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(continued) carry out such
demonstration project without such Federal assistance. The
total Federal funds for any full-scale field demonstration
project under this subsection shall not exceed 50 percent of
the total cost of such project estimated at the time of the
award of such assistance. The Administrator shall not expend
more than $10,000,000 for assistance under the program in any
fiscal year and shall not expend more than $3,000,000 for any
single project.
(6) Field demonstrations
In carrying out the program, the Administrator shall initiate
or cause to be initiated at least 10 field demonstration projects
of alternative or innovative treatment technologies at sites at
which a response may be undertaken under section 9604 of this
title, in fiscal year 1987 and each of the succeeding three
fiscal years. If the Administrator determines that 10 field
demonstration projects under this subsection cannot be initiated
consistent with the criteria set forth in paragraph (7) in any of
such fiscal years, the Administrator shall transmit to the
appropriate committees of Congress a report explaining the
reasons for his inability to conduct such demonstration projects.
(7) Criteria
In selecting technologies to be demonstrated under this
subsection, the Administrator shall, consistent with the
protection of human health and the environment, consider each of
the following criteria:
(A) The potential for contributing to solutions to those
waste problems which pose the greatest threat to human health,
which cannot be adequately controlled under present
technologies, or which otherwise pose significant management
difficulties.
(B) The availability of technologies which have been
sufficiently developed for field demonstration and which are
likely to be cost-effective and reliable.
(C) The availability and suitability of sites for
demonstrating such technologies, taking into account the
physical, biological, chemical, and geological characteristics
of the sites, the extent and type of contamination found at the
site, and the capability to conduct demonstration projects in
such a manner as to assure the protection of human health and
the environment.
(D) The likelihood that the data to be generated from the
demonstration project at the site will be applicable to other
sites.
(8) Technology transfer
In carrying out the program, the Administrator shall conduct a
technology transfer program including the development,
collection, evaluation, coordination, and dissemination of
information relating to the utilization of alternative or
innovative treatment technologies for response actions. The
Administrator shall establish and maintain a central reference
library for such information. The information maintained by the
Administrator shall be made available to the public, subject to
the provisions of section 552 of title 5 and section 1905 of
title 18, and to other Government agencies in a manner that will
facilitate its dissemination; except, that upon a showing
satisfactory to the Administrator by any person that any
information or portion thereof obtained under this subsection by
the Administrator directly or indirectly from such person, would,
if made public, divulge -
(A) trade secrets; or
(B) other proprietary information of such person,

