---
kind: "section"
citation: "42 U.S.C. § 9651"
title: "42"
title_heading: "The Public Health and Welfare"
number: "9651"
heading: "Reports and studies"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/9651"
units:
  - "Chapter 103 — Comprehensive Environmental Response, Compensation, and Liability"
  - "Subchapter III — Miscellaneous Provisions"
---

# §9651. Reports and studies

- (a) **Implementation experiences; identification and disposal of waste—**
  - (1) The President shall submit to the Congress, within four years after December 11, 1980, a comprehensive report on experience with the implementation of this chapter including, but not limited to—
    - (A) the extent to which the chapter and [Fund](/usc/42/9601.md?p=11) are effective in enabling Government to [respond](/usc/42/9601.md?p=25) to and mitigate the effects of [releases](/usc/42/9601.md?p=22) of [hazardous substances](/usc/42/9601.md?p=14);
    - (B) a summary of past receipts and disbursements from the [Fund](/usc/42/9601.md?p=11);
    - (C) a projection of any future funding needs remaining after the expiration of authority to collect taxes, and of the threat to public health, welfare, and the [environment](/usc/42/9601.md?p=8) posed by the projected [releases](/usc/42/9601.md?p=22) which create any such needs;
    - (D) the record and experience of the [Fund](/usc/42/9601.md?p=11) in recovering [Fund](/usc/42/9601.md?p=11) disbursements from [liable](/usc/42/9601.md?p=32) parties;
    - (E) the record of [State](/usc/42/9601.md?p=27) participation in the system of [response](/usc/42/9601.md?p=25), [liability](/usc/42/9601.md?p=32), and compensation established by this chapter;
    - (F) the impact of the taxes imposed by subchapter II[^1] of this chapter on the Nation’s balance of trade with other countries;
    - (G) an assessment of the feasibility and desirability of a schedule of taxes which would take into account one or more of the following: the likelihood of a [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14), the degree of hazard and risk of harm to public health, welfare, and the [environment](/usc/42/9601.md?p=8) resulting from any such [release](/usc/42/9601.md?p=22), incentives to proper handling, recycling, incineration, and neutralization of [hazardous wastes](/usc/42/9601.md?p=29), and disincentives to improper or illegal handling or [disposal](/usc/42/9601.md?p=29) of hazardous materials, administrative and reporting burdens on Government and industry, and the extent to which the tax burden falls on the substances and parties which create the problems addressed by this chapter. In preparing the report, the President shall consult with appropriate Federal, [State](/usc/42/9601.md?p=27), and local [agencies](/usc/42/8262.md?p=1), affected industries and [claimants](/usc/42/9601.md?p=5), and such other interested parties as he may find useful. Based upon the analyses and consultation required by this subsection, the President shall also include in the report any recommendations for legislative changes he may deem necessary for the better effectuation of the purposes of this chapter, including but not limited to recommendations concerning authorization levels, taxes, [State](/usc/42/9601.md?p=27) participation, [liability](/usc/42/9601.md?p=32) and [liability](/usc/42/9601.md?p=32) limits, and financial responsibility provisions for the [Response](/usc/42/9601.md?p=25) [Trust Fund](/usc/42/9601.md?p=11) and the Post-closure [Liability](/usc/42/9601.md?p=32) [Trust Fund](/usc/42/9601.md?p=11);
    - (H) an exemption from or an increase in the substances or the amount of taxes imposed by [section 4661 of title 26](/usc/26/4661.md) for copper, lead, and zinc oxide, and for feedstocks when used in the manufacture and production of fertilizers, based upon the expenditure experience of the [Response](/usc/42/9601.md?p=25) [Trust Fund](/usc/42/9601.md?p=11);
    - (I) the economic impact of taxing coal-derived substances and recycled metals.
