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(continued)
law and statutory remedies, the study group shall evaluate the
following:
(A) the nature, adequacy, and availability of existing remedies
under present law in compensating for harm to man from the
release of hazardous substances;
(B) the nature of barriers to recovery (particularly with
respect to burdens of going forward and of proof and relevancy)
and the role such barriers play in the legal system;
(C) the scope of the evidentiary burdens placed on the
plaintiff in proving harm from the release of hazardous
substances, particularly in light of the scientific uncertainty
over causation with respect to -
(i) carcinogens, mutagens, and teratogens, and
(ii) the human health effects of exposure to low doses of
hazardous substances over long periods of time;

(D) the nature and adequacy of existing remedies under present
law in providing compensation for damages to natural resources
from the release of hazardous substances;
(E) the scope of liability under existing law and the
consequences, particularly with respect to obtaining insurance,
of any changes in such liability;
(F) barriers to recovery posed by existing statutes of
limitations.

(4) The report shall be submitted to the Congress with
appropriate recommendations. Such recommendations shall explicitly
address -
(A) the need for revisions in existing statutory or common law,
and
(B) whether such revisions should take the form of Federal
statutes or the development of a model code which is recommended
for adoption by the States.

(5) The Fund shall pay administrative expenses incurred for the
study. No expenses shall be available to pay compensation, except
expenses on a per diem basis for the one reporter, but in no case
shall the total expenses of the study exceed $300,000.
(f) Modification of national contingency plan
The President, acting through the Administrator of the
Environmental Protection Agency, the Secretary of Transportation,
the Administrator of the Occupational Safety and Health
Administration, and the Director of the National Institute for
Occupational Safety and Health shall study and, not later than two
years after December 11, 1980, shall modify the national
contingency plan to provide for the protection of the health and
safety of employees involved in response actions.
(g) Insurability study
(1) Study by Comptroller General
The Comptroller General of the United States, in consultation
with the persons described in paragraph (2), shall undertake a
study to determine the insurability, and effects on the standard
of care, of the liability of each of the following:
(A) Persons who generate hazardous substances: liability for
costs and damages under this chapter.
(B) Persons who own or operate facilities: liability for
costs and damages under this chapter.
(C) Persons liable for injury to persons or property caused
by the release of hazardous substances into the environment.
(2) Consultation
In conducting the study under this subsection, the Comptroller
General shall consult with the following:
(A) Representatives of the Administrator.
(B) Representatives of persons described in subparagraphs (A)
through (C) of the preceding paragraph.
(C) Representatives (i) of groups or organizations comprised
generally of persons adversely affected by releases or
threatened releases of hazardous substances and (ii) of groups
organized for protecting the interests of consumers.
(D) Representatives of property and casualty insurers.
(E) Representatives of reinsurers.
(F) Persons responsible for the regulation of insurance at
the State level.
(3) Items evaluated
The study under this section shall include, among other
matters, an evaluation of the following:
(A) Current economic conditions in, and the future outlook
for, the commercial market for insurance and reinsurance.
(B) Current trends in statutory and common law remedies.
(C) The impact of possible changes in traditional standards
of liability, proof, evidence, and damages on existing
statutory and common law remedies.
(D) The effect of the standard of liability and extent of the
persons upon whom it is imposed under this chapter on the
protection of human health and the environment and on the
availability, underwriting, and pricing of insurance coverage.
(E) Current trends, if any, in the judicial interpretation
and construction of applicable insurance contracts, together
with the degree to which amendments in the language of such
contracts and the description of the risks assumed, could
affect such trends.
(F) The frequency and severity of a representative sample of
claims closed during the calendar year immediately preceding
October 17, 1986.
(G) Impediments to the acquisition of insurance or other
means of obtaining liability coverage other than those referred
to in the preceding subparagraphs.
(H) The effects of the standards of liability and financial
responsibility requirements imposed pursuant to this chapter on
the cost of, and incentives for, developing and demonstrating
alternative and innovative treatment technologies, as well as
waste generation minimization.
(4) Submission
The Comptroller General shall submit a report on the results of
the study to Congress with appropriate recommendations within 12
months after October 17, 1986.