the Administrator shall not disclose such information and
disclosure thereof shall be punishable under section 1905 of
title 18. This subsection is not authority to withhold
information from Congress or any committee of Congress upon the
request of the chairman of such committee.
(9) Training
The Administrator is authorized and directed to carry out,
through the Office of Technology Demonstration, a program of
training and an evaluation of training needs for each of the
following:
(A) Training in the procedures for the handling and removal
of hazardous substances for employees who handle hazardous
substances.
(B) Training 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 for State
and local health and environment agency personnel.
(10) Definition
For purposes of this subsection, the term "alternative or
innovative treatment technologies" means those technologies,
including proprietary or patented methods, which permanently
alter the composition of hazardous waste through chemical,
biological, or physical means so as to significantly reduce the
toxicity, mobility, or volume (or any combination thereof) of the
hazardous waste or contaminated materials being treated. The term
also includes technologies that characterize or assess the extent
of contamination, the chemical and physical character of the
contaminants, and the stresses imposed by the contaminants on
complex ecosystems at sites.
(c) Hazardous substance research
The Administrator may conduct and support, through grants,
cooperative agreements, and contracts, research with respect to the
detection, assessment, and evaluation of the effects on and risks
to human health of hazardous substances and detection of hazardous
substances in the environment. The Administrator shall coordinate
such research with the Secretary of Health and Human Services,
acting through the advisory council established under this section,
in order to avoid duplication of effort.
(d) University hazardous substance research centers
(1) Grant program
The Administrator shall make grants to institutions of higher
learning to establish and operate not fewer than 5 hazardous
substance research centers in the United States. In carrying out
the program under this subsection, the Administrator should seek
to have established and operated 10 hazardous substance research
centers in the United States.
(2) Responsibilities of centers
The responsibilities of each hazardous substance research
center established under this subsection shall include, but not
be limited to, the conduct of research and training relating to
the manufacture, use, transportation, disposal, and management of
hazardous substances and publication and dissemination of the
results of such research.
(3) Applications
Any institution of higher learning interested in receiving a
grant under this subsection shall submit to the Administrator an
application in such form and containing such information as the
Administrator may require by regulation.
(4) Selection criteria
The Administrator shall select recipients of grants under this
subsection on the basis of the following criteria:
(A) The hazardous substance research center shall be located
in a State which is representative of the needs of the region
in which such State is located for improved hazardous waste
management.
(B) The grant recipient shall be located in an area which has
experienced problems with hazardous substance management.
(C) There is available to the grant recipient for carrying
out this subsection demonstrated research resources.
(D) The capability of the grant recipient to provide
leadership in making national and regional contributions to the
solution of both long-range and immediate hazardous substance
management problems.
(E) The grant recipient shall make a commitment to support
ongoing hazardous substance research programs with budgeted
institutional funds of at least $100,000 per year.
(F) The grant recipient shall have an interdisciplinary staff
with demonstrated expertise in hazardous substance management
and research.
(G) The grant recipient shall have a demonstrated ability to
disseminate results of hazardous substance research and
educational programs through an interdisciplinary continuing
education program.
(H) The projects which the grant recipient proposes to carry
out under the grant are necessary and appropriate.
(5) Maintenance of effort
No grant may be made under this subsection in any fiscal year
unless the recipient of such grant enters into such agreements
with the Administrator as the Administrator may require to ensure
that such recipient will maintain its aggregate expenditures from
all other sources for establishing and operating a regional
hazardous substance research center and related research
activities at or above the average level of such expenditures in
its 2 fiscal years preceding October 17, 1986.
(6) Federal share
The Federal share of a grant under this subsection shall not
exceed 80 percent of the costs of establishing and operating the
regional hazardous substance research center and related research
activities carried out by the grant recipient.
(7) Limitation on use of funds
No funds made available to carry out this subsection shall be
used for acquisition of real property (including buildings) or
construction of any building.
(8) Administration through the Office of the Administrator
Administrative responsibility for carrying out this subsection
shall be in the Office of the Administrator.
(9) Equitable distribution of funds
The Administrator shall allocate funds made available to carry
out this subsection equitably among the regions of the United
States.
(10) Technology transfer activities
Not less than five percent of the funds made available to carry
out this subsection for any fiscal year shall be available to
carry out technology transfer activities.
(e) Report to Congress
At the time of the submission of the annual budget request to
Congress, the Administrator shall submit to the appropriate
committees of the House of Representatives and the Senate and to
the advisory council established under subsection (a) of this
section, a report on the progress of the research, development, and
demonstration program authorized by subsection (b) of this section,
including an evaluation of each demonstration project completed in
the preceding fiscal year, findings with respect to the efficacy of
such demonstrated technologies in achieving permanent and
significant reductions in risk from hazardous wastes, the costs of
such demonstration projects, and the potential applicability of,
and projected costs for, such technologies at other hazardous
substance sites.
(f) Saving provision
Nothing in this section shall be construed to affect the
provisions of the Solid Waste Disposal Act [42 U.S.C. 6901 et
seq.].
(g) Small business participation
The Administrator shall ensure, to the maximum extent
practicable, an adequate opportunity for small business
participation in the program established by subsection (b) of this
section.

-SOURCE-
(Pub. L. 96-510, title III, Sec. 311, as added Pub. L. 99-499,
title II, Sec. 209(b), Oct. 17, 1986, 100 Stat. 1708; amended Pub.
L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-
REFERENCES IN TEXT
The Public Health Service Act, referred to in subsec. (a)(4), is
act July 1, 1944, ch. 373, 58 Stat. 682, as amended. Title IV of
the Public Health Service Act is classified generally to subchapter
III (Sec. 281 et seq.) of chapter 6A of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 201 of this title and Tables.
The Solid Waste Disposal Act, referred to in subsec. (f), 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.


