting and reviewing applications.

     (d) AUTHORIZATION OF APPROPRIATION TO THE BUREAU OF JUSTICE ASSISTANCE- There are authorized to be appropriated to the Bureau of Justice Assistance to carry out this section $50,000,000 for fiscal year 2002 and $100,000,000 for fiscal year 2003.
(Next Changes->)

administrative details omitted

 42 USC Sec. 7412  Has Changes                                        01/02/01

TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part A - Air Quality and Emission Limitations

Sec. 7412. Hazardous air pollutants

(a) - (q) omitted

     (r) Prevention of accidental releases

     (1) Purpose and general duty
It shall be the objective of the regulations and programs authorized under this subsection to prevent the accidental release and to minimize the consequences of any such release of any substance listed pursuant to paragraph (3) or any other extremely hazardous substance. The owners and operators of stationary sources producing, processing, handling or storing such substances have a general duty in the same manner and to the same extent as section 654 of title 29 to identify hazards which may result from such releases using appropriate hazard assessment techniques, to design and maintain a safe facility taking such steps as are necessary to prevent releases, and to minimize the consequences of accidental releases which do occur. For purposes of this paragraph, the provisions of section 7604 of this title shall not be available to any person or otherwise be construed to be applicable to this paragraph. Nothing in this section shall be interpreted, construed, implied or applied to create any liability or basis for suit for compensation for bodily injury or any other injury or property damages to any person which may result from accidental releases of such substances.
     (2) Definitions

     (A) The term ''accidental release'' means an unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source.
     (B) The term ''regulated substance'' means a substance listed under paragraph (3).
     (C) The term ''stationary source'' means any buildings, structures, equipment, installations or substance emitting stationary activities

     (i) which belong to the same industrial group,
     (ii) which are located on one or more contiguous properties,
     (iii) which are under the control of the same person (or persons under common control), and
     (iv) from which an accidental release may occur.

     (D) The term ''retail facility'' means a stationary source at which more than one-half of the income is obtained from direct sales to end users or at which more than one-half of the fuel sold, by volume, is sold through a cylinder exchange program.

     (3) List of substances
The Administrator shall promulgate not later than 24 months after November 15, 1990, an initial list of 100 substances which, in the case of an accidental release, are known to cause or may reasonably be anticipated to cause death, injury, or serious adverse effects to human health or the environment. For purposes of promulgating such list, the Administrator shall use, but is not limited to, the list of extremely hazardous substances published under the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001 et seq.), with such modifications as the Administrator deems appropriate. The initial list shall include

chlorine,
anhydrous ammonia,
methyl chloride,
ethylene oxide,
vinyl chloride,
methyl isocyanate,
hydrogen cyanide,
ammonia,
hydrogen sulfide,
toluene diisocyanate,
phosgene,
bromine,
anhydrous hydrogen chloride,
hydrogen fluoride,
anhydrous sulfur dioxide, and
sulfur trioxide.

     The initial list shall include at least 100 substances which pose the greatest risk of causing death, injury, or serious adverse effects to human health or the environment from accidental releases. Regulations establishing the list shall include an explanation of the basis for establishing the list. The list may be revised from time to time by the Administrator on the Administrator's own motion or by petition and shall be reviewed at least every 5 years.
     No air pollutant for which a national primary ambient air quality standard has been established shall be included on any such list.
     No substance, practice, process, or activity regulated under subchapter VI of this chapter shall be subject to regulations under this subsection.
     The Administrator shall establish procedures for the addition and deletion of substances from the list established under this paragraph consistent with those applicable to the list in subsection (b) of this section.

     (4) Factors to be considered
In listing substances under paragraph (3), the Administrator -

     (A) shall consider -

     (i) the severity of any acute adverse health effects associated with accidental releases of the substance;
     (ii) the likelihood of accidental releases of the substance; and
     (iii) the potential magnitude of human exposure to accidental releases of the substance; and

     (B) shall not list a flammable substance when used as a fuel or held for sale as a fuel at a retail facility under this subsection solely because of the explosive or flammable properties of the substance, unless a fire or explosion caused by the substance will result in acute adverse health effects from human exposure to the substance, including the unburned fuel or its combustion byproducts, other than those caused by the heat of the fire or impact of the explosion.

     (5) Threshold quantity
At the time any substance is listed pursuant to paragraph (3), the Administrator shall establish by rule, a threshold quantity for the substance, taking into account the toxicity, reactivity, volatility, dispersibility, combustibility, or flammability of the substance and the amount of the substance which, as a result of an accidental release, is known to cause or may reasonably be anticipated to cause death, injury or serious adverse effects to human health for which the substance was listed. The Administrator is authorized to establish a greater threshold quantity for, or to exempt entirely, any substance that is a nutrient used in agriculture when held by a farmer.
     (6) Chemical Safety Board

     (A) There is hereby established an independent safety board to be known as the Chemical Safety and Hazard Investigation Board.
     (B) The Board shall consist of 5 members, including a Chairperson, who shall be appointed by the President, by and with the advice and consent of the Senate. Members of the Board shall be appointed on the basis of technical qualification, professional standing, and demonstrated knowledge in the fields of accident reconstruction, safety engineering, human factors, toxicology, or air pollution regulation. The terms of office of members of the Board shall be 5 years. Any member of the Board, including the Chairperson, may be removed for inefficiency, neglect of duty, or malfeasance in office. The Chairperson shall be the Chief Executive Officer of the Board and shall exercise the executive and administrative functions of the Board.
     (C) The Board shall -

     (i) investigate (or cause to be investigated), determine and report to the public in writing the facts, conditions, and circumstances and the cause or probable cause of any accidental release resulting in a fatality, serious injury or substantial property damages;
     (ii) issue periodic reports to the Congress, Federal, State and local agencies, including the Environmental Protection Agency and the Occupational Safety and Health Administration, concerned with the safety of chemical production, processing, handling and storage, and other interested persons recommending measures to reduce the likelihood or the consequences of accidental releases and proposing corrective steps to make chemical production, processing, handling and storage as safe and free from risk of injury as is possible and may include in such reports proposed rules or orders which should be issued by the Administrator under the authority of this section or the Secretary of Labor under the Occupational Safety and Health Act (29 U.S.C. 651 et seq.) to prevent or minimize the consequences of any release of substances that may cause death, injury or other serious adverse effects on human health or substantial property damage as the result of an accidental release; and
     (iii) establish by regulation requirements binding on persons for reporting accidental releases into the ambient air subject to the Board's investigatory jurisdiction. Reporting releases to the National Response Center, in lieu of the Board directly, shall satisfy such regulations. The National Response Center shall promptly notify the Board of any releases which are within the Board's jurisdiction.