-SOURCE-
(Pub. L. 96-510, title III, Sec. 301, Dec. 11, 1980, 94 Stat. 2805;
Pub. L. 99-499, title I, Sec. 107(d)(3), title II, Secs. 208, 212,
Oct. 17, 1986, 100 Stat. 1630, 1707, 1726; Pub. L. 99-514, Sec. 2,
Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(1)(A), (E), (G),
(c)(1), and (g), was in the original "this Act", meaning Pub. L.
96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, known as the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, which enacted this chapter, section 6911a of this
title, and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title
26, Internal Revenue Code, amended section 6911 of this title,
section 1364 of Title 33, Navigation and Navigable Waters, and
section 11901 of Title 49, Transportation, and enacted provisions
set out as notes under section 6911 of this title and sections 1
and 4611 of Title 26. For complete classification of this Act to
the Code, see Short Title note set out under section 9601 of this
title and Tables.
Subchapter II of this chapter, referred to in subsec. (a)(1)(F),
was in the original "title II of this Act", meaning title II of
Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2796, known as the
Hazardous Substance Response Revenue Act of 1980, which enacted
subchapter II of this chapter and sections 4611, 4612, 4661, 4662,
4681, and 4682 of Title 26. Sections 221 to 223 and 232 of Pub. L.
96-510, which were classified to sections 9631 to 9633 and 9641 of
this title, comprising subchapter II of this chapter, were repealed
by Pub. L. 99-499, title V, Secs. 514(b), 517(c)(1), Oct. 17, 1986,
100 Stat. 1767, 1774. For complete classification of title II to
the Code, see Short Title of 1980 Amendment note set out under
section 1 of Title 26 and Tables.
For effective date of this chapter, referred to in subsec.
(a)(2), see section 9652 of this title.
Subsection 3001(b)(2)(B) and subsection 3001(b)(3)(A) of the
Solid Waste Disposal Act of 1980, referred to in subsec. (a)(2),
probably mean section 3001(b)(2)(B) and (3)(A) of the Solid Waste
Disposal Act, as amended by the Solid Waste Disposal Act Amendments
of 1980, which enacted section 6921(b)(2)(B) and (3)(A) of this
title.
The Solid Waste Disposal Act, referred to in subsecs. (a)(2) and
(d)(C), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997,
as amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90
Stat. 2795. Subtitle C of the Solid Waste Disposal Act is
classified generally to subchapter III (Sec. 6921 et seq.) of
chapter 82 of this title. For complete classification of this Act
to the Code, see Short Title note set out under section 6901 of
this title and Tables.

-COD-
CODIFICATION
Subsec. (h) of this section, which required the Administrator of
the Environmental Protection Agency to submit an annual report to
Congress of such Agency on the progress achieved in implementing
this chapter during the preceding fiscal year, required the
Inspector General of the Agency to review the report for
reasonableness and accuracy and submit to Congress, as a part of
that report, a report on the results of the review, and required
the appropriate authorizing committees of Congress, after receiving
those reports, to conduct oversight hearings to ensure that this
chapter is being implemented according to the purposes of this
chapter and congressional intent in enacting this chapter,
terminated, effective May 15, 2000, pursuant to section 3003 of
Pub. L. 104-66, as amended, set out as a note under section 1113 of
Title 31, Money and Finance. See, also, the 5th item on page 164 of
House Document No. 103-7.


-MISC1-
AMENDMENTS
1986 - Subsec. (a)(1)(H). Pub. L. 99-514 substituted "Internal
Revenue Code of 1986" for "Internal Revenue Code of 1954", which
for purposes of codification was translated as "title 26" thus
requiring no change in text.
Subsec. (c)(1). Pub. L. 99-499, Sec. 107(d)(3), inserted at end
"Notwithstanding the failure of the President to promulgate the
regulations required under this subsection on the required date,
the President shall promulgate such regulations not later than 6
months after October 17, 1986."
Subsec. (g). Pub. L. 99-499, Sec. 208, added subsec. (g).
Subsec. (h). Pub. L. 99-499, Sec. 212, added subsec. (h).

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9604, 9607, 9612, 9613 of
this title.

-FOOTNOTE-
)1(! See References in Text note below.