-MISC1-
AMENDMENTS
1986 - Subsec. (b)(3). 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.

GULF COAST HAZARDOUS SUBSTANCE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION CENTER
Section 118(l) of Pub. L. 99-499 provided that:
"(1) Establishment of hazardous substance research, development,
and demonstration center. - The Administrator shall establish a
hazardous substance research, development, and demonstration center
(hereinafter in this subsection referred to as the 'Center') for
the purpose of conducting research to aid in more effective
hazardous substance response and waste management throughout the
Gulf Coast.
"(2) Purposes of the center. - The Center shall carry out a
program of research, evaluation, testing, development, and
demonstration of alternative or innovative technologies which may
be utilized in response actions or in normal handling of hazardous
wastes to achieve better protection of human health and the
environment.
"(3) Operation of center. - (A) For purposes of operating the
Center, the Administrator is authorized to enter into contracts and
cooperative agreements with, and make grants to, a university
related institute involved with the improvement of waste
management. Such institute shall be located in Jefferson County,
Texas.
"(B) The Center shall be authorized to make grants, accept
contributions, and enter into agreements with universities located
in the States of Texas, Louisiana, Mississippi, Alabama, and
Florida in order to carry out the purposes of the Center.
"(4) Authorization of appropriations. - There are authorized to
be appropriated to the Administrator for purposes of carrying out
this subsection for fiscal years beginning after September 30,
1986, not more than $5,000,000."

PACIFIC NORTHWEST HAZARDOUS SUBSTANCE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION CENTER
Section 118(o) of Pub. L. 99-499 provided that:
"(1) Establishment. - The Administrator shall establish a
hazardous substance research, development, and demonstration center
(hereinafter in this subsection referred to as the 'Center') for
the purpose of conducting research to aid in more effective
hazardous substance response in the Pacific Northwest.
"(2) Purposes of center. - The Center shall carry out a program
of research, evaluation, testing, development, and demonstration of
alternative or innovative technologies which may be utilized in
response actions to achieve more permanent protection of human
health and welfare and the environment.
"(3) Operation of center. -
"(A) Nonprofit entity. - For the purposes of operating the
Center, the Administrator is authorized to enter into contracts
and cooperative agreements with, and make grants to, a nonprofit
private entity as defined in section 201(i) of Public Law 96-517
[probably means section 201(i) of Title 35, Patents, which was
enacted by section 6(a) of Pub. L. 96-517, Dec. 12, 1980, 94
Stat. 3020] which entity shall agree to provide the basic
technical and management personnel. Such nonprofit private entity
shall also agree to provide at least two permanent research
facilities, one of which shall be located in Benton County,
Washington, and one of which shall be located in Clallam County,
Washington.
"(B) Authorities. - The Center shall be authorized to make
grants, accept contributions, and enter into agreements with
universities located in the States of Washington, Oregon, Idaho,
and Montana in order to carry out the purposes of the Center.
"(4) Hazardous waste research at the hanford site. -
"(A) Interagency agreements. - The Administrator and the
Secretary of Energy are authorized to enter into interagency
agreements with one another for the purpose of providing for
research, evaluation, testing, development, and demonstration
into alternative or innovative technologies to characterize and
assess the nature and extent of hazardous waste (including
radioactive mixed waste) contamination at the Hanford site, in
the State of Washington.
"(B) Funding. - There is authorized to be appropriated to the
Secretary of Energy for purposes of carrying out this paragraph
for fiscal years beginning after September 30, 1986, not more
than $5,000,000. All sums appropriated under this subparagraph
shall be provided to the Administrator by the Secretary of
Energy, pursuant to the interagency agreement entered into under
subparagraph (A), for the purpose of the Administrator entering
into contracts and cooperative agreements with, and making grants
to, the Center in order to carry out the research, evaluation,
testing, development, and demonstration described in paragraph
(1).
"(5) Authorization of appropriations. - There is authorized to be
appropriated to the Administrator for purposes of carrying out this
subsection (other than paragraph (4)) for fiscal years beginning
after September 30, 1986, not more than $5,000,000."