     (D) The Board may utilize the expertise and experience of other agencies.
     (E) The Board shall coordinate its activities with investigations and studies conducted by other agencies of the United States having a responsibility to protect public health and safety.
     The Board shall enter into a memorandum of understanding with the National Transportation Safety Board to assure coordination of functions and to limit duplication of activities which shall designate the National Transportation Safety Board as the lead agency for the investigation of releases which are transportation related.
     The Board shall not be authorized to investigate marine oil spills, which the National Transportation Safety Board is authorized to investigate.
     The Board shall enter into a memorandum of understanding with the Occupational Safety and Health Administration so as to limit duplication of activities.
     In no event shall the Board forego an investigation where an accidental release causes a fatality or serious injury among the general public, or had the potential to cause substantial property damage or a number of deaths or injuries among the general public.
     (F) The Board is authorized to conduct research and studies with respect to the potential for accidental releases, whether or not an accidental release has occurred, where there is evidence which indicates the presence of a potential hazard or hazards. To the extent practicable, the Board shall conduct such studies in cooperation with other Federal agencies having emergency response authorities, State and local governmental agencies and associations and organizations from the industrial, commercial, and nonprofit sectors.
     (G) No part of the conclusions, findings, or recommendations of the Board relating to any accidental release or the investigation thereof shall be admitted as evidence or used in any action or suit for damages arising out of any matter mentioned in such report.
     (H) Not later than 18 months after November 15, 1990, the Board shall publish a report accompanied by recommendations to the Administrator on the use of hazard assessments in preventing the occurrence and minimizing the consequences of accidental releases of extremely hazardous substances. The recommendations shall include a list of extremely hazardous substances which are not regulated substances (including threshold quantities for such substances) and categories of stationary sources for which hazard assessments would be an appropriate measure to aid in the prevention of accidental releases and to minimize the consequences of those releases that do occur.
     The recommendations shall also include a description of the information and analysis which would be appropriate to include in any hazard assessment.
     The Board shall also make recommendations with respect to the role of risk management plans as required by paragraph (8)(B) (FOOTNOTE 4) in preventing accidental releases. The Board may from time to time review and revise its recommendations under this subparagraph.
(FOOTNOTE 4) So in original. Probably should be paragraph ''(7)(B)''.
     (I) Whenever the Board submits a recommendation with respect to accidental releases to the Administrator, the Administrator shall respond to such recommendation formally and in writing not later than 180 days after receipt thereof. The response to the Board's recommendation by the Administrator shall indicate whether the Administrator will -

     (i) initiate a rulemaking or issue such orders as are necessary to implement the recommendation in full or in part, pursuant to any timetable contained in the recommendation;
     (ii) decline to initiate a rulemaking or issue orders as recommended.
     Any determination by the Administrator not to implement a recommendation of the Board or to implement a recommendation only in part, including any variation from the schedule contained in the recommendation, shall be accompanied by a statement from the Administrator setting forth the reasons for such determination.

     (J) The Board may make recommendations with respect to accidental releases to the Secretary of Labor. Whenever the Board submits such recommendation, the Secretary shall respond to such recommendation formally and in writing not later than 180 days after receipt thereof. The response to the Board's recommendation by the Administrator shall indicate whether the Secretary will -

     (i) initiate a rulemaking or issue such orders as are necessary to implement the recommendation in full or in part, pursuant to any timetable contained in the recommendation;
     (ii) decline to initiate a rulemaking or issue orders as recommended.
     Any determination by the Secretary not to implement a recommendation or to implement a recommendation only in part, including any variation from the schedule contained in the recommendation, shall be accompanied by a statement from the Secretary setting forth the reasons for such determination.

     (K) Within 2 years after November 15, 1990, the Board shall issue a report to the Administrator of the Environmental Protection Agency and to the Administrator of the Occupational Safety and Health Administration recommending the adoption of regulations for the preparation of risk management plans and general requirements for the prevention of accidental releases of regulated substances into the ambient air (including recommendations for listing substances under paragraph (3)) and for the mitigation of the potential adverse effect on human health or the environment as a result of accidental releases which should be applicable to any stationary source handling any regulated substance in more than threshold amounts.
     The Board may include proposed rules or orders which should be issued by the Administrator under authority of this subsection or by the Secretary of Labor under the Occupational Safety and Health Act (29 U.S.C. 651 et seq.). Any such recommendations shall be specific and shall identify the regulated substance or class of regulated substances (or other substances) to which the recommendations apply. The Administrator shall consider such recommendations before promulgating regulations required by paragraph (7)(B).
     (L) The Board, or upon authority of the Board, any member thereof, any administrative law judge employed by or assigned to the Board, or any officer or employee duly designated by the Board, may for the purpose of carrying out duties authorized by subparagraph (C) -

     (i) hold such hearings, sit and act at such times and places, administer such oaths, and require by subpoena or otherwise attendance and testimony of such witnesses and the production of evidence and may require by order that any person engaged in the production, processing, handling, or storage of extremely hazardous substances submit written reports and responses to requests and questions within such time and in such form as the Board may require; and
     (ii) upon presenting appropriate credentials and a written notice of inspection authority, enter any property where an accidental release causing a fatality, serious injury or substantial property damage has occurred and do all things therein necessary for a proper investigation pursuant to subparagraph (C) and inspect at reasonable times records, files, papers, processes, controls, and facilities and take such samples as are relevant to such investigation.

     Whenever the Administrator or the Board conducts an inspection of a facility pursuant to this subsection, employees and their representatives shall have the same rights to participate in such inspections as provided in the Occupational Safety and Health Act (29 U.S.C. 651 et seq.).

     (M) In addition to that described in subparagraph (L), the Board may use any information gathering authority of the Administrator under this chapter, including the subpoena power provided in section 7607(a)(1) of this title.
     (N) The Board is authorized to establish such procedural and administrative rules as are necessary to the exercise of its functions and duties. The Board is authorized without regard to section 5 of title 41 to enter into contracts, leases, cooperative agreements or other transactions as may be necessary in the conduct of the duties and functions of the Board with any other agency, institution, or person.
     (O) After the effective date of any reporting requirement promulgated pursuant to subparagraph (C)(iii) it shall be unlawful for any person to fail to report any release of any extremely hazardous substance as required by such subparagraph. The Administrator is authorized to enforce any regulation or requirements established by the Board pursuant to subparagraph (C)(iii) using the authorities of sections 7413 and 7414 of this title. Any request for information from the owner or operator of a stationary source made by the Board or by the Administrator under this section shall be treated, for purposes of sections 7413, 7414, 7416, 7420, 7603, 7604 and 7607 of this title and any other enforcement provisions of this chapter, as a request made by the Administrator under section 7414 of this title and may be enforced by the Chairperson of the Board or by the Administrator as provided in such section.
     (P) The Administrator shall provide to the Board such support and facilities as may be necessary for operation of the Board.
     (Q) Consistent with subsection (FOOTNOTE 5) (G) and section 7414(c) of this title any records, reports or information obtained by the Board shall be available to the Administrator, the Secretary of Labor, the Congress and the public, except that upon a showing satisfactory to the Board by any person that records, reports, or information, or particular part thereof (other than release or emissions data) to which the Board has access, if made public, is likely to cause substantial harm to the person's competitive position, the Board shall consider such record, report, or information or particular portion thereof confidential in accordance with section 1905 of title 18, except that such record, report, or information may be disclosed to other officers, employees, and authorized representatives of the United States concerned with carrying out this chapter or when relevant under any proceeding under this chapter. This subparagraph does not constitute authority to withhold records, reports, or information from the Congress.
(FOOTNOTE 5) So in original. Probably should be ''subparagraph''.
     (R) Whenever the Board submits or transmits any budget estimate, budget request, supplemental budget request, or other budget information, legislative recommendation, prepared testimony for congressional hearings, recommendation or study to the President, the Secretary of Labor, the Administrator, or the Director of the Office of Management and Budget, it shall concurrently transmit a copy thereof to the Congress. No report of the Board shall be subject to review by the Administrator or any Federal agency or to judicial review in any court. No officer or agency of the United States shall have authority to require the Board to submit its budget requests or estimates, legislative recommendations, prepared testimony, comments, recommendations or reports to any officer or agency of the United States for approval or review prior to the submission of such recommendations, testimony, comments or reports to the Congress. In the performance of their functions as established by this chapter, the members, officers and employees of the Board shall not be responsible to or subject to supervision or direction, in carrying out any duties under this subsection, of any officer or employee or agent of the Environmental Protection Agency, the Department of Labor or any other agency of the United States except that the President may remove any member, officer or employee of the Board for inefficiency, neglect of duty or malfeasance in office. Nothing in this section shall affect the application of title 5 to officers or employees of the Board.
     (S) The Board shall submit an annual report to the President and to the Congress which shall include, but not be limited to, information on accidental releases which have been investigated by or reported to the Board during the previous year, recommendations for legislative or administrative action which the Board has made, the actions which have been taken by the Administrator or the Secretary of Labor or the heads of other agencies to implement such recommendations, an identification of priorities for study and investigation in the succeeding year, progress in the development of risk-reduction technologies and the response to and implementation of significant research findings on chemical safety in the public and private sector.