-End-



-CITE-
42 USC Sec. 9652 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-
Sec. 9652. Effective dates; savings provisions

-STATUTE-
(a) Unless otherwise provided, all provisions of this chapter
shall be effective on December 11, 1980.
(b) Any regulation issued pursuant to any provisions of section
1321 of title 33 which is repealed or superseded by this chapter
and which is in effect on the date immediately preceding the
effective date of this chapter shall be deemed to be a regulation
issued pursuant to the authority of this chapter and shall remain
in full force and effect unless or until superseded by new
regulations issued thereunder.
(c) Any regulation -
(1) respecting financial responsibility,
(2) issued pursuant to any provision of law repealed or
superseded by this chapter, and
(3) in effect on the date immediately preceding the effective
date of this chapter shall be deemed to be a regulation issued
pursuant to the authority of this chapter and shall remain in
full force and effect unless or until superseded by new
regulations issued thereunder.

(d) Nothing in this chapter shall affect or modify in any way the
obligations or liabilities of any person under other Federal or
State law, including common law, with respect to releases of
hazardous substances or other pollutants or contaminants. The
provisions of this chapter shall not be considered, interpreted, or
construed in any way as reflecting a determination, in part or
whole, of policy regarding the inapplicability of strict liability,
or strict liability doctrines, to activities relating to hazardous
substances, pollutants, or contaminants or other such activities.

-SOURCE-
(Pub. L. 96-510, title III, Sec. 302, Dec. 11, 1980, 94 Stat.
2808.)

-End-



-CITE-
42 USC Sec. 9653 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-
Sec. 9653. Repealed. Pub. L. 99-499, title V, Sec. 511(b), Oct. 17,
1986, 100 Stat. 1761

-MISC1-
Section, Pub. L. 96-510, title III, Sec. 303, Dec. 11, 1980, 94
Stat. 2808, provided for termination of authority to collect taxes
under this chapter.

EFFECTIVE DATE OF REPEAL
Repeal effective Jan. 1, 1987, see section 511(c) of Pub. L.
99-499, set out as an Effective Date of 1986 Amendment note under
section 4611 of Title 26, Internal Revenue Code.

-End-



-CITE-
42 USC Sec. 9654 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-
Sec. 9654. Applicability of Federal water pollution control
funding, etc., provisions

-STATUTE-
(a) Omitted
(b) One-half of the unobligated balance remaining before December
11, 1980, under subsection (k) )1(! of section 1321 of title 33 and
all sums appropriated under section 1364(b) )1(! of title 33 shall
be transferred to the Fund established under subchapter II )1(! of
this chapter.

(c) In any case in which any provision of section 1321 of title
33 is determined to be in conflict with any provisions of this
chapter, the provisions of this chapter shall apply.

-SOURCE-
(Pub. L. 96-510, title III, Sec. 304, Dec. 11, 1980, 94 Stat.
2809.)

-REFTEXT-
REFERENCES IN TEXT
Subsection (k) of section 1321 of title 33, referred to in
subsec. (b), was repealed by Pub. L. 101-380, title II, Sec.
2002(b)(2), Aug. 18, 1990, 104 Stat. 507.
Section 1364(b) of title 33, referred to in subsec. (b), was
repealed by Pub. L. 96-510, title III, Sec. 304(a), Dec. 11, 1980,
94 Stat. 2809.
Subchapter II of this chapter, referred to in subsec. (b), was in
the original "title II of this Act", meaning title II of Pub. L.
96-510, Dec. 11, 1980, 94 Stat. 2796, known as the Hazardous
Substance Response Revenue Act of 1980, which enacted subchapter II
of this chapter and sections 4611, 4612, 4661, 4662, 4681, and 4682
of Title 26, Internal Revenue Code. Sections 221 to 223 and 232 of
Pub. L. 96-510, which were classified to sections 9631 to 9633 and
9641 of this title, comprising subchapter II of this chapter, were
repealed by Pub. L. 99-499, title V, Secs. 514(b), 517(c)(1), Oct.
17, 1986, 100 Stat. 1767, 1774. For complete classification of
title II to the Code, see Short Title of 1980 Amendment note set
out under section 1 of Title 26 and Tables.

-COD-
CODIFICATION
Subsec. (a) of this section repealed section 1364(b) of Title 33,
Navigation and Navigable Waters.

-FOOTNOTE-
)1(! See References in Text note below.