CONGRESSIONAL STATEMENT OF PURPOSE
Section 209(a) of Pub. L. 99-499 provided that: "The purposes of
this section [enacting this section] are as follows:
"(1) To establish a comprehensive and coordinated Federal
program of research, development, demonstration, and training for
the purpose of promoting the development of alternative and
innovative treatment technologies that can be used in response
actions under the CERCLA program, to provide incentives for the
development and use of such technologies, and to improve the
scientific capability to assess, detect and evaluate the effects
on and risks to human health from hazardous substances.
"(2) To establish a basic university research and education
program within the Department of Health and Human Services and a
research, demonstration, and training program within the
Environmental Protection Agency.
"(3) To reserve certain funds from the Hazardous Substance
Trust Fund to support a basic research program within the
Department of Health and Human Services, and an applied and
developmental research program within the Environmental
Protection Agency.
"(4) To enhance the Environmental Protection Agency's internal
research capabilities related to CERCLA activities, including
site assessment and technology evaluation.
"(5) To provide incentives for the development of alternative
and innovative treatment technologies in a manner that
supplements or coordinates with, but does not compete with or
duplicate, private sector development of such technologies."

TERMINATION OF ADVISORY COUNCILS
Advisory councils established after Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period beginning on the
date of their establishment, unless, in the case of a council
established by the President or an officer of the Federal
Government, such council is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of a council
established by the Congress, its duration is otherwise provided by
law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86
Stat. 770, 776, set out in the Appendix to Title 5, Government
Organization and Employees.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9611, 9619, 9659 of this
title; title 10 section 2702.

-End-



-CITE-
42 USC Sec. 9660a 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. 9660a. Grant program

-STATUTE-
(1) Grant purposes
Grants for the training and education of workers who are or may
be engaged in activities related to hazardous waste removal or
containment or emergency response may be made under this section.
(2) Administration
Grants under this section shall be administered by the National
Institute of Environmental Health Sciences.
(3) Grant recipients
Grants shall be awarded to nonprofit organizations which
demonstrate experience in implementing and operating worker health
and safety training and education programs and demonstrate the
ability to reach and involve in training programs target
populations of workers who are or will be engaged in hazardous
waste removal or containment or emergency response operations.

-SOURCE-
(Pub. L. 99-499, title I, Sec. 126(g), Oct. 17, 1986, 100 Stat.
1692.)

-COD-
CODIFICATION
Section was enacted as part of the Superfund Amendments and
Reauthorization Act of 1986, and not as part of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
which comprises this chapter.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9611, 9619 of this title;
title 49 section 5115; title 50 section 2731.

-End-



-CITE-
42 USC Sec. 9661 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. 9661. Love Canal property acquisition