  - (2) The [Administrator](/usc/42/9601.md?p=2) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) (in consultation with the [Secretary](/usc/42/242q–4.md?p=2) of the Treasury) shall submit to the Congress (i) within four years after December 11, 1980, a report identifying additional wastes designated by rule as hazardous after the effective date of this chapter and pursuant to section 3001 of the Solid Waste Disposal Act [[42 U.S.C. 6921](/usc/42/6921.md)] and recommendations on appropriate tax rates for such wastes for the Post-closure [Liability](/usc/42/9601.md?p=32) [Trust Fund](/usc/42/9601.md?p=11). The report shall, in addition, recommend a tax rate, considering the quantity and potential danger to human health and the [environment](/usc/42/9601.md?p=8) posed by the [disposal](/usc/42/9601.md?p=29) of any wastes which the [Administrator](/usc/42/9601.md?p=2), pursuant to subsection 3001(b)(2)(B) and subsection 3001(b)(3)(A) of the Solid Waste Disposal Act of 1980 [[42 U.S.C. 6921(b)(2)(B)](/usc/42/6921.md?p=b-2-B) and 6921(b)(3)(A)], has determined should be subject to regulation under subtitle C of such Act [[42 U.S.C. 6921](/usc/42/6921.md) et seq.], (ii) within three years after December 11, 1980, a report on the necessity for and the adequacy of the revenue raised, in relation to estimated future requirements, of the Post-closure [Liability](/usc/42/9601.md?p=32) [Trust Fund](/usc/42/9601.md?p=11).
- (b) **Private insurance protection—** The President shall conduct a study to determine (1) whether adequate private insurance protection is available on reasonable terms and conditions to the [owners](/usc/42/13641.md?p=4) and operators of [vessels](/usc/42/9601.md?p=28) and [facilities](/usc/42/9601.md?p=9) subject to [liability](/usc/42/9601.md?p=32) under [section 9607 of this title](/usc/42/9607.md), and (2) whether the market for such insurance is sufficiently competitive to assure purchasers of features such as a reasonable range of deductibles, coinsurance provisions, and exclusions. The President shall submit the results of his study, together with his recommendations, within two years of December 11, 1980, and shall submit an interim report on his study within one year of December 11, 1980.
- (c) **Regulations respecting assessment of damages to natural resources—**
  - (1) The President, acting through Federal officials designated by the [National Contingency Plan](/usc/42/9601.md?p=31) published under [section 9605 of this title](/usc/42/9605.md), shall study and, not later than two years after December 11, 1980, shall promulgate regulations for the assessment of [damages](/usc/42/9601.md?p=6) for injury to, destruction of, or loss of [natural resources](/usc/42/9601.md?p=16) resulting from a [release](/usc/42/9601.md?p=22) of oil or a [hazardous substance](/usc/42/9601.md?p=14) for the purposes of this chapter and [section 1321(f)(4)](/usc/42/1321.md) and (5) of title 33. 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.
  - (2) Such regulations shall specify (A) standard procedures for simplified assessments requiring minimal field observation, including establishing measures of [damages](/usc/42/9601.md?p=6) based on units of discharge or [release](/usc/42/9601.md?p=22) or units of affected area, and (B) alternative protocols for conducting assessments in individual cases to determine the type and extent of short- and long-term injury, destruction, or loss. Such regulations shall identify the best available procedures to determine such [damages](/usc/42/9601.md?p=6), including both direct and indirect injury, destruction, or loss and shall take into consideration factors including, but not limited to, replacement value, use value, and ability of the ecosystem or resource to recover.
  - (3) Such regulations shall be reviewed and revised as appropriate every two years.
- (d) **Issues, alternatives, and policy considerations involving selection of locations for waste treatment, storage, and disposal facilities—** The [Administrator](/usc/42/9601.md?p=2) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) shall, in consultation with other Federal [agencies](/usc/42/8262.md?p=1) and appropriate representatives of [State](/usc/42/9601.md?p=27) and local governments and non­governmental [agencies](/usc/42/8262.md?p=1), conduct a study and report to the Congress within two years of December 11, 1980, on the issues, alternatives, and policy considerations involved in the selection of locations for [hazardous waste](/usc/42/9601.md?p=29) [treatment](/usc/42/9601.md?p=29), storage, and [disposal](/usc/42/9601.md?p=29) [facilities](/usc/42/9601.md?p=9). This study shall include—
