dreamproit/uscode huggingface dataset:
42 U.S.C. § 9674 (THE PUBLIC HEALTH AND WELFARE)
§ 9674. Purchasing groups
(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.
(Pub. L. 96–510, title IV, § 404, as added Pub. L. 99–499, title II, § 210(a), formerly § 210, Oct. 17, 1986, 100 Stat. 1718; renumbered § 210(a), Pub. L. 99–563, § 11(c)(1), Oct. 27, 1986, 100 Stat. 3177.)
42 U.S.C. § 9675 (THE PUBLIC HEALTH AND WELFARE)
§ 9675. Applicability of securities laws
(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.
(Pub. L. 96–510, title IV, § 405, as added Pub. L. 99–499, title II, § 210(a), formerly § 210, Oct. 17, 1986, 100 Stat. 1719; renumbered § 210(a), Pub. L. 99–563, § 11(c)(1), Oct. 27, 1986, 100 Stat. 3177.)
heading: References in Text
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 (§ 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.
42 U.S.C. § 9701 (THE PUBLIC HEALTH AND WELFARE)
§ 9701. Congressional findings and declaration of policy
(a) The Congress finds that—
(1) nuclear energy is one of the two major energy sources available for electric energy production in the United States during the balance of the twentieth century;
(2) continued development of nuclear power is dependent upon maintaining an extremely high level of safety in the operation of nuclear plants, and on public recognition that these facilities do not constitute a significant threat to human health or safety;
(3) it is the responsibility of utilities, as owners and operators of nuclear powerplants, to assure that such plants are designed and operated safely and reliably; and
(4) a proper role of the Federal Government in assuring nuclear powerplant safety, in addition to its regulatory function, is the conduct of a research, development, and demonstration program to provide important scientific and technical information which can contribute to sound design and safe operation of these plants.
(b) It is declared to be the policy of the United States and the purpose of this chapter to establish a research, development, and demonstration program for developing practical improvements in the generic safety of nuclear powerplants during the next five years, beginning in the fiscal year 1981. The objectives of such program shall be—
(1) to reduce the likelihood and severity of potentially serious nuclear powerplant accidents; and
(2) to reduce the likelihood of disrupting the population in the vicinity of nuclear powerplants as the result of nuclear powerplant accidents.
Nothing in this chapter shall be construed as preventing the Secretary from undertaking projects or activities, in addition to those specified in this chapter, which appropriately further the purpose and objectives set forth in this subsection. Nothing in this chapter shall authorize the Secretary to assume responsibility for the management, cleanup or repair of any commercial nuclear powerplant. Nothing in this chapter shall be construed as limiting the authority of the Secretary under any other law.
(Pub. L. 96–567, § 2, Dec. 22, 1980, 94 Stat. 3329.)
heading: Short Title
text: Pub. L. 96–567, § 1, Dec. 22, 1980, 94 Stat. 3329, provided: “That this Act [enacting this chapter] may be cited as the ‘Nuclear Safety Research, Development, and Demonstration Act of 1980’.”
42 U.S.C. § 9702 (THE PUBLIC HEALTH AND WELFARE)
§ 9702. Definitions
For purposes of this chapter—
(1) the term “Secretary” means the Secretary of Energy;
(2) the term “Government agency” means any department, agency, commission, or independent establishment in the executive branch of the Federal Government, or any corporation, wholly or partly owned by the United States, 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 Federal Government;
(3) the term “Commission” means the Nuclear Regulatory Commission; and
(4) the term “Advisory Committee” means the Advisory Committee on Reactor Safeguards established by section 2039 of this title.
(Pub. L. 96–567, § 3, Dec. 22, 1980, 94 Stat. 3329.)
42 U.S.C. § 9704 (THE PUBLIC HEALTH AND WELFARE)
§ 9704. National reactor engineering simulator feasibility study
(a) Consultative requirements; purpose
The Secretary, in consultation with the Commission and the Advisory Committee, shall initiate a study of the need for and feasibility of establishing a reactor engineering simulator facility at a national laboratory, for the primary purpose of fostering research in generic design improvements and simplifications through the simulation of the performance of various types of light water reactors under a wide variety of abnormal conditions and postulated accident conditions.