-STATUTE-
(a) Acquisition of property in Emergency Declaration Area
The Administrator of the Environmental Protection Agency
(hereinafter referred to as the "Administrator") may make grants
not to exceed $2,500,000 to the State of New York (or to any duly
constituted public agency or authority thereof) for purposes of
acquisition of private property in the Love Canal Emergency
Declaration Area. Such acquisition shall include (but shall not be
limited to) all private property within the Emergency Declaration
Area, including non-owner occupied residential properties,
commercial, industrial, public, religious, non-profit, and vacant
properties.
(b) Procedures for acquisition
No property shall be acquired pursuant to this section unless the
property owner voluntarily agrees to such acquisition. Compensation
for any property acquired pursuant to this section shall be based
upon the fair market value of the property as it existed prior to
the emergency declaration. Valuation procedures for property
acquired with funds provided under this section shall be in
accordance with those set forth in the agreement entered into
between the New York State Disaster Preparedness Commission and the
Love Canal Revitalization Agency on October 9, 1980.
(c) State ownership
The Administrator shall not provide any funds under this section
for the acquisition of any properties pursuant to this section
unless a public agency or authority of the State of New York first
enters into a cooperative agreement with the Administrator
providing assurances deemed adequate by the Administrator that the
State or an agency created under the laws of the State shall take
title to the properties to be so acquired.
(d) Maintenance of property
The Administrator shall enter into a cooperative agreement with
an appropriate public agency or authority of the State of New York
under which the Administrator shall maintain or arrange for the
maintenance of all properties within the Emergency Declaration Area
that have been acquired by any public agency or authority of the
State. Ninety (90) percent of the costs of such maintenance shall
be paid by the Administrator. The remaining portion of such costs
shall be paid by the State (unless a credit is available under
section 9604(c) of this title). The Administrator is authorized, in
his discretion, to provide technical assistance to any public
agency or authority of the State of New York in order to implement
the recommendations of the habitability and land-use study in order
to put the land within the Emergency Declaration Area to its best
use.
(e) Habitability and land use study
The Administrator shall conduct or cause to be conducted a
habitability and land-use study. The study shall -
(1) assess the risks associated with inhabiting of the Love
Canal Emergency Declaration Area;
(2) compare the level of hazardous waste contamination in that
Area to that present in other comparable communities; and
(3) assess the potential uses of the land within the Emergency
Declaration Area, including but not limited to residential,
industrial, commercial and recreational, and the risks associated
with such potential uses.

The Administrator shall publish the findings of such study and
shall work with the State of New York to develop recommendations
based upon the results of such study.
(f) Funding
For purposes of section 9611 of this title [and 9631(c) )1(! of
this title], the expenditures authorized by this section shall be
treated as a cost specified in section 9611(c) of this title.

(g) Response
The provisions of this section shall not affect the
implementation of other response actions within the Emergency
Declaration Area that the Administrator has determined (before
October 17, 1986) to be necessary to protect the public health or
welfare or the environment.
(h) Definitions
For purposes of this section:
(1) Emergency Declaration Area
The terms "Emergency Declaration Area" and "Love Canal
Emergency Declaration Area" mean the Emergency Declaration Area
as defined in section 950, paragraph (2) of the General Municipal
Law of the State of New York, Chapter 259, Laws of 1980, as in
effect on October 17, 1986.
(2) Private property
As used in subsection (a) of this section, the term "private
property" means all property which is not owned by a department,
agency, or instrumentality of -
(A) the United States, or
(B) the State of New York (or any public agency or authority
thereof).

-SOURCE-
(Pub. L. 96-510, title III, Sec. 312, as added Pub. L. 99-499,
title II, Sec. 213(b), Oct. 17, 1986, 100 Stat. 1727.)

-REFTEXT-
REFERENCES IN TEXT
Section 9631 of this title, referred to in subsec. (f), was
repealed by Pub. L. 99-499, title V, Sec. 517(c)(1), Oct. 17, 1986,
100 Stat. 1774.


-MISC1-
LOVE CANAL PROPERTY ACQUISITION; CONGRESSIONAL FINDINGS
Section 213(a) of Pub. L. 99-499 provided that:
"(1) The area known as Love Canal located in the city of Niagara
Falls and the town of Wheatfield, New York, was the first toxic
waste site to receive national attention. As a result of that
attention Congress investigated the problems associated with toxic
waste sites and enacted CERCLA [Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.)] to deal with these problems.
"(2) Because Love Canal came to the Nation's attention prior to
the passage of CERCLA and because the fund under CERCLA was not
available to compensate for all of the hardships endured by the
citizens in the area, Congress has determined that special
provisions are required. These provisions do not affect the
lawfulness, implementation, or selection of any other response
actions at Love Canal or at any other facilities."

COORDINATION OF TITLES I TO IV OF PUB. L. 99-499
Any provision of titles I to IV of Pub. L. 99-499, imposing any
tax, premium, or fee; establishing any trust fund; or authorizing
expenditures from any trust fund, to have no force or effect, see
section 531 of Pub. L. 99-499, set out as a note under section 1 of
Title 26, Internal Revenue Code.