     (7) Accident prevention

     (A) In order to prevent accidental releases of regulated substances, the Administrator is authorized to promulgate release prevention, detection, and correction requirements which may include monitoring, record-keeping, reporting, training, vapor recovery, secondary containment, and other design, equipment, work practice, and operational requirements. Regulations promulgated under this paragraph may make distinctions between various types, classes, and kinds of facilities, devices and systems taking into consideration factors including, but not limited to, the size, location, process, process controls, quantity of substances handled, potency of substances, and response capabilities present at any stationary source. Regulations promulgated pursuant to this subparagraph shall have an effective date, as determined by the Administrator, assuring compliance as expeditiously as practicable.
     (B)

     (i) Within 3 years after November 15, 1990, the Administrator shall promulgate reasonable regulations and appropriate guidance to provide, to the greatest extent practicable, for the prevention and detection of accidental releases of regulated substances and for response to such releases by the owners or operators of the sources of such releases. The Administrator shall utilize the expertise of the Secretaries of Transportation and Labor in promulgating such regulations.
     As appropriate, such regulations shall cover the use, operation, repair, replacement, and maintenance of equipment to monitor, detect, inspect, and control such releases, including training of persons in the use and maintenance of such equipment and in the conduct of periodic inspections.
     The regulations shall include procedures and measures for emergency response after an accidental release of a regulated substance in order to protect human health and the environment.
     The regulations shall cover storage, as well as operations. The regulations shall, as appropriate, recognize differences in size, operations, processes, class and categories of sources and the voluntary actions of such sources to prevent such releases and respond to such releases. The regulations shall be applicable to a stationary source 3 years after the date of promulgation, or 3 years after the date on which a regulated substance present at the source in more than threshold amounts is first listed under paragraph (3), whichever is later.
     (ii) The regulations under this subparagraph shall require the owner or operator of stationary sources at which a regulated substance is present in more than a threshold quantity to prepare and implement a risk management plan to detect and prevent or minimize accidental releases of such substances from the stationary source, and to provide a prompt emergency response to any such releases in order to protect human health and the environment. Such plan shall provide for compliance with the requirements of this subsection and shall also include each of the following:

     (I) a hazard assessment to assess the potential effects of an accidental release of any regulated substance. This assessment shall include an estimate of potential release quantities and a determination of downwind effects, including potential exposures to affected populations. Such assessment shall include a previous release history of the past 5 years, including the size, concentration, and duration of releases, and shall include an evaluation of worst case accidental releases;
     (II) a program for preventing accidental releases of regulated substances, including safety precautions and maintenance, monitoring and employee training measures to be used at the source; and
     (III) a response program providing for specific actions to be taken in response to an accidental release of a regulated substance so as to protect human health and the environment, including procedures for informing the public and local agencies responsible for responding to accidental releases, emergency health care, and employee training measures. At the time regulations are promulgated under this subparagraph, the Administrator shall promulgate guidelines to assist stationary sources in the preparation of risk management plans. The guidelines shall, to the extent practicable, include model risk management plans.

     (iii) The owner or operator of each stationary source covered by clause (ii) shall register a risk management plan prepared under this subparagraph with the Administrator before the effective date of regulations under clause (i) in such form and manner as the Administrator shall, by rule, require. Plans prepared pursuant to this subparagraph shall also be submitted to the Chemical Safety and Hazard Investigation Board, to the State in which the stationary source is located, and to any local agency or entity having responsibility for planning for or responding to accidental releases which may occur at such source, and shall be available to the public under section 7414(c) of this title. The Administrator shall establish, by rule, an auditing system to regularly review and, if necessary, require revision in risk management plans to assure that the plans comply with this subparagraph. Each such plan shall be updated periodically as required by the Administrator, by rule.

     (C) Any regulations promulgated pursuant to this subsection shall to the maximum extent practicable, consistent with this subsection, be consistent with the recommendations and standards established by the American Society of Mechanical Engineers (ASME), the American National Standards Institute (ANSI) or the American Society of Testing Materials (ASTM). The Administrator shall take into consideration the concerns of small business in promulgating regulations under this subsection.
     (D) In carrying out the authority of this paragraph, the Administrator shall consult with the Secretary of Labor and the Secretary of Transportation and shall coordinate any requirements under this paragraph with any requirements established for comparable purposes by the Occupational Safety and Health Administration or the Department of Transportation. Nothing in this subsection shall be interpreted, construed or applied to impose requirements affecting, or to grant the Administrator, the Chemical Safety and Hazard Investigation Board, or any other agency any authority to regulate (including requirements for hazard assessment), the accidental release of radionuclides arising from the construction and operation of facilities licensed by the Nuclear Regulatory Commission.
     (E) After the effective date of any regulation or requirement imposed under this subsection, it shall be unlawful for any person to operate any stationary source subject to such regulation or requirement in violation of such regulation or requirement. Each regulation or requirement under this subsection shall for purposes of sections 7413, 7414, 7416, 7420, 7604, and 7607 of this title and other enforcement provisions of this chapter, be treated as a standard in effect under subsection (d) of this section.
     (F) Notwithstanding the provisions of subchapter V of this chapter or this section, no stationary source shall be required to apply for, or operate pursuant to, a permit issued under such subchapter solely because such source is subject to regulations or requirements under this subsection.
     (G) In exercising any authority under this subsection, the Administrator shall not, for purposes of section 653(b)(1) of title 29, be deemed to be exercising statutory authority to prescribe or enforce standards or regulations affecting occupational safety and health.
(<-- Previous Changes)
(<-- Previous Patriot II Changes)
     (H) Public access to off-site consequence analysis information. -

     (i) Definitions. - In this subparagraph:

     (I) Covered person. - The term ''covered person'' means -

     (aa) an officer or employee of the United States;
     (bb) an officer or employee of an agent or contractor of the Federal Government;
     (cc) an officer or employee of a State or local government;
     (dd) an officer or employee of an agent or contractor of a State or local government;
     (ee) an individual affiliated with an entity that has been given, by a State or local government, responsibility for preventing, planning for, or responding to accidental releases;
     (ff) an officer or employee or an agent or contractor of an entity described in item (ee); and
     (gg) a qualified researcher under clause (vii).