-End-



-CITE-
42 USC Sec. 9655 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-
Sec. 9655. Legislative veto of rule or regulation

-STATUTE-
(a) Transmission to Congress upon promulgation or repromulgation of
rule or regulation; disapproval procedures
Notwithstanding any other provision of law, simultaneously with
promulgation or repromulgation of any rule or regulation under
authority of subchapter I of this chapter, the head of the
department, agency, or instrumentality promulgating such rule or
regulation shall transmit a copy thereof to the Secretary of the
Senate and the Clerk of the House of Representatives. Except as
provided in subsection (b) of this section, the rule or regulation
shall not become effective, if -
(1) within ninety calendar days of continuous session of
Congress after the date of promulgation, both Houses of Congress
adopt a concurrent resolution, the matter after the resolving
clause of which is as follows: "That Congress disapproves the
rule or regulation promulgated by the dealing with the
matter of , which rule or regulation was transmitted to
Congress on .", the blank spaces therein being
appropriately filled; or
(2) within sixty calendar days of continuous session of
Congress after the date of promulgation, one House of Congress
adopts such a concurrent resolution and transmits such resolution
to the other House, and such resolution is not disapproved by
such other House within thirty calendar days of continuous
session of Congress after such transmittal.
(b) Approval; effective dates
If, at the end of sixty calendar days of continuous session of
Congress after the date of promulgation of a rule or regulation, no
committee of either House of Congress has reported or been
discharged from further consideration of a concurrent resolution
disapproving the rule or regulation and neither House has adopted
such a resolution, the rule or regulation may go into effect
immediately. If, within such sixty calendar days, such a committee
has reported or been discharged from further consideration of such
a resolution, or either House has adopted such a resolution, the
rule or regulation may go into effect not sooner than ninety
calendar days of continuous session of Congress after such rule is
prescribed unless disapproved as provided in subsection (a) of this
section.
(c) Sessions of Congress as applicable
For purposes of subsections (a) and (b) of this section -
(1) continuity of session is broken only by an adjournment of
Congress sine die; and
(2) the days on which either House is not in session because of
an adjournment of more than three days to a day certain are
excluded in the computation of thirty, sixty, and ninety calendar
days of continuous session of Congress.
(d) Congressional inaction on, or rejection of, resolution of
disapproval
Congressional inaction on, or rejection of, a resolution of
disapproval shall not be deemed an expression of approval of such
rule or regulation.

-SOURCE-
(Pub. L. 96-510, title III, Sec. 305, Dec. 11, 1980, 94 Stat.
2809.)

-End-



-CITE-
42 USC Sec. 9656 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-
Sec. 9656. Transportation of hazardous substances; listing as
hazardous material; liability for release

-STATUTE-
(a) Each hazardous substance which is listed or designated as
provided in section 9601(14) of this title shall, within 30 days
after October 17, 1986, or at the time of such listing or
designation, whichever is later, be listed and regulated as a
hazardous material under chapter 51 of title 49.
(b) A common or contract carrier shall be liable under other law
in lieu of section 9607 of this title for damages or remedial
action resulting from the release of a hazardous substance during
the course of transportation which commenced prior to the effective
date of the listing and regulation of such substance as a hazardous
material under chapter 51 of title 49, or for substances listed
pursuant to subsection (a) of this section, prior to the effective
date of such listing: Provided, however, That this subsection shall
not apply where such a carrier can demonstrate that he did not have
actual knowledge of the identity or nature of the substance
released.

-SOURCE-
(Pub. L. 96-510, title III, Sec. 306(a), (b), Dec. 11, 1980, 94
Stat. 2810; Pub. L. 99-499, title II, Sec. 202, Oct. 17, 1986, 100
Stat. 1695.)

-COD-
CODIFICATION
In subsecs. (a) and (b), "chapter 51 of title 49" substituted for
"the Hazardous Materials Transportation Act [49 App. U.S.C. 1801 et
seq.]" on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994,
108 Stat. 1378, the first section of which enacted subtitles II,
III, and V to X of Title 49, Transportation.


-MISC1-
AMENDMENTS
1986 - Subsec. (a). Pub. L. 99-499, Sec. 202(a), substituted
"within 30 days after October 17, 1986" for "within ninety days
after December 11, 1980" and inserted "and regulated" before "as a
hazardous material".
Subsec. (b). Pub. L. 99-499, Sec. 202(b), inserted "and
regulation" after "prior to the effective date of the listing".

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 49 section 31301.

-End-



-CITE-
42 USC Sec. 9657 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-
Sec. 9657. Separability; contribution

-STATUTE-
If any provision of this chapter, or the application of any
provision of this chapter to any person or circumstance, is held
invalid, the application of such provision to other persons or
circumstances and the remainder of this chapter shall not be
affected thereby. If an administrative settlement under section
9622 of this title has the effect of limiting any person's right to
obtain contribution from any party to such settlement, and if the
effect of such limitation would constitute a taking without just
compensation in violation of the fifth amendment of the
Constitution of the United States, such person shall not be
entitled, under other laws of the United States, to recover
compensation from the United States for such taking, but in any
such case, such limitation on the right to obtain contribution
shall be treated as having no force and effect.