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


-End-



-CITE-
42 USC Sec. 9662 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. 9662. Limitation on contract and borrowing authority

-STATUTE-
Any authority provided by this Act, including any amendment made
by this Act, to enter into contracts to obligate the United States
or to incur indebtedness for the repayment of which the United
States is liable shall be effective only to such extent or in such
amounts as are provided in appropriation Acts.

-SOURCE-
(Pub. L. 99-499, Sec. 3, Oct. 17, 1986, 100 Stat. 1614.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 99-499, Oct. 17, 1986,
100 Stat. 1613, as amended, known as the Superfund Amendments and
Reauthorization Act of 1986. For complete classification of this
Act to the Code, see Short Title of 1986 Amendment note set out
under section 9601 of this title and Tables.

-COD-
CODIFICATION
Section was enacted as part of the Superfund Amendments and
Reauthorization Act of 1986, and not as part of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
which comprises this chapter.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9619 of this title.

-End-


-CITE-
42 USC SUBCHAPTER IV - POLLUTION INSURANCE 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER IV - POLLUTION INSURANCE

-HEAD-
SUBCHAPTER IV - POLLUTION INSURANCE

-End-



-CITE-
42 USC Sec. 9671 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER IV - POLLUTION INSURANCE

-HEAD-
Sec. 9671. Definitions

-STATUTE-
As used in this subchapter -
(1) Insurance
The term "insurance" means primary insurance, excess insurance,
reinsurance, surplus lines insurance, and any other arrangement
for shifting and distributing risk which is determined to be
insurance under applicable State or Federal law.
(2) Pollution liability
The term "pollution liability" means liability for injuries
arising from the release of hazardous substances or pollutants or
contaminants.
(3) Risk retention group
The term "risk retention group" means any corporation or other
limited liability association taxable as a corporation, or as an
insurance company, formed under the laws of any State -
(A) whose primary activity consists of assuming and spreading
all, or any portion, of the pollution liability of its group
members;
(B) which is organized for the primary purpose of conducting
the activity described under subparagraph (A);
(C) which is chartered or licensed as an insurance company
and authorized to engage in the business of insurance under the
laws of any State; and
(D) which does not exclude any person from membership in the
group solely to provide for members of such a group a
competitive advantage over such a person.
(4) Purchasing group
The term "purchasing group" means any group of persons which
has as one of its purposes the purchase of pollution liability
insurance on a group basis.
(5) State
The term "State" means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands, the Commonwealth of the
Northern Marianas, and any other territory or possession over
which the United States has jurisdiction.

-SOURCE-
(Pub. L. 96-510, title IV, Sec. 401, as added Pub. L. 99-499, title
II, Sec. 210(a), formerly Sec. 210, Oct. 17, 1986, 100 Stat. 1716;
renumbered Sec. 210(a), Pub. L. 99-563, Sec. 11(c)(1), Oct. 27,
1986, 100 Stat. 3177.)


-MISC1-
STATE POWERS AND AUTHORITIES UNDER RISK RETENTION AMENDMENTS OF
1986
Section 210(b) of Pub. L. 99-499, as added by Pub. L. 99-563,
Sec. 11(c)(1), Oct. 27, 1986, 100 Stat. 3177, provided that: "For
purposes of subsection (a) of this section [enacting this
subchapter], the powers and authorities of States addressed by the
Risk Retention Amendments of 1986 [Pub. L. 99-563, see Short Title
of 1986 Amendment note set out under section 3901 of Title 15,
Commerce and Trade] are in addition to those of this Act [see Short
Title of 1986 Amendment note set out under section 9601 of this
title]."

-End-



-CITE-
42 USC Sec. 9672 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER IV - POLLUTION INSURANCE

-HEAD-
Sec. 9672. State laws; scope of subchapter

-STATUTE-
(a) State laws
Nothing in this subchapter shall be construed to affect either
the tort law or the law governing the interpretation of insurance
contracts of any State. The definitions of pollution liability and
pollution liability insurance under any State law shall not be
applied for the purposes of this subchapter, including recognition
or qualification of risk retention groups or purchasing groups.
(b) Scope of subchapter
The authority to offer or to provide insurance under this
subchapter shall be limited to coverage of pollution liability
risks and this subchapter does not authorize a risk retention group
or purchasing group to provide coverage of any other line of
insurance.