     (II) Official use. - The term ''official use'' means an action of a Federal, State, or local government agency or an entity referred to in subclause (I)(ee) intended to carry out a function relevant to preventing, planning for, or responding to accidental releases.
     (III) Off-site consequence analysis information. -
The term ''off-site consequence analysis information'' means those portions of a risk management plan, excluding the executive summary of the plan, consisting of an evaluation of 1 or more worst-case release scenarios or alternative release scenarios, and any electronic data base created by the Administrator from those portions.
     (IV) Risk management plan. -
The term ''risk management plan'' means a risk management plan submitted to the Administrator by an owner or operator of a stationary source under subparagraph (B)(iii).

     (ii) Regulations. - Not later than 1 year after August 5, 1999, the President shall -

     (I) assess -

     (aa) the increased risk of terrorist and other criminal activity associated with the posting of off-site consequence analysis information on the Internet; and
     (bb) the incentives created by public disclosure of off-site consequence analysis information for reduction in the risk of accidental releases; and

     (II) based on the assessment under subclause (I), promulgate regulations governing the distribution of off-site consequence analysis information in a manner that, in the opinion of the President, minimizes the likelihood of accidental releases and the risk described in subclause (I)(aa) and the likelihood of harm to public health and welfare, and -

     (aa) allows access by any member of the public to paper copies of off-site consequence analysis information for a limited number of stationary sources located anywhere in the United States, without any geographical restriction;
     (bb) allows other public access to off-site consequence analysis information as appropriate;
     (cc) allows access for official use by a covered person described in any of items (cc) through (ff) of clause (i)(I) (referred to in this subclause as a ''State or local covered person'') to off-site consequence analysis information relating to stationary sources located in the person's State;
     (dd) allows a State or local covered person to provide, for official use, off-site consequence analysis information relating to stationary sources located in the person's State to a State or local covered person in a contiguous State; and
     (ee) allows a State or local covered person to obtain for official use, by request to the Administrator, off-site consequence analysis information that is not available to the person under item (cc).

     (iii) Availability under freedom of information act. -

     (I) First year. - Off-site consequence analysis information, and any ranking of stationary sources derived from the information, shall not be made available under section 552 of title 5 during the 1-year period beginning on August 5, 1999.
     (II) After first year. - If the regulations under clause (ii) are promulgated on or before the end of the period described in subclause (I), off-site consequence analysis information covered by the regulations, and any ranking of stationary sources derived from the information, shall not be made available under section 552 of title 5 after the end of that period.
     (III) Applicability. - Subclauses (I) and (II) apply to off-site consequence analysis information submitted to the Administrator before, on, or after August 5, 1999.

     (iv) Availability of information during transition period. -
The Administrator shall make off-site consequence analysis information available to covered persons for official use in a manner that meets the requirements of items (cc) through (ee) of clause (ii)(II), and to the public in a form that does not make available any information concerning the identity or location of stationary sources, during the period -

     (I) beginning on August 5, 1999; and
     (II) ending on the earlier of the date of promulgation of the regulations under clause (ii) or the date that is 1 year after August 5, 1999.

     (v) Prohibition on unauthorized disclosure of information by covered persons. -

     (I) In general. - Beginning on August 5, 1999, a covered person shall not disclose to the public off-site consequence analysis information in any form, or any statewide or national ranking of identified stationary sources derived from such information, except as authorized by this subparagraph (including the regulations promulgated under clause (ii)). After the end of the 1-year period beginning on August 5, 1999, if regulations have not been promulgated under clause (ii), the preceding sentence shall not apply.
     (II) Criminal penalties. - Notwithstanding section 7413 of this title, a covered person that willfully violates a restriction or prohibition established by this subparagraph (including the regulations promulgated under clause (ii)) shall, upon conviction, be fined for an infraction under section 3571 of title 18 (but shall not be subject to imprisonment) for each unauthorized disclosure of off-site consequence analysis information, except that subsection (d) of such section 3571 shall not apply to a case in which the offense results in pecuniary (money) loss unless the defendant knew that such loss would occur. The disclosure of off-site consequence analysis information for each specific stationary source shall be considered a separate offense. The total of all penalties that may be imposed on a single person or organization under this item shall not exceed $1,000,000 for violations committed during any 1 calendar year.
     (III) Applicability. - If the owner or operator of a stationary source makes off-site consequence analysis information relating to that stationary source available to the public without restriction -

     (aa) subclauses (I) and (II) shall not apply with respect to the information; and
     (bb) the owner or operator shall notify the Administrator of the public availability of the information.

     (IV) List. - The Administrator shall maintain and make publicly available a list of all stationary sources that have provided notification under subclause (III)(bb).

     (vi) Notice. - The Administrator shall provide notice of the definition of official use as provided in clause (i)(III) and examples of actions that would and would not meet that definition, and notice of the restrictions on further dissemination and the penalties established by this chapter to each covered person who receives off-site consequence analysis information under clause (iv) and each covered person who receives off-site consequence analysis information for an official use under the regulations promulgated under clause (ii).
     (vii) Qualified researchers. -

     (I) In general. - Not later than 180 days after August 5, 1999, the Administrator, in consultation with the Attorney General, shall develop and implement a system for providing off-site consequence analysis information, including facility identification, to any qualified researcher, including a qualified researcher from industry or any public interest group.
     (II) Limitation on dissemination. - The system shall not allow the researcher to disseminate, or make available on the Internet, the off-site consequence analysis information, or any portion of the off-site consequence analysis information, received under this clause.

     (viii) Read-only information technology system. -
In consultation with the Attorney General and the heads of other appropriate Federal agencies, the Administrator shall establish an information technology system that provides for the availability to the public of off-site consequence analysis information by means of a central data base under the control of the Federal Government that contains information that users may read, but that provides no means by which an electronic or mechanical copy of the information may be made.
     (ix) Voluntary industry accident prevention standards. -
The Environmental Protection Agency, the Department of Justice, and other appropriate agencies may provide technical assistance to owners and operators of stationary sources and participate in the development of voluntary industry standards that will help achieve the objectives set forth in paragraph (1).
     (x) Effect on state or local law. -

     (I) In general. - Subject to subclause (II), this subparagraph (including the regulations promulgated under this subparagraph) shall supersede any provision of State or local law that is inconsistent with this subparagraph (including the regulations).
     (II) Availability of information under state law. - Nothing in this subparagraph precludes a State from making available data on the off-site consequences of chemical releases collected in accordance with State law.

     (xi) Report. -

     (I) In general. - Not later than 3 years after August 5, 1999, the Attorney General, in consultation with appropriate State, local, and Federal Government agencies, affected industry, and the public, shall submit to Congress a report that describes the extent to which regulations promulgated under this paragraph have resulted in actions, including the design and maintenance of safe facilities, that are effective in detecting, preventing, and minimizing the consequences of releases of regulated substances that may be caused by criminal activity. As part of this report, the Attorney General, using available data to the extent possible, and a sampling of covered stationary sources selected at the discretion of the Attorney General, and in consultation with appropriate State, local, and Federal governmental agencies, affected industry, and the public, shall review the vulnerability of covered stationary sources to criminal and terrorist activity, current industry practices regarding site security, and security of transportation of regulated substances. The Attorney General shall submit this report, containing the results of the review, together with recommendations, if any, for reducing vulnerability of covered stationary sources to criminal and terrorist activity, to the Committee on Commerce of the United States House of Representatives and the Committee on Environment and Public Works of the United States Senate and other relevant committees of Congress.
     (II) Interim report. - Not later than 12 months after August 5, 1999, the Attorney General shall submit to the Committee on Commerce of the United States House of Representatives and the Committee on Environment and Public Works of the United States Senate, and other relevant committees of Congress, an interim report that includes, at a minimum -

     (aa) the preliminary findings under subclause (I);
     (bb) the methods used to develop the findings; and
     (cc) an explanation of the activities expected to occur that could cause the findings of the report under subclause (I) to be different than the preliminary findings.