(b) Applicability of relevant factors
In performing the study, the Secretary shall consider relevant factors including, but not limited to—
(1) the potential advantages that would accrue from the establishment of such a facility;
(2) the extent to which such a facility would further the generic safety research and development program established by this chapter;
(3) the extent to which such a facility can be established by nongovernmental entities;
(4) the opportunities for cost sharing by nongovernmental entities in the construction and operation of such a facility;
(5) the importance of such a facility in emergencies to limit the extent of any future nuclear powerplant excursions;
(6) the potential for international cooperation in the establishment and operation of such a facility; and
(7) the appropriate national laboratory for siting such a facility.
(c) Report to Congressional committees
The Secretary shall, by January 1, 1982, submit to the Committee on Science and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report characterizing the study and the resulting conclusions and recommendations.
(Pub. L. 96–567, § 5, Dec. 22, 1980, 94 Stat. 3331.)
heading: Change of Name
text: Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
heading: Transfer of Functions
text: For transfer of certain functions from Nuclear Regulatory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of this title.
42 U.S.C. § 9705 (THE PUBLIC HEALTH AND WELFARE)
§ 9705. Federal Nuclear Operations Corps’ study
(a) Cooperation and coordination requirements; purpose
The Secretary, in cooperation with the Nuclear Regulatory Commission, shall initiate a study as to the sufficiency of efforts in the United States to provide specially trained professionals to operate the controls of nuclear powerplants and other facilities in the back-end of the nuclear fuel cycle. In carrying out the study, the Secretary shall coordinate his activities with the ongoing programs of the utility industry and other Federal governmental agencies for obtaining high standards of operator performance.
(b) Assessments
(1) In conducting the study the Secretary shall assess the desirability and feasibility of creating a Federal Corps of such professionals to inspect and supervise such operations.
(2) The assessment shall consider the establishment of an academy to train Corps professionals in all aspects of nuclear technology, nuclear operations, nuclear regulatory and related law, and health science.
(3) The assessment shall include the appropriate organizational approach for the establishment of a Federal Corps within the executive branch.
(c) Report to Congress
The Secretary shall complete the study within one year after December 22, 1980, and shall submit a report along with his recommendations to the Congress.
(Pub. L. 96–567, § 6, Dec. 22, 1980, 94 Stat. 3332.)
heading: Transfer of Functions
text: For transfer of certain functions from Nuclear Regulatory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of this title.
42 U.S.C. § 9706 (THE PUBLIC HEALTH AND WELFARE)
§ 9706. Dissemination of information
The Secretary shall assure that full and complete safety-related information resulting from any project or other activity conducted under this chapter is made available in a timely manner to appropriate committees of Congress, Federal, State, and local authorities, relevant segments of private industry, the scientific community, and the public.
(Pub. L. 96–567, § 7, Dec. 22, 1980, 94 Stat. 3332.)
42 U.S.C. § 9707 (THE PUBLIC HEALTH AND WELFARE)
§ 9707. Comprehensive program management plan
(a) Preparation; scope; consultative requirements
The Secretary is authorized and directed to prepare a comprehensive program management plan for the conduct of research, development, and demonstration activities under this chapter consistent with the provisions of section 9703 of this title. In the preparation of such plan, the Secretary shall consult with the Commission and the Advisory Committee and with the heads of such other Government agencies and such public and private organizations as he deems appropriate.
(b) Transmission to Congressional committees; revisions
The Secretary shall transmit the comprehensive program management plan along with any comments by the Commission on the plan to the Committee on Science and Technology of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate within twelve months after December 22, 1980. Revisions to the plan shall be transmitted to such committees whenever deemed appropriate by the Secretary.
(Pub. L. 96–567, § 8, Dec. 22, 1980, 94 Stat. 3332; Pub. L. 104–66, title I, § 1051(l), Dec. 21, 1995, 109 Stat. 717.)
heading: Amendments
text: 1995—Subsec. (c). Pub. L. 104–66 struck out subsec. (c) which directed Secretary of Energy to transmit to Congress, concurrently with submission of President’s annual budget to Congress, detailed description of comprehensive plan as then in effect.
heading: Change of Name
text: Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
heading: Transfer of Functions
text: For transfer of certain functions from Nuclear Regulatory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of this title.