-SOURCE-
(Pub. L. 96-510, title IV, Sec. 402, as added Pub. L. 99-499, title
II, Sec. 210(a), formerly Sec. 210, Oct. 17, 1986, 100 Stat. 1716;
renumbered Sec. 210(a), Pub. L. 99-563, Sec. 11(c)(1), Oct. 27,
1986, 100 Stat. 3177.)

-End-



-CITE-
42 USC Sec. 9673 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER IV - POLLUTION INSURANCE

-HEAD-
Sec. 9673. Risk retention groups

-STATUTE-
(a) Exemption
Except as provided in this section, a risk retention group shall
be exempt from the following:
(1) A State law, rule, or order which makes unlawful, or
regulates, directly or indirectly, the operation of a risk
retention group.
(2) A State law, rule, or order which requires or permits a
risk retention group to participate in any insurance insolvency
guaranty association to which an insurer licensed in the State is
required to belong.
(3) A State law, rule, or order which requires any insurance
policy issued to a risk retention group or any member of the
group to be countersigned by an insurance agent or broker
residing in the State.
(4) A State law, rule, or order which otherwise discriminates
against a risk retention group or any of its members.
(b) Exceptions
(1) State laws generally applicable
Nothing in subsection (a) of this section shall be construed to
affect the applicability of State laws generally applicable to
persons or corporations. The State in which a risk retention
group is chartered may regulate the formation and operation of
the group.
(2) State regulations not subject to exemption
Subsection (a) of this section shall not apply to any State law
which requires a risk retention group to do any of the following:
(A) Comply with the unfair claim settlement practices law of
the State.
(B) Pay, on a nondiscriminatory basis, applicable premium and
other taxes which are levied on admitted insurers and surplus
line insurers, brokers, or policyholders under the laws of the
State.
(C) Participate, on a nondiscriminatory basis, in any
mechanism established or authorized under the law of the State
for the equitable apportionment among insurers of pollution
liability insurance losses and expenses incurred on policies
written through such mechanism.
(D) Submit to the appropriate authority reports and other
information required of licensed insurers under the laws of a
State relating solely to pollution liability insurance losses
and expenses.
(E) Register with and designate the State insurance
commissioner as its agent solely for the purpose of receiving
service of legal documents or process.
(F) Furnish, upon request, such commissioner a copy of any
financial report submitted by the risk retention group to the
commissioner of the chartering or licensing jurisdiction.
(G) Submit to an examination by the State insurance
commissioner in any State in which the group is doing business
to determine the group's financial condition, if -
(i) the commissioner has reason to believe the risk
retention group is in a financially impaired condition; and
(ii) the commissioner of the jurisdiction in which the
group is chartered has not begun or has refused to initiate
an examination of the group.

(H) Comply with a lawful order issued in a delinquency
proceeding commenced by the State insurance commissioner if the
commissioner of the jurisdiction in which the group is
chartered has failed to initiate such a proceeding after notice
of a finding of financial impairment under subparagraph (G).
(c) Application of exemptions
The exemptions specified in subsection (a) of this section apply
to -
(1) pollution liability insurance coverage provided by a risk
retention group for -
(A) such group; or
(B) any person who is a member of such group;

(2) the sale of pollution liability insurance coverage for a
risk retention group; and
(3) the provision of insurance related services or management
services for a risk retention group or any member of such a
group.
(d) Agents or brokers
A State may require that a person acting, or offering to act, as
an agent or broker for a risk retention group obtain a license from
that State, except that a State may not impose any qualification or
requirement which discriminates against a nonresident agent or
broker.

-SOURCE-
(Pub. L. 96-510, title IV, Sec. 403, as added Pub. L. 99-499, title
II, Sec. 210(a), formerly Sec. 210, Oct. 17, 1986, 100 Stat. 1717;
renumbered Sec. 210(a), Pub. L. 99-563, Sec. 11(c)(1), Oct. 27,
1986, 100 Stat. 3177.)