     (III) Availability of information. - Information that is developed by the Attorney General or requested by the Attorney General and received from a covered stationary source for the purpose of conducting the review under subclauses (I) and (II) shall be exempt from disclosure under section 552 of title 5 if such information would pose a threat to national security.

     (xii) Scope. - This subparagraph -

     (I) applies only to covered persons; and
     (II) does not restrict the dissemination of off-site consequence analysis information by any covered person in any manner or form except in the form of a risk management plan or an electronic data base created by the Administrator from off-site consequence analysis information.

     (xiii) Authorization of appropriations. - There are authorized to be appropriated to the Administrator and the Attorney General such sums as are necessary to carry out this subparagraph (including the regulations promulgated under clause (ii)), to remain available until expended.

     Entire subparagraph (H) is eliminated by Patriot II, which proposes the following instead:

     (H) ACCESS TO OFF-SITE CONSEQUENCE ANALYSIS INFORMATION --

     (i) DEFINITIONS -- In this subparagraph:

     (I) CRIMINAL RELEASE -- The term 'criminal release' means an emission of a regulated substance into the ambient air from a stationary source that is caused, in whole or in part, by a criminal act.
     (II) DISTANCE TO ENDPOINT -- The term 'distance to endpoint' means the radius of the area of an accidental release or a criminal release.
     (III) MEMBER OF THE PUBLIC -- The term 'member of the public' means --

     (aa) an individual who is not an official user; and
     (bb) an official user who is not carrying out an official use.

     (IV) OFFICIAL USE -- The term 'official use' means an action of a Federal, State, or local government agency, or an entity referred to in subclause (V)(ee), that is intended to carry out a function necessary to prevent, plan for, or respond to an accidental release or a criminal release.
     (V) OFFICIAL USER- The term 'official user' means

     (aa) an officer or employee of the United States;
     (bb) an officer or employee of an agent or contractor of the United States;
     (cc) an officer or employee of a State or local government;
     (dd) an officer or employee of an agent or contractor of a State or local government; and
     (ee) an officer or employee or an agent or contractor of an entity that has been given, by a State or local government, responsibility for preventing, planning for, or responding to accidental releases or criminal releases.

     (VI) OFF-SITE CONSEQUENCE ANALYSIS INFORMATION --
The term 'off-site consequence analysis information' means

     (aa) any information in a risk management plan, including in the executive summary of the plan, that consists of, identifies, or describes or identifies, with respect to a worst-case or alternative release scenario for a toxic release or flammable release

     (AA) the name, physical state, or concentration of a chemical;
     (BB) the quantity released, release rate, or duration of the release;
     (CC) the topography, whether urban or rural;
     (DD) the distance to endpoint;
     (EE) the estimated residential population, public receptors, or environmental receptors within the distance to endpoint;
     (FF) any map or other graphic depiction used to illustrate a scenario; and
     (GG) the prevention program designed to prevent or mitigate the release; and

     (bb) any information derived from the information described in item (aa) (including any statewide or national ranking of stationary sources derived from the information described in item (aa)) that is not publicly available from a source other than a risk management plan.

     (VII) READ-ONLY ACCESS -The term 'read-only access' means access that --

     (aa) allows the reading of information; but
     (bb) does not allow removal, mechanical reproduction, or other duplication (including notetaking) of information.

     (VIII) RISK MANAGEMENT PLAN -- The term 'risk management plan' means a risk management plan registered with the Administrator by an owner or operator of a stationary source under subparagraph (B)(iii).

     (IX) STATE OR LOCAL OFFICIAL USER -- The term 'State or local official user' means an official user described in any of items (cc) through (ee) of subclause (V).

     (ii) AVAILABILITY UNDER FREEDOM OF INFORMATION ACT --

     (I) IN GENERAL -- Off-site consequence analysis information shall not be made available under section 552 of title 5, United States Code.
     (II) APPLICABILITY -- Subclause (VI) applies to off-site consequence analysis information obtained or developed by the Administrator before, on, or after the date of enactment of this subparagraph.

     (iii) ACCESS BY MEMBERS OF THE PUBLIC TO OFF-SITE CONSEQUENCE ANALYSIS INFORMATION --
Except as provided in this clause, notwithstanding any other provision of law, no member of the public shall have access to offsite consequence analysis information. The Administrator, in consultation with the Attorney General, shall establish procedures to allow a member of the public read-only access to offsite consequence analysis information that does not disclose the identity or location of any facility or any information from which the identity or location of any facility could be deduced.

     (iv) ACCESS BY STATE OR LOCAL OFFICIAL USERS TO OFF-SITE CONSEQUENCE ANALYSIS INFORMATION --
The Administrator shall allow access by a State or local official user, for official use, to off-site consequence analysis information relating to stationary sources located in the  State or local official user's State or in a contiguous State, or in any case where the off-site consequence analysis indicates that release would require, under existing mutual aid agreements, a response by that State or local jurisdiction.

     (v) PROHIBITION ON DISCLOSURE BY OFFICIAL USERS

     (I) IN GENERAL

     (aa) PROHIBITION -- No official user shall knowingly disclose off-site consequence analysis information in any form to any member of the public, except to the extent that such disclosure is for official use or is otherwise authorized under this subparagraph.
     (bb) EXTENT OF DISCLOSURE FOR OFFICIAL USE --
Under item (aa), an official user may disclose for official use only the quantity of off-site consequence analysis information that is necessary for the purpose of preventing, planning for, or responding to accidental releases or criminal releases.

     (II) CRIMINAL PENALTIES -- Notwithstanding section 113, a violation of subclause (I) shall be punished as a Class A misdemeanor under section 3559 of title 18, United States Code.
     (III) NOTICE -- The Administrator shall provide to each official user who receives off-site consequence analysis information --

     (aa) notice of the definition of official use and examples of actions that do and actions that do not fall within that definition; and
     (bb) notice of the prohibition established by subclause (I) and the penalties established by subclause (II).

     (vi) EFFECT ON STATE OR LOCAL LAW

     (I) IN GENERAL -- Subject to subclause (II), this subparagraph supersedes any provision of State or local law that is inconsistent with this subparagraph.
     (II) AVAILABILITY OF INFORMATION UNDER STATE LAW
Nothing in this subparagraph precludes a State from making available data on the off-site consequences of chemical releases collected in accordance with State law.

     (N) AVAILABILITY OF INFORMATION- Information that is developed by the Attorney General, or requested by the Attorney General and received from a covered stationary source, for the purpose of preparing the report or conducting the review under this clause, shall not be disclosed or released under the Freedom of Information Act (5 U. S.C. 552). Note: Should this be (III)?