-SOURCE-
(Pub. L. 96-510, title III, Sec. 308, Dec. 11, 1980, 94 Stat. 2811;
Pub. L. 99-499, title I, Sec. 122(b), Oct. 17, 1986, 100 Stat.
1688.)

-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as
amended, known as the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, which enacted this
chapter, section 6911a of this title, and sections 4611, 4612,
4661, 4662, 4681, and 4682 of Title 26, Internal Revenue Code,
amended section 6911 of this title, section 1364 of Title 33,
Navigation and Navigable Waters, and section 11901 of Title 49,
Transportation, and enacted provisions set out as notes under
section 6911 of this title and sections 1 and 4611 of Title 26. For
complete classification of this Act to the Code, see Short Title
note set out under section 9601 of this title and Tables.


-MISC1-
AMENDMENTS
1986 - Pub. L. 99-499 inserted sentence at end relating to
administrative settlements under section 9622 of this title which
have effect of limiting any person's right to obtain contribution
from any party to such settlement.

-End-



-CITE-
42 USC Sec. 9658 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-
Sec. 9658. Actions under State law for damages from exposure to
hazardous substances

-STATUTE-
(a) State statutes of limitations for hazardous substance cases
(1) Exception to State statutes
In the case of any action brought under State law for personal
injury, or property damages, which are caused or contributed to
by exposure to any hazardous substance, or pollutant or
contaminant, released into the environment from a facility, if
the applicable limitations period for such action (as specified
in the State statute of limitations or under common law) provides
a commencement date which is earlier than the federally required
commencement date, such period shall commence at the federally
required commencement date in lieu of the date specified in such
State statute.
(2) State law generally applicable
Except as provided in paragraph (1), the statute of limitations
established under State law shall apply in all actions brought
under State law for personal injury, or property damages, which
are caused or contributed to by exposure to any hazardous
substance, or pollutant or contaminant, released into the
environment from a facility.
(3) Actions under section 9607
Nothing in this section shall apply with respect to any cause
of action brought under section 9607 of this title.
(b) Definitions
As used in this section -
(1) Subchapter I terms
The terms used in this section shall have the same meaning as
when used in subchapter I of this chapter.
(2) Applicable limitations period
The term "applicable limitations period" means the period
specified in a statute of limitations during which a civil action
referred to in subsection (a)(1) of this section may be brought.
(3) Commencement date
The term "commencement date" means the date specified in a
statute of limitations as the beginning of the applicable
limitations period.
(4) Federally required commencement date
(A) In general
Except as provided in subparagraph (B), the term "federally
required commencement date" means the date the plaintiff knew
(or reasonably should have known) that the personal injury or
property damages referred to in subsection (a)(1) of this
section were caused or contributed to by the hazardous
substance or pollutant or contaminant concerned.
(B) Special rules
In the case of a minor or incompetent plaintiff, the term
"federally required commencement date" means the later of the
date referred to in subparagraph (A) or the following:
(i) In the case of a minor, the date on which the minor
reaches the age of majority, as determined by State law, or
has a legal representative appointed.
(ii) In the case of an incompetent individual, the date on
which such individual becomes competent or has had a legal
representative appointed.

-SOURCE-
(Pub. L. 96-510, title III, Sec. 309, as added Pub. L. 99-499,
title II, Sec. 203(a), Oct. 17, 1986, 100 Stat. 1695.)


-MISC1-
EFFECTIVE DATE
Section 203(b) of Pub. L. 99-499 provided that: "The amendment
made by subsection (a) of this section [enacting this section]
shall take effect with respect to actions brought after December
11, 1980."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9659 of this title.