-End-



-CITE-
42 USC Sec. 9674 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER IV - POLLUTION INSURANCE

-HEAD-
Sec. 9674. Purchasing groups

-STATUTE-
(a) Exemption
Except as provided in this section, a purchasing group is exempt
from the following:
(1) A State law, rule, or order which prohibits the
establishment of a purchasing group.
(2) A State law, rule, or order which makes it unlawful for an
insurer to provide or offer to provide insurance on a basis
providing, to a purchasing group or its member, advantages, based
on their loss and expense experience, not afforded to other
persons with respect to rates, policy forms, coverages, or other
matters.
(3) A State law, rule, or order which prohibits a purchasing
group or its members from purchasing insurance on the group basis
described in paragraph (2) of this subsection.
(4) A State law, rule, or order which prohibits a purchasing
group from obtaining insurance on a group basis because the group
has not been in existence for a minimum period of time or because
any member has not belonged to the group for a minimum period of
time.
(5) A State law, rule, or order which requires that a
purchasing group must have a minimum number of members, common
ownership or affiliation, or a certain legal form.
(6) A State law, rule, or order which requires that a certain
percentage of a purchasing group must obtain insurance on a group
basis.
(7) A State law, rule, or order which requires that any
insurance policy issued to a purchasing group or any members of
the group be countersigned by an insurance agent or broker
residing in that State.
(8) A State law, rule, or order which otherwise discriminate
)1(! against a purchasing group or any of its members.

(b) Application of exemptions
The exemptions specified in subsection (a) of this section apply
to the following:
(1) Pollution liability insurance, and comprehensive general
liability insurance which includes this coverage, provided to -
(A) a purchasing group; or
(B) any person who is a member of a purchasing group.

(2) The sale of any one of the following to a purchasing group
or a member of the group:
(A) Pollution liability insurance and comprehensive general
liability coverage.
(B) Insurance related services.
(C) Management services.
(c) Agents or brokers
A State may require that a person acting, or offering to act, as
an agent or broker for a purchasing group obtain a license from
that State, except that a State may not impose any qualification or
requirement which discriminates against a nonresident agent or
broker.

-SOURCE-
(Pub. L. 96-510, title IV, Sec. 404, as added Pub. L. 99-499, title
II, Sec. 210(a), formerly Sec. 210, Oct. 17, 1986, 100 Stat. 1718;
renumbered Sec. 210(a), Pub. L. 99-563, Sec. 11(c)(1), Oct. 27,
1986, 100 Stat. 3177.)

-FOOTNOTE-
)1(! So in original. Probably should be "discriminates".


-End-



-CITE-
42 USC Sec. 9675 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER IV - POLLUTION INSURANCE

-HEAD-
Sec. 9675. Applicability of securities laws

-STATUTE-
(a) Ownership interests
The ownership interests of members of a risk retention group
shall be considered to be -
(1) exempted securities for purposes of section 77e of title 15
and for purposes of section 78l of title 15; and
(2) securities for purposes of the provisions of section 77q of
title 15 and the provisions of section 78j of title 15.
(b) Investment Company Act
A risk retention group shall not be considered to be an
investment company for purposes of the Investment Company Act of
1940 (15 U.S.C. 80a-1 et seq.).
(c) Blue sky law
The ownership interests of members in a risk retention group
shall not be considered securities for purposes of any State blue
sky law.

-SOURCE-
(Pub. L. 96-510, title IV, Sec. 405, as added Pub. L. 99-499, title
II, Sec. 210(a), formerly Sec. 210, Oct. 17, 1986, 100 Stat. 1719;
renumbered Sec. 210(a), Pub. L. 99-563, Sec. 11(c)(1), Oct. 27,
1986, 100 Stat. 3177.)

-REFTEXT-
REFERENCES IN TEXT
The Investment Company Act of 1940, referred to in subsec. (b),
is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, as amended,
which is classified generally to subchapter I (Sec. 80a-1 et seq.)
of chapter 2D of Title 15, Commerce and Trade. For complete
classification of this Act to the Code, see section 80a-51 of Title
15 and Tables.

-End-