     (vii) AUTHORIZATION OF APPROPRIATIONS -- There are authorized to be appropriated to the Administrator and the Attorney General such sums as are necessary to carry out this subparagraph, to remain available until expended.
(Next Changes->)
(Next Patriot II Changes->)

     (8) Research on hazard assessments
The Administrator may collect and publish information on accident scenarios and consequences covering a range of possible events for substances listed under paragraph (3). The Administrator shall establish a program of long-term research to develop and disseminate information on methods and techniques for hazard assessment which may be useful in improving and validating the procedures employed in the preparation of hazard assessments under this subsection.
     (9) Order authority

     (A) In addition to any other action taken, when the Administrator determines that there may be an imminent and substantial endangerment to the human health or welfare or the environment because of an actual or threatened accidental release of a regulated substance, the Administrator may secure such relief as may be necessary to abate such danger or threat, and the district court of the United States in the district in which the threat occurs shall have jurisdiction to grant such relief as the public interest and the equities of the case may require. The Administrator may also, after notice to the State in which the stationary source is located, take other action under this paragraph including, but not limited to, issuing such orders as may be necessary to protect human health. The Administrator shall take action under section 7603 of this title rather than this paragraph whenever the authority of such section is adequate to protect human health and the environment.
     (B) Orders issued pursuant to this paragraph may be enforced in an action brought in the appropriate United States district court as if the order were issued under section 7603 of this title.
     (C) Within 180 days after November 15, 1990, the Administrator shall publish guidance for using the order authorities established by this paragraph. Such guidance shall provide for the coordinated use of the authorities of this paragraph with other emergency powers authorized by section 9606 of this title, sections 311(c), 308, 309 and 504(a) of the Federal Water Pollution Control Act (33 U.S.C. 1321(c), 1318, 1319, 1364(a)), sections 3007, 3008, 3013, and 7003 of the Solid Waste Disposal Act (42 U.S.C. 6927, 6928, 6934, 6973), sections 1445 and 1431 of the Safe Drinking Water Act (42 U.S.C. 300j-4, 300i), sections 5 and 7 of the Toxic Substances Control Act (15 U.S.C. 2604, 2606), and sections 7413, 7414, and 7603 of this title.

     (10) Presidential review
The President shall conduct a review of release prevention, mitigation and response authorities of the various Federal agencies and shall clarify and coordinate agency responsibilities to assure the most effective and efficient implementation of such authorities and to identify any deficiencies in authority or resources which may exist. The President may utilize the resources and solicit the recommendations of the Chemical Safety and Hazard Investigation Board in conducting such review. At the conclusion of such review, but not later than 24 months after November 15, 1990, the President shall transmit a message to the Congress on the release prevention, mitigation and response activities of the Federal Government making such recommendations for change in law as the President may deem appropriate. Nothing in this paragraph shall be interpreted, construed or applied to authorize the President to modify or reassign release prevention, mitigation or response authorities otherwise established by law.
     (11) State authority
Nothing in this subsection shall preclude, deny or limit any right of a State or political subdivision thereof to adopt or enforce any regulation, requirement, limitation or standard (including any procedural requirement) that is more stringent than a regulation, requirement, limitation or standard in effect under this subsection or that applies to a substance not subject to this subsection.

     (s)  and remaining omitted

misc administrative details omitted

DELEGATION OF AUTHORITY
Memorandum of President of the United States, Aug. 19, 1993, 58 F.R. 52397, provided:
Memorandum for the Administrator of the Environmental Protection Agency

     WHEREAS, the Environmental Protection Agency, the agencies and departments that are members of the National Response Team (authorized under Executive Order No. 12580, 52 Fed. Reg. 2923 (1987) (42 U.S.C. 9615 note)), and other Federal agencies and departments undertake emergency release prevention, mitigation, and response activities pursuant to various authorities;
     By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 112(r)(10) of the Clean Air Act (the ''Act'') (section 7412(r)(10) of title 42 of the United States Code) and section 301 of title 3 of the United States Code, and in order to provide for the delegation of certain functions under the Act (42 U.S.C. 7401 et seq.), I hereby:

     (1) Authorize you, in coordination with agencies and departments that are members of the National Response Team and other appropriate agencies and departments, to conduct a review of release prevention, mitigation, and response authorities of Federal agencies in order to assure the most effective and efficient implementation of such authorities and to identify any deficiencies in authority or resources that may exist, to the extent such review is required by section 112(r)(10) of the Act; and

     (2) Authorize you, in coordination with agencies and departments that are members of the National Response Team and other appropriate agencies and departments, to prepare and transmit a message to the Congress concerning the release prevention, mitigation, and response activities of the Federal Government with such recommendations for change in law as you deem appropriate, to the extent such message is required by section 112(r)(10) of the Act.

     The authority delegated by this memorandum may be further redelegated within the Environmental Protection Agency.

     You are hereby authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.

Memorandum of President of the United States, Jan. 27, 2000, 65 F.R. 8631, provided:
Memorandum for the Attorney General(, ) the Administrator of the Environmental Protection Agency(, and) the Director of the Office of Management and Budget

     By the authority vested in me as President by the Constitution and laws of the United States of America, including section 112(r)(7)(H) of the Clean Air Act (''Act'') (42 U.S.C. 7412(r)(7)(H)), as added by section 3 of the Chemical Safety Information, Site Security and Fuels Regulatory Relief Act (Public Law 106-40), and section 301 of title 3, United States Code, I hereby delegate to:

     (1) the Attorney General the authority vested in the President under section 112(r)(7)(H)(ii)(I)(aa) of the Act to assess the increased risk of terrorist and other criminal activity associated with the posting of off-site consequence analysis information on the Internet;

     (2) the Administrator of the Environmental Protection Agency (EPA) the authority vested in the President under section 112(r)(7)(H)(ii)(I)(bb) of the Act to assess the incentives created by public disclosure of off-site consequence analysis information for reduction in the risk of accidental releases; and

     (3) the Attorney General and the Administrator of EPA, jointly, the authority vested in the President under section 112(r)(7)(H)(ii)(II) of the Act to promulgate regulations, based on these assessments, governing the distribution of off-site consequence analysis information. These regulations, in proposed and final form, shall be subject to review and approval by the Director of the Office of Management and Budget.

     The Administrator of EPA is authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.

remaining details omitted

 42 USC Sec. 14132                                                             01/02/01

TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT
Part A - DNA Identification

Sec. 14132. Index to facilitate law enforcement exchange of DNA identification information

     (a) Establishment of index
The Director of the Federal Bureau of Investigation may establish an index of -

     (1) DNA identification records of persons convicted of crimes;
     (2) analyses of DNA samples recovered from crime scenes;
     (3) analyses of DNA samples recovered from unidentified human remains; and
     (4) analyses of DNA samples voluntarily contributed from relatives of missing persons.

     (b) Information
The index described in subsection (a) of this section shall include only information on DNA identification records and DNA analyses that are -

     (1) based on analyses performed by or on behalf of a criminal justice agency (or the Secretary of Defense in accordance with section 1565 of title 10) in accordance with publicly available standards that satisfy or exceed the guidelines for a quality assurance program for DNA analysis, issued by the Director of the Federal Bureau of Investigation under section 14131 of this title;
     (2) prepared by laboratories, and DNA analysts, that undergo semiannual external proficiency testing by a DNA proficiency testing program meeting the standards issued under section 14131 of this title; and
     (3) maintained by Federal, State, and local criminal justice agencies (or the Secretary of Defense in accordance with section 1565 of title 10) pursuant to rules that allow disclosure of stored DNA samples and DNA analyses only -

     (A) to criminal justice agencies for law enforcement identification purposes;
     (B) in judicial proceedings, if otherwise admissible pursuant to applicable statutes or rules;
     (C) for criminal defense purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged; or
     (D) if personally identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes.

     (c) Failure to comply
Access to the index established by this section is subject to cancellation if the quality control and privacy requirements described in subsection (b) of this section are not met.