  - (A) an assessment of current and projected [treatment](/usc/42/9601.md?p=29), storage, and [disposal](/usc/42/9601.md?p=29) capacity needs and shortfalls for [hazardous waste](/usc/42/9601.md?p=29) by management category on a [State](/usc/42/9601.md?p=27)-by-[State](/usc/42/9601.md?p=27) basis;
  - (B) an evaluation of the appropriateness of a regional approach to siting and designing [hazardous waste](/usc/42/9601.md?p=29) management [facilities](/usc/42/9601.md?p=9) and the identification of [hazardous waste](/usc/42/9601.md?p=29) management regions, interstate or intrastate, or both, with similar [hazardous waste](/usc/42/9601.md?p=29) management needs;
  - (C) solicitation and analysis of proposals for the [construction](/usc/42/300s–3.md?p=7) and operation of [hazardous waste](/usc/42/9601.md?p=29) management [facilities](/usc/42/9601.md?p=9) by nongovernmental entities, except that no proposal solicited under terms of this subsection shall be analyzed if it involves cost to the [United States](/usc/42/9601.md?p=27) Government or fails to comply with the requirements of subtitle C of the Solid Waste Disposal Act [[42 U.S.C. 6921](/usc/42/6921.md) et seq.] and other applicable provisions of law;
  - (D) recommendations on the appropriate balance between public and private sector involvement in the siting, design, and operation of new [hazardous waste](/usc/42/9601.md?p=29) management [facilities](/usc/42/9601.md?p=9);
  - (E) documentation of the major reasons for public opposition to new [hazardous waste](/usc/42/9601.md?p=29) management [facilities](/usc/42/9601.md?p=9); and
  - (F) an evaluation of the various options for overcoming obstacles to siting new [facilities](/usc/42/9601.md?p=9), including needed legislation for implementing the most suitable option or options.
- (e) **Adequacy of existing common law and statutory remedies—**
  - (1) In order to determine the adequacy of existing common law and statutory [remedies](/usc/42/9601.md?p=24) in providing legal redress for harm to man and the [environment](/usc/42/9601.md?p=8) caused by the [release](/usc/42/9601.md?p=22) of [hazardous substances](/usc/42/9601.md?p=14) into the [environment](/usc/42/9601.md?p=8), there shall be submitted to the Congress a study within twelve months of December 11, 1980.
  - (2) This study shall be conducted with the assistance of the American Bar Association, the American Law Institute, the Association of American Trial Lawyers, and the National Association of [State](/usc/42/9601.md?p=27) Attorneys General with the President of each entity selecting three members from each organization to conduct the study. The study chairman and one reporter shall be elected from among the twelve members of the study group.
  - (3) As part of their review of the adequacy of existing common law and statutory [remedies](/usc/42/9601.md?p=24), the study group shall evaluate the following:
    - (A) the nature, adequacy, and availability of existing [remedies](/usc/42/9601.md?p=24) under present law in compensating for harm to man from the [release](/usc/42/9601.md?p=22) of [hazardous substances](/usc/42/9601.md?p=14);
    - (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](/usc/42/9601.md?p=22) of [hazardous substances](/usc/42/9601.md?p=14), 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](/usc/42/9601.md?p=14) over long periods of time;
    - (D) the nature and adequacy of existing [remedies](/usc/42/9601.md?p=24) under present law in providing compensation for [damages](/usc/42/9601.md?p=6) to [natural resources](/usc/42/9601.md?p=16) from the [release](/usc/42/9601.md?p=22) of [hazardous substances](/usc/42/9601.md?p=14);
    - (E) the scope of [liability](/usc/42/9601.md?p=32) under existing law and the consequences, particularly with respect to obtaining insurance, of any changes in such [liability](/usc/42/9601.md?p=32);
    - (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](/usc/42/9601.md?p=27).
  - (5) The [Fund](/usc/42/9601.md?p=11) 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](/usc/42/9601.md?p=2) of the Environmental Protection [Agency](/usc/42/8262.md?p=1), the [Secretary](/usc/42/242q–4.md?p=2) of [Transportation](/usc/42/9601.md?p=26), the [Administrator](/usc/42/9601.md?p=2) of the Occupational Safety and Health Administration, and the [Director](/usc/42/11851.md?p=5) 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](/usc/42/9601.md?p=31) to provide for the protection of the health and safety of employees involved in [response](/usc/42/9601.md?p=25) actions.