-End-



-CITE-
42 USC Sec. 9659 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-
Sec. 9659. Citizens suits

-STATUTE-
(a) Authority to bring civil actions
Except as provided in subsections (d) and (e) of this section and
in section 9613(h) of this title (relating to timing of judicial
review), any person may commence a civil action on his own behalf -

(1) against any person (including the United States and any
other governmental instrumentality or agency, to the extent
permitted by the eleventh amendment to the Constitution) who is
alleged to be in violation of any standard, regulation,
condition, requirement, or order which has become effective
pursuant to this chapter (including any provision of an agreement
under section 9620 of this title, relating to Federal
facilities); or
(2) against the President or any other officer of the United
States (including the Administrator of the Environmental
Protection Agency and the Administrator of the ATSDR) where there
is alleged a failure of the President or of such other officer to
perform any act or duty under this chapter, including an act or
duty under section 9620 of this title (relating to Federal
facilities), which is not discretionary with the President or
such other officer.

Paragraph (2) shall not apply to any act or duty under the
provisions of section 9660 of this title (relating to research,
development, and demonstration).
(b) Venue
(1) Actions under subsection (a)(1)
Any action under subsection (a)(1) of this section shall be
brought in the district court for the district in which the
alleged violation occurred.
(2) Actions under subsection (a)(2)
Any action brought under subsection (a)(2) of this section may
be brought in the United States District Court for the District
of Columbia.
(c) Relief
The district court shall have jurisdiction in actions brought
under subsection (a)(1) of this section to enforce the standard,
regulation, condition, requirement, or order concerned (including
any provision of an agreement under section 9620 of this title), to
order such action as may be necessary to correct the violation, and
to impose any civil penalty provided for the violation. The
district court shall have jurisdiction in actions brought under
subsection (a)(2) of this section to order the President or other
officer to perform the act or duty concerned.
(d) Rules applicable to subsection (a)(1) actions
(1) Notice
No action may be commenced under subsection (a)(1) of this
section before 60 days after the plaintiff has given notice of
the violation to each of the following:
(A) The President.
(B) The State in which the alleged violation occurs.
(C) Any alleged violator of the standard, regulation,
condition, requirement, or order concerned (including any
provision of an agreement under section 9620 of this title).

Notice under this paragraph shall be given in such manner as the
President shall prescribe by regulation.
(2) Diligent prosecution
No action may be commenced under paragraph (1) of subsection
(a) of this section if the President has commenced and is
diligently prosecuting an action under this chapter, or under the
Solid Waste Disposal Act [42 U.S.C. 6901 et seq.] to require
compliance with the standard, regulation, condition, requirement,
or order concerned (including any provision of an agreement under
section 9620 of this title).
(e) Rules applicable to subsection (a)(2) actions
No action may be commenced under paragraph (2) of subsection (a)
of this section before the 60th day following the date on which the
plaintiff gives notice to the Administrator or other department,
agency, or instrumentality that the plaintiff will commence such
action. Notice under this subsection shall be given in such manner
as the President shall prescribe by regulation.
(f) Costs
The court, in issuing any final order in any action brought
pursuant to this section, may award costs of litigation (including
reasonable attorney and expert witness fees) to the prevailing or
the substantially prevailing party whenever the court determines
such an award is appropriate. The court may, if a temporary
restraining order or preliminary injunction is sought, require the
filing of a bond or equivalent security in accordance with the
Federal Rules of Civil Procedure.
(g) Intervention
In any action under this section, the United States or the State,
or both, if not a party may intervene as a matter of right. For
other provisions regarding intervention, see section 9613 of this
title.
(h) Other rights
This chapter does not affect or otherwise impair the rights of
any person under Federal, State, or common law, except with respect
to the timing of review as provided in section 9613(h) of this
title or as otherwise provided in section 9658 of this title
(relating to actions under State law).
(i) Definitions
The terms used in this section shall have the same meanings as
when used in subchapter I of this chapter.

-SOURCE-
(Pub. L. 96-510, title III, Sec. 310, as added Pub. L. 99-499,
title II, Sec. 206, Oct. 17, 1986, 100 Stat. 1703.)

-REFTEXT-
REFERENCES IN TEXT
The Solid Waste Disposal Act, referred to in subsec. (d)(2), is
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,
which is classified generally to chapter 82 (Sec. 6901 et seq.) of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 6901 of this title and
Tables.
The Federal Rules of Civil Procedure, referred to in subsec. (f),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9613 of this title.

-End-



-CITE-
42 USC Sec. 9660 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-
Sec. 9660. Research, development, and demonstration

-STATUTE-
(a) Hazardous substance research and training
(1) Authorities of Secretary
The Secretary of Health and Human Services (hereinafter in this
subsection referred to as the Secretary), in consultation with
the Administrator, shall establish and support a basic research
and training program (through grants, cooperative agreements, and
contracts) consisting of the following:
(A) Basic research (including epidemiologic and ecologic
studies) which may include each of the following:
(i) Advanced techniques for the detection, assessment, and
evaluation of the effects on human health of hazardous
substances.
(ii) Methods to assess the risks to human health presented
by hazardous substances.
(iii) Methods and technologies to detect hazardous
substances in the environment and basic biological, chemical,
and physical methods to reduce the amount and toxicity of
hazardous substances.

(B) Training, which may include each of the following:
(i) Short courses and continuing education for State and
local health and environment agency personnel and other
personnel engaged in the handling of hazardous substances, in
the management of facilities at which hazardous substances
are located, and in the evaluation of the hazards to human
health presented by such facilities.
(ii) Graduate or advanced training in environmental and
occupational health and safety and in the public health and
engineering aspects of hazardous waste control.
(iii) Graduate training in the geosciences, including
hydrogeology, geological engineering, geophysics,
geochemistry, and related fields necessary to meet
professional personnel needs in the public and private
sectors and to effectuate the purposes of this chapter.
(2) Director of NIEHS
The Director of the National Institute for Environmental Health
Sciences shall cooperate fully with the relevant Federal agencies
referred to in subparagraph (A) of paragraph (5) in carrying out
the purposes of this section.
(3) Recipients of grants, etc.
A grant, cooperative agreement, or contract may be made or
entered into under paragraph (1) with an accredited institution
of higher education. The institution may carry out the research
or training under the grant, cooperative agreement, or contract
through contracts, including contracts with any of the following:
(A) Generators of hazardous wastes.
(B) Persons involved in the detection, assessment,
evaluation, and treatment of hazardous substances.
(C) Owners and operators of facilities at which hazardous
substances are located.
(D) State and local governments.
(4) Procedures
In making grants and entering into cooperative agreements and
contracts under this subsection, the Secretary shall act through
the Director of the National Institute for Environmental Health
Sciences. In considering the allocation of funds for training
purposes, the Director shall ensure that at least one grant,
cooperative agreement, or contract shall be awarded for training
described in each of clauses (i), (ii), and (iii) of paragraph
(1)(B). Where applicable, the Director may choose to operate
training activities in cooperation with the Director of the
National Institute for Occupational Safety and Health. The
procedures applicable to grants and contracts under title IV of
the Public Health Service Act [42 U.S.C. 281 et seq.] shall be
followed under this subsection.
(5) Advisory council
To assist in the implementation of this subsection and to aid
in the coordination of research and demonstration and training
activities funded from the Fund under this section, the Secretary
shall appoint an advisory council (hereinafter in this subsection
referred to as the "Advisory Council") which shall consist of
representatives of the following:
(A) The relevant Federal agencies.
(B) The chemical industry.
(C) The toxic waste management industry.
(D) Institutions of higher education.
(E) State and local health and environmental agencies.
(F) The general public.
(6) Planning
Within nine months after October 17, 1986, the Secretary,
acting through the Director of the National Institute for
Environmental Health Sciences, shall issue a plan for the
implementation of paragraph (1). The plan shall include
priorities for actions under paragraph (1) and include research
and training relevant to scientific and technological issues
resulting from site specific hazardous substance response
experience. The Secretary shall, to the maximum extent
practicable, take appropriate steps to coordinate program
activities under this plan with the activities of other Federal
agencies in order to avoid duplication of effort. The plan shall
be consistent with the need for the development of new
technologies for meeting the goals of response actions in
accordance with the provisions of this chapter. The Advisory
Council shall be provided an opportunity to review and comment on
the plan and priorities and assist appropriate coordination among
the relevant Federal agencies referred to in subparagraph (A) of
paragraph (5).
(b) Alternative or innovative treatment technology research and
demonstration program
(1) Establishment
The Administrator is authorized and directed to carry out a
program of research, evaluation, testing, development, and
demonstration of alternative or innovative treatment technologies
(hereinafter in this subsection referred to as the "program")
which may be utilized in response actions to achieve more
permanent protection of human health and welfare and the
environment.
(2) Administration
The program shall be administered by the Administrator, acting
through an office of technology demonstration and shall be
coordinated with programs carried out by the Office of Solid
Waste and Emergency Response and the Office of Research and
Development.
(3) Contracts and grants