     (d) Expungement (removal) of records

     (1) By Director

     (A) The Director of the Federal Bureau of Investigation shall promptly expunge from the index described in subsection (a) of this section the DNA analysis of a person included in the index on the basis of a qualifying Federal offense or a qualifying District of Columbia offense (as determined under sections 14135a and 14135b of this title, respectively) if the Director receives, for each conviction of the person of a qualifying offense, a certified copy of a final court order establishing that such conviction has been overturned.
     (B) For purposes of subparagraph (A), the term ''qualifying offense'' means any of the following offenses:

     (i) A qualifying Federal offense, as determined under section 14135a of this title.
     (ii) A qualifying District of Columbia offense, as determined under section 14135b of this title.
     (iii) A qualifying military offense, as determined under section 1565 of title 10.

     (C) For purposes of subparagraph (A), a court order is not ''final'' if time remains for an appeal or application for discretionary review with respect to the order.

     (2) By States

     (A) As a condition of access to the index described in subsection (a) of this section, a State shall promptly expunge from that index the DNA analysis of a person included in the index by that State if the responsible agency or official of that State receives, for each conviction of the person of an offense on the basis of which that analysis was or could have been included in the index, a certified copy of a final court order establishing that such conviction has been overturned.
     (B) For purposes of subparagraph (A), a court order is not ''final'' if time remains for an appeal or application for discretionary review with respect to the order.

administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 14134, 14135, 14135e, 14214 of this title;
title 10 section 1565.

 42 USC Sec. 14135a  Has Changes                                  01/02/01

Sec. 14135a. Collection and use of DNA identification information from certain Federal offenders

     (a) Collection of DNA samples

     (1) From individuals in custody
The Director of the Bureau of Prisons shall collect a DNA sample from each individual in the custody of the Bureau of Prisons who is, or has been, convicted of a qualifying Federal offense (as determined under subsection (d) of this section) or a qualifying military offense, as determined under section 1565 of title 10.
     (2) From individuals on release, parole, or probation
The probation office responsible for the supervision under Federal law of an individual on probation, parole, or supervised release shall collect a DNA sample from each such individual who is, or has been, convicted of a qualifying Federal offense (as determined under subsection (d) of this section) or a qualifying military offense, as determined under section 1565 of title 10.
     (3) Individuals already in CODIS
For each individual described in paragraph (1) or (2), if the Combined DNA Index System (in this section referred to as ''CODIS'') of the Federal Bureau of Investigation contains a DNA analysis with respect to that individual, or if a DNA sample has been collected from that individual under section 1565 of title 10, the Director of the Bureau of Prisons or the probation office responsible (as applicable) may (but need not) collect a DNA sample from that individual.
     (4) Collection procedures

     (A) The Director of the Bureau of Prisons or the probation office responsible (as applicable) may use or authorize the use of such means as are reasonably necessary to detain, restrain, and collect a DNA sample from an individual who refuses to cooperate in the collection of the sample.
     (B) The Director of the Bureau of Prisons or the probation office, as appropriate, may enter into agreements with units of State or local government or with private entities to provide for the collection of the samples described in paragraph (1) or (2).

     (5) Criminal penalty
An individual from whom the collection of a DNA sample is authorized under this subsection who fails to cooperate in the collection of that sample shall be -

     (A) guilty of a class A misdemeanor; and
     (B) punished in accordance with title 18.

     (b) Analysis and use of samples
The Director of the Bureau of Prisons or the probation office responsible (as applicable) shall furnish each DNA sample collected under subsection (a) of this section to the Director of the Federal Bureau of Investigation, who shall carry out a DNA analysis on each such DNA sample and include the results in CODIS.
     (c) Definitions
In this section:

     (1) The term ''DNA sample'' means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out.
     (2) The term ''DNA analysis'' means analysis of the deoxyribonucleic acid (DNA) identification information in a bodily sample.

     (d) Qualifying Federal offenses

     (1) The offenses that shall be treated for purposes of this section as qualifying Federal offenses are the following offenses under title 18, as determined by the Attorney General:

     (A) Murder (as described in section 1111 of such title), voluntary manslaughter (as described in section 1112 of such title), or other offense relating to homicide (as described in chapter 51 of such title, sections 1113, 1114, 1116, 1118, 1119, 1120, and 1121).
     (B) An offense relating to sexual abuse (as described in chapter 109A of such title, sections 2241 through 2245), to sexual exploitation or other abuse of children (as described in chapter 110 of such title, sections 2251 through 2252), or to transportation for illegal sexual activity (as described in chapter 117 of such title, sections 2421, 2422, 2423, and 2425).
     (C) An offense relating to peonage and slavery (as described in chapter 77 of such title).
     (D) Kidnapping (as defined in section 3559(c)(2)(E) of such title).
     (E) An offense involving robbery or burglary (as described in chapter 103 of such title, sections 2111 through 2114, 2116, and 2118 through 2119).
     (F) Any violation of section 1153 involving murder, manslaughter, kidnapping, maiming, a felony offense relating to sexual abuse (as described in chapter 109A), incest, arson, burglary, or robbery.
     (G) Any attempt or conspiracy to commit any of the above offenses.

(<-- Previous Changes)
     (2) The initial determination of qualifying Federal offenses shall be made not later than 120 days after December 19, 2000. In addition to the offenses described in paragraph (1), the following offenses shall be treated for purposes of this section as qualifying Federal offenses, as determined by the Attorney General:

     (A) Any offense listed in section 2332b(g)(5)(B) of title 18, United States Code.

     (B) Any crime of violence (as defined in section 16 of title 18, United States Code).

     (C) Any attempt or conspiracy to commit any of the above offenses.
(Next Changes->)

     (e) Regulations

     (1) In general
Except as provided in paragraph (2), this section shall be carried out under regulations prescribed by the Attorney General.
     (2) Probation officers
The Director of the Administrative Office of the United States Courts shall make available model procedures for the activities of probation officers in carrying out this section.

     (f) Commencement of collection
Collection of DNA samples under subsection (a) of this section shall, subject to the availability of appropriations, commence not later than the date that is 180 days after December 19, 2000.

-SOURCE-

(Pub. L. 106-546, Sec. 3, Dec. 19, 2000, 114 Stat. 2728.)

CODIFICATION
Section was enacted as part of the DNA Analysis Backlog Elimination Act of 2000, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 14132, 14135c, 14135e of this title;
title 10 section 1565;
title 18 sections 3563, 3583, 4209.

 42 USC Sec. 14601 Has Changes                                   01/02/01

TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 140 - CRIMINAL JUSTICE IDENTIFICATION, INFORMATION, AND COMMUNICATION
SUBCHAPTER I - CRIME IDENTIFICATION TECHNOLOGY

Sec. 14601. State grant program for criminal justice identification, information, and communication

     (a) In general
Subject to the availability of amounts provided in advance in appropriations Acts, the Office of Justice Programs relying principally on the expertise of the Bureau of Justice Statistics shall make a grant to each State, in a manner consistent with the national criminal history improvement program, which shall be used by the State, in conjunction with units of local government, State and local courts, other States, or combinations thereof, to establish or upgrade an integrated approach to develop information and identification technologies and systems to -

     (1) upgrade criminal history and criminal justice record systems, including systems operated by law enforcement agencies and courts;
     (2) improve criminal justice identification;
     (3) promote compatibility and integration of national, State, and local systems for -

     (A) criminal justice purposes;
     (B) firearms eligibility determinations;
     (C) identification of sexual offenders;
     (D) identification of domestic violence offenders; and
     (E) background checks for other authorized purposes unrelated to criminal justice; and

     (4) capture information for statistical and research purposes to improve the administration of criminal justice.