- (g) **Insurability study—**
  - (1) **Study by Comptroller General—** The Comptroller General of the [United States](/usc/42/9601.md?p=27), in consultation with the [persons](/usc/42/9601.md?p=21) described in [paragraph (2)](#g-2), shall undertake a study to determine the insurability, and effects on the standard of care, of the [liability](/usc/42/9601.md?p=32) of each of the following:
    - (A) [Persons](/usc/42/9601.md?p=21) who [generate](/usc/42/2021b.md?p=8) [hazardous substances](/usc/42/9601.md?p=14): [liability](/usc/42/9601.md?p=32) for costs and [damages](/usc/42/9601.md?p=6) under this chapter.
    - (B) [Persons](/usc/42/9601.md?p=21) who own or operate [facilities](/usc/42/9601.md?p=9): [liability](/usc/42/9601.md?p=32) for costs and [damages](/usc/42/9601.md?p=6) under this chapter.
    - (C) [Persons](/usc/42/9601.md?p=21) [liable](/usc/42/9601.md?p=32) for injury to [persons](/usc/42/9601.md?p=21) or property caused by the [release](/usc/42/9601.md?p=22) of [hazardous substances](/usc/42/9601.md?p=14) into the [environment](/usc/42/9601.md?p=8).
  - (2) **Consultation—** In conducting the study under this subsection, the Comptroller General shall consult with the following:
    - (A) Representatives of the [Administrator](/usc/42/9601.md?p=2).
    - (B) Representatives of [persons](/usc/42/9601.md?p=21) described in subparagraphs [(A)](#g-2-A) through [(C)](#g-2-C) of the preceding paragraph.
    - (C) Representatives (i) of groups or organizations comprised generally of [persons](/usc/42/9601.md?p=21) adversely affected by [releases](/usc/42/9601.md?p=22) or threatened [releases](/usc/42/9601.md?p=22) of [hazardous substances](/usc/42/9601.md?p=14) and (ii) of groups organized for protecting the interests of consumers.
    - (D) Representatives of property and casualty insurers.
    - (E) Representatives of reinsurers.
    - (F) [Persons](/usc/42/9601.md?p=21) responsible for the regulation of insurance at the [State](/usc/42/9601.md?p=27) 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](/usc/42/9601.md?p=24).
    - (C) The impact of possible changes in traditional standards of [liability](/usc/42/9601.md?p=32), proof, evidence, and [damages](/usc/42/9601.md?p=6) on existing statutory and common law [remedies](/usc/42/9601.md?p=24).
    - (D) The effect of the standard of [liability](/usc/42/9601.md?p=32) and extent of the [persons](/usc/42/9601.md?p=21) upon whom it is imposed under this chapter on the protection of human health and the [environment](/usc/42/9601.md?p=8) and on the availability, underwriting, and pricing of insurance coverage.
    - (E) Current trends, if any, in the judicial interpretation and [construction](/usc/42/300s–3.md?p=7) 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](/usc/42/9601.md?p=4) closed during the calendar year immediately preceding October 17, 1986.
    - (G) Impediments to the acquisition of insurance or other means of obtaining [liability](/usc/42/9601.md?p=32) coverage other than those referred to in the preceding subparagraphs.
    - (H) The effects of the standards of [liability](/usc/42/9601.md?p=32) and financial responsibility requirements imposed pursuant to this chapter on the cost of, and incentives for, developing and demonstrating alternative and innovative [treatment](/usc/42/9601.md?p=29) 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.

## Footnotes

[^1]: See References in Text note below.

## Source credit

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

## Notes

### Editorial Notes

### 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, 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, §§ 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, § 2, Oct. 21, 1976, 90 Stat. 2795. Subtitle C of the Solid Waste Disposal Act is classified generally to subchapter III (§ 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.

### 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.

### 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, § 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, § 208, added subsec. (g).

Subsec. (h). Pub. L. 99–499, § 212, added subsec. (h).