42 U.S.C. § 9802 (THE PUBLIC HEALTH AND WELFARE)
§ 9802. “Community development corporation” defined
For purposes of this subchapter, the term “community development corporation” means a nonprofit organization responsible to residents of the area it serves which is receiving financial assistance under part A of this subchapter and any organization more than 50 percent of which is owned by such an organization, or otherwise controlled by such an organization, or designated by such an organization for the purpose of this subchapter.
(Pub. L. 97–35, title VI, § 613, Aug. 13, 1981, 95 Stat. 489.)
42 U.S.C. § 9803 (THE PUBLIC HEALTH AND WELFARE)
§ 9803. Repealed. Pub. L. 105–285, title II, § 202(b)(1), Oct. 27, 1998, 112 Stat. 2755
text: Section, Pub. L. 97–35, title VI, § 614, Aug. 13, 1981, 95 Stat. 489; Pub. L. 99–425, title IV, § 405(c)(3), Sept. 30, 1986, 100 Stat. 970, related to source of funds for carrying out this subchapter.
42 U.S.C. § 9805 (THE PUBLIC HEALTH AND WELFARE)
§ 9805. Statement of purpose
The purpose of this part is to establish special programs of assistance to nonprofit private locally initiated community development corporations which (1) are directed to the solution of the critical problems existing in particular communities or neighborhoods (defined without regard to political or other subdivisions or boundaries) within those urban and rural areas having concentrations or substantial numbers of low-income persons; (2) are of sufficient size, scope, and duration to have an appreciable impact in such communities, neighborhoods, and rural areas in arresting tendencies toward dependency, chronic unemployment, and community deterioration; (3) hold forth the prospect of continuing to have such impact after the termination of financial assistance under this part; and (4) provide financial and other assistance to start, expand, or locate enterprises in or near the area to be served so as to provide employment and ownership opportunities for residents of such areas, including those who are disadvantaged in the labor market because of their limited speaking, reading, and writing abilities in the English language.
(Pub. L. 97–35, title VI, § 616, Aug. 13, 1981, 95 Stat. 490.)
42 U.S.C. § 9808 (THE PUBLIC HEALTH AND WELFARE)
§ 9808. Federal share; amount; availability; ownership of property acquired with Federal financial assistance
(a)
(1) Assistance provided under this subchapter to any program described in section 9807(a) of this title shall not exceed 90 percent of the cost of such program, including costs of administration, unless the Secretary determines that the assistance in excess of such percentage is required in furtherance of the purposes of this subchapter. Non-Federal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant, equipment, and services.
(2) The assistance referred to in paragraph (1) shall be made available (A) for deposit to the order of grantees which have demonstrated successful program performance, under conditions which the Secretary deems appropriate, within 30 days following approval of the grant agreement by the Secretary and such grantee; or (B) whenever the Secretary deems appropriate, in accordance with applicable rules and regulations prescribed by the Secretary of the Treasury, and including any other conditions which the Secretary of Health and Human Services deems appropriate, within 30 days following approval of the grant agreement by the Secretary and such grantee.
(b) Property acquired as a result of capital investments made by any community development corporation with funds granted as its Federal share of the cost of programs carried out under this subchapter, and the proceeds from such property, shall become the property of the community development corporation and shall not be considered to be Federal property. The Federal Government retains the right to direct that on severance of the grant relationship the assets purchased with grant funds shall continue to be used for the original purpose for which they were granted.
(Pub. L. 97–35, title VI, § 619, Aug. 13, 1981, 95 Stat. 493.)
42 U.S.C. § 9809 (THE PUBLIC HEALTH AND WELFARE)
§ 9809. Statement of purpose
It is the purpose of this part to meet the special economic needs of rural communities or areas with concentrations or substantial numbers of low-income persons by providing support to self-help programs which promote economic development and independence, as a supplement to existing similar programs conducted by other departments and agencies of the Federal Government. Such programs should encourage low-income families to pool their talents and resources so as to create and expand rural economic enterprise.
(Pub. L. 97–35, title VI, § 620, Aug. 13, 1981, 95 Stat. 493.)
42 U.S.C. § 9810 (THE PUBLIC HEALTH AND WELFARE)
§ 9810. Financial assistance to low-income families, local cooperative associations, and local public or private nonprofit organizations or entities; amount, purposes, etc.