     (b) Use of grant amounts
Grants under this section may be used for programs to establish, develop, update, or upgrade -

     (1) State centralized, automated, adult and juvenile criminal history record information systems, including arrest and disposition reporting;
     (2) automated fingerprint identification systems that are compatible with standards established by the National Institute of Standards and Technology and interoperable with the Integrated Automated Fingerprint Identification System (IAFIS) of the Federal Bureau of Investigation;
     (3) finger imaging, live scan, and other automated systems to digitize fingerprints and to communicate prints in a manner that is compatible with standards established by the National Institute of Standards and Technology and interoperable with systems operated by States and by the Federal Bureau of Investigation;
     (4) programs and systems to facilitate full participation in the Interstate Identification Index of the National Crime Information Center;
     (5) systems to facilitate full participation in any compact relating to the Interstate Identification Index of the National Crime Information Center;
     (6) systems to facilitate full participation in the national instant criminal background check system established under section 103(b) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) for firearms eligibility determinations;
     (7) integrated criminal justice information systems to manage and communicate criminal justice information among law enforcement agencies, courts, prosecutors, and corrections agencies;
     (8) noncriminal history record information systems relevant to firearms eligibility determinations for availability and accessibility to the national instant criminal background check system established under section 103(b) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note);
     (9) court-based criminal justice information systems that promote -

     (A) reporting of dispositions to central State repositories and to the Federal Bureau of Investigation; and
     (B) compatibility with, and integration of, court systems with other criminal justice information systems;

     (10) ballistics identification and information programs that are compatible and integrated with the National Integrated Ballistics Network (NIBN);
     (11) the capabilities of forensic science programs and medical examiner programs related to the administration of criminal justice, including programs leading to accreditation or certification of individuals or departments, agencies, or laboratories, and programs relating to the identification and analysis of deoxyribonucleic acid;
     (12) sexual offender identification and registration systems;
     (13) domestic violence offender identification and information systems;
     (14) programs for fingerprint-supported background checks capability for noncriminal justice purposes, including youth service employees and volunteers and other individuals in positions of responsibility, if authorized by Federal or State law and administered by a government agency;
     (15) criminal justice information systems with a capacity to provide statistical and research products including incident-based reporting systems that are compatible with the National Incident-Based Reporting System (NIBRS) and uniform crime reports;
     (16) multiagency, multijurisdictional communications systems among the States to share routine and emergency information among Federal, State, and local law enforcement agencies; and (Pat I)
(<-- Previous Changes)
     (17) the capability of the criminal justice system to deliver timely, accurate, and complete criminal history record information to child welfare agencies, organizations, and programs that are engaged in the assessment of risk and other activities related to the protection of children, including protection against child sexual abuse, and placement of children in foster care; and
     (18) notwithstanding subsection (c), antiterrorism purposes as they relate to any other uses under this section or for other antiterrorism programs.
(Next Changes->)

     (c) Assurances

     (1) In general
To be eligible to receive a grant under this section, a State shall provide assurances to the Attorney General that the State has the capability to contribute pertinent information to the national instant criminal background check system established under section 103(b) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note).
     (2) Information sharing
Such assurances shall include a provision that ensures that a statewide strategy for information sharing systems is underway, or will be initiated, to improve the functioning of the criminal justice system, with an emphasis on integration of all criminal justice components, law enforcement, courts, prosecution, corrections, and probation and parole. The strategy shall be prepared after consultation with State and local officials with emphasis on the recommendation of officials whose duty it is to oversee, plan, and implement integrated information technology systems, and shall contain -

     (A) a definition and analysis of ''integration'' in the State and localities developing integrated information sharing systems;
     (B) an assessment of the criminal justice resources being devoted to information technology;
     (C) Federal, State, regional, and local information technology coordination requirements;
     (D) an assurance that the individuals who developed the grant application took into consideration the needs of all branches of the State Government and specifically sought the advice of the chief of the highest court of the State with respect to the application;
     (E) State and local resource needs;
     (F) the establishment of statewide priorities for planning and implementation of information technology systems; and
     (G) a plan for coordinating the programs funded under this subchapter with other federally funded information technology programs, including directly funded local programs such as the Local Law Enforcement Block Grant program (described under the heading ''Violent Crime Reduction Programs, State and Local Law Enforcement Assistance'' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119)) and the M.O.R.E. program established pursuant to part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.).

     (d) Matching funds
The Federal share of a grant received under this subchapter may not exceed 90 percent of the costs of a program or proposal funded under this subchapter unless the Attorney General waives, wholly or in part, the requirements of this subsection.

     (e) Authorization of appropriations

(<-- Previous Changes)
     (1) In general
There is authorized to be appropriated to carry out this section $250,000,000 for each of fiscal years 1999 through 2003 2002 through 2007.
(Next Changes->)
     (2) Limitations
Of the amount made available to carry out this section in any fiscal year -

     (A) not more than 3 percent may be used by the Attorney General for salaries and administrative expenses;
     (B) not more than 5 percent may be used for technical assistance, training and evaluations, and studies commissioned by Bureau of Justice Statistics of the Department of Justice (through discretionary grants or otherwise) in furtherance of the purposes of this section; and
     (C) the Attorney General shall ensure the amounts are distributed on an equitable geographic basis.

     (f) Grants to Indian tribes
Notwithstanding any other provision of this section, the Attorney General may use amounts made available under this section to make grants to Indian tribes for use in accordance with this section.

administrative detail omitted

REFERENCES IN TEXT
Section 103(b) of the Brady Handgun Violence Prevention Act, referred to in subsecs. (b)(6), (8) and (c)(1), is section 103(b) of Pub. L. 103-159, as amended, which is set out as a note under section 922 of Title 18, Crimes and Criminal Procedure.

The Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998, referred to in subsec. (c)(2)(G), is Pub. L. 105-119, Nov. 26, 1997, 111 Stat. 2440. Provisions described under the heading ''Violent Crime Reduction Programs, State and Local Law Enforcement Assistance'' appear at 111 Stat. 2452, and are not classified to the Code.

The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (c)(2)(G), is Pub. L. 90-351, June 19, 1968, 82 Stat. 197, as amended. Part Q of title I of the Act is classified generally to subchapter XII-E (Sec. 3796dd et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3711 of this title and Tables.

administrative detail omitted

SHORT TITLE
Pub. L. 105-251, title I, Sec. 101, Oct. 9, 1998, 112 Stat. 1871, provided that: ''This title (enacting this subchapter) may be cited as the 'Crime Identification Technology Act of 1998'.''

Pub. L. 105-251, title II, Sec. 201, Oct. 9, 1998, 112 Stat. 1874, provided that: ''This title (enacting subchapter II of this chapter, amending sections 5119a and 5119b of this title, and enacting provisions set out as a note under section 5101 of this title) may be cited as the 'National Criminal History Access and Child Protection Act'.''

Pub. L. 105-251, title II, Sec. 211, Oct. 9, 1998, 112 Stat. 1874, provided that: ''This subtitle (subtitle A (Sec. 211-217) of title II of Pub. L. 105-251, enacting subchapter II of this chapter) may be cited as the 'National Crime Prevention and Privacy Compact Act of 1998'.''