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42 U.S.C. § 18054 — Multi-State plans

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 18054 — Multi-State plans

**(a) Oversight by the Office of Personnel Management** (1) **In general** — The Director of the Office of Personnel Management (referred to in this section as the “Director”) shall enter into contracts with health insurance issuers (which may include a group of health insurance issuers affiliated either by common ownership and control or by the common use of a nationally licensed service mark), without regard to [section 6101 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6101&num=0&edition=prelim) or other statutes requiring competitive bidding, to offer at least 2 multi-State qualified health plans through each Exchange in each State. Such plans shall provide individual, or in the case of small employers, group coverage. (2) **Terms** — Each contract entered into under paragraph (1) shall be for a uniform term of at least 1 year, but may be made automatically renewable from term to term in the absence of notice of termination by either party. In entering into such contracts, the Director shall ensure that health benefits coverage is provided in accordance with the types of coverage provided for under section 2701(a)(1)(A)(i) of the Public Health Service Act [[42 U.S.C. 300gg(a)(1)(A)(i)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg/a/1/A/i&num=0&edition=prelim)]. (3) **Non-profit entities** — In entering into contracts under paragraph (1), the Director shall ensure that at least one contract is entered into with a non-profit entity. (4) **Administration** — The Director shall implement this subsection in a manner similar to the manner in which the Director implements the contracting provisions with respect to carriers under the Federