---
kind: "section"
citation: "42 U.S.C. § 9671"
title: "42"
title_heading: "The Public Health and Welfare"
number: "9671"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/9671"
units:
  - "Chapter 103 — Comprehensive Environmental Response, Compensation, and Liability"
  - "Subchapter IV — Pollution Insurance"
---

# §9671. Definitions


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](/usc/42/9601.md?p=27) or Federal law.
- (2) **Pollution liability—** The term “pollution liability” means [liability](/usc/42/9601.md?p=32) for injuries arising from the [release](/usc/42/9601.md?p=22) of [hazardous substances](/usc/42/9601.md?p=14) or pollutants or contaminants.
- (3) **Risk retention group—** The term “risk retention group” means any [corporation](/usc/42/2297h.md?p=2) or other limited [liability](/usc/42/9601.md?p=32) association taxable as a [corporation](/usc/42/2297h.md?p=2), or as an [insurance](#1) company, formed under the laws of any [State](/usc/42/9601.md?p=27)—
  - (A) whose primary activity consists of assuming and spreading all, or any portion, of the [pollution liability](#2) of its group members;
  - (B) which is organized for the primary purpose of conducting the activity described under [subparagraph (A)](#3-A);
  - (C) which is chartered or licensed as an [insurance](#1) company and authorized to engage in the business of [insurance](#1) under the laws of any [State](/usc/42/9601.md?p=27); and
  - (D) which does not exclude any [person](/usc/42/9601.md?p=21) from membership in the group solely to provide for members of such a group a competitive advantage over such a [person](/usc/42/9601.md?p=21).
- (4) **Purchasing group—** The term “purchasing group” means any group of [persons](/usc/42/9601.md?p=21) which has as one of its purposes the purchase of [pollution liability](#2) [insurance](#1) on a group basis.
- (5) **State—** The term “[State](/usc/42/9601.md?p=27)” means any [State](/usc/42/9601.md?p=27) of the [United States](/usc/42/9601.md?p=27), 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](/usc/42/9601.md?p=27) has jurisdiction.

## Source credit

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

## Notes

### Statutory Notes and Related Subsidiaries

### State Powers and Authorities Under Risk Retention Amendments of 1986

Pub. L. 99–499, title II, § 210(b), as added by Pub. L. 99–563, § 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].”