(a) The Secretary is authorized to provide financial assistance, including loans having a maximum maturity of fifteen years and in amounts not resulting in an aggregate principal indebtedness of more than $3,500 at any one time, to any low-income rural family where, in the judgment of the Secretary, such financial assistance has a reasonable possibility of effecting a permanent increase in the income of such families, or will contribute to the improvement of their living or housing conditions, by assisting or permitting them to—
(1) acquire or improve real estate or reduce encumbrances or erect improvements thereon;
(2) operate or improve the operation of farms not larger than family sized, including but not limited to the purchase of feed, seed, fertilizer, livestock, poultry, and equipment; or
(3) participate in cooperative associations, or finance nonagricultral 1 enterprises which will enable such families to supplement their income.
(b) The Secretary is authorized to provide financial assistance to local cooperative associations or local public and private nonprofit organizations or agencies in rural areas containing concentrations or substantial numbers of low-income persons for the purpose of defraying all or part of the costs of establishing and operating cooperative programs for farming, purchasing, marketing, processing, and to improve their income as producers and their purchasing power as consumers, and to provide such essentials as credit and health services. Costs which may be defrayed shall include—
(1) administrative costs of staff and overhead;
(2) costs of planning and developing new enterprises;
(3) costs of acquiring technical assistance; and
(4) initial capital where it is determined by the Secretary that the poverty of the families participating in the program and the social conditions of the rural area require such assistance.
(Pub. L. 97–35, title VI, § 621, Aug. 13, 1981, 95 Stat. 493.)
42 U.S.C. § 9811 (THE PUBLIC HEALTH AND WELFARE)
§ 9811. Limitation on assistance
No financial assistance shall be provided under this part unless the Secretary determines that—
(1) any cooperative association receiving assistance has a minimum of fifteen active members, a majority of which are low-income rural persons;
(2) adequate technical assistance is made available and committed to the programs being supported;
(3) such financial assistance will materially further the purposes of this part; and
(4) the applicant is fulfilling or will fulfill a need for services, supplies, or facilities which is otherwise not being met.
(Pub. L. 97–35, title VI, § 622, Aug. 13, 1981, 95 Stat. 494.)
42 U.S.C. § 9813 (THE PUBLIC HEALTH AND WELFARE)
§ 9813. Model Community Economic Development Finance Corporation; establishment; functions
To the extent he deems appropriate, the Secretary shall utilize funds available under this part to prepare a plan of action for the establishment of a Model Community Economic Development Finance Corporation to provide a user-controlled independent and professionally operated long-term financing vehicle with the principal purpose of providing financial support for community economic development corporations, cooperatives, other affiliated and supportive agencies and organizations associated with community economic development corporations, and other entities eligible for assistance under this subchapter.
(Pub. L. 97–35, title VI, § 624, Aug. 13, 1981, 95 Stat. 495.)
42 U.S.C. § 9814 (THE PUBLIC HEALTH AND WELFARE)
§ 9814. Training and technical assistance
(a) Grants, contracts, and other arrangements; preconditions
The Secretary shall provide, directly or through grants, contracts, or other arrangements, such technical assistance and training of personnel as may be required to effectively implement the purposes of this subchapter. No financial assistance shall be provided to any public or private organization under this section unless the Secretary provides the beneficiaries of these services with opportunity to participate in the selection of and to review the quality and utility of the services furnished them by such organization.
(b) Technical assistance to community development corporations and urban and rural cooperatives
Technical assistance to community development corporations and both urban and rural cooperatives may include planning, management, legal assistance or support, preparation of feasibility studies, product development, marketing, and the provision of stipends to encourage skilled professionals to engage in full-time activities under the direction of a community organization financially assisted under this subchapter.
(c) Training for employees of community development corporations and employees and members of urban and rural cooperatives
Training for employees of community development corporations and for employees and members of urban and rural cooperatives shall include on-the-job training, classroom instruction, and scholarships to assist them in development, managerial, entrepreneurial, planning, and other technical and organizational skills which will contribute to the effectiveness of programs assisted under this subchapter.
(Pub. L. 97–35, title VI, § 625, Aug. 13, 1981, 95 Stat. 496.)