In carrying out the program, the Administrator is authorized to
enter into contracts and cooperative agreements with, and make
grants to, persons, public entities, and nonprofit private
entities which are exempt from tax under section 501(c)(3) of
title 26. The Administrator shall, to the maximum extent
possible, enter into appropriate cost sharing arrangements under
this subsection.
(4) Use of sites
In carrying out the program, the Administrator may arrange for
the use of sites at which a response may be undertaken under
section 9604 of this title for the purposes of carrying out
research, testing, evaluation, development, and demonstration
projects. Each such project shall be carried out under such terms
and conditions as the Administrator shall require to assure the
protection of human health and the environment and to assure
adequate control by the Administrator of the research, testing,
evaluation, development, and demonstration activities at the
site.
(5) Demonstration assistance
(A) Program components
The demonstration assistance program shall include the
following:
(i) The publication of a solicitation and the evaluation of
applications for demonstration projects utilizing alternative
or innovative technologies.
(ii) The selection of sites which are suitable for the
testing and evaluation of innovative technologies.
(iii) The development of detailed plans for innovative
technology demonstration projects.
(iv) The supervision of such demonstration projects and the
providing of quality assurance for data obtained.
(v) The evaluation of the results of alternative innovative
technology demonstration projects and the determination of
whether or not the technologies used are effective and
feasible.
(B) Solicitation
Within 90 days after October 17, 1986, and no less often than
once every 12 months thereafter, the Administrator shall
publish a solicitation for innovative or alternative
technologies at a stage of development suitable for full-scale
demonstrations at sites at which a response action may be
undertaken under section 9604 of this title. The purpose of any
such project shall be to demonstrate the use of an alternative
or innovative treatment technology with respect to hazardous
substances or pollutants or contaminants which are located at
the site or which are to be removed from the site. The
solicitation notice shall prescribe information to be included
in the application, including technical and economic data
derived from the applicant's own research and development
efforts, and other information sufficient to permit the
Administrator to assess the technology's potential and the
types of remedial action to which it may be applicable.
(C) Applications
Any person and any public or private nonprofit entity may
submit an application to the Administrator in response to the
solicitation. The application shall contain a proposed
demonstration plan setting forth how and when the project is to
be carried out and such other information as the Administrator
may require.
(D) Project selection
In selecting technologies to be demonstrated, the
Administrator shall fully review the applications submitted and
shall consider at least the criteria specified in paragraph
(7). The Administrator shall select or refuse to select a
project for demonstration under this subsection within 90 days
of receiving the completed application for such project. In the
case of a refusal to select the project, the Administrator
shall notify the applicant within such 90-day period of the
reasons for his refusal.
(E) Site selection
The Administrator shall propose 10 sites at which a response
may be undertaken under section 9604 of this title to be the
location of any demonstration project under this subsection
within 60 days after the close of the public comment period.
After an opportunity for notice and public comment, the
Administrator shall select such sites and projects. In
selecting any such site, the Administrator shall take into
account the applicant's technical data and preferences either
for onsite operation or for utilizing the site as a source of
hazardous substances or pollutants or contaminants to be
treated offsite.
(F) Demonstration plan
Within 60 days after the selection of the site under this
paragraph to be the location of a demonstration project, the
Administrator shall establish a final demonstration plan for
the project, based upon the demonstration plan contained in the
application for the project. Such plan shall clearly set forth
how and when the demonstration project will be carried out.
(G) Supervision and testing
Each demonstration project under this subsection shall be
performed by the applicant, or by a person satisfactory to the
applicant, under the supervision of the Administrator. The
Administrator shall enter into a written agreement with each
applicant granting the Administrator the responsibility and
authority for testing procedures, quality control, monitoring,
and other measurements necessary to determine and evaluate the
results of the demonstration project. The Administrator may pay
the costs of testing, monitoring, quality control, and other
measurements required by the Administrator to determine and
evaluate the results of the demonstration project, and the
limitations established by subparagraph (J) shall not apply to
such costs.
(H) Project completion
Each demonstration project under this subsection shall be
completed within such time as is established in the
demonstration plan.
(I) Extensions
The Administrator may extend any deadline established under
this paragraph by mutual agreement with the applicant
concerned.
(J) Funding restrictions
The Administrator shall not provide any Federal assistance
for any part of a full-scale field demonstration project under
this subsection to any applicant unless such applicant can
demonstrate that it cannot obtain appropriate private financing
on reasonable terms and conditions sufficient tocarry out such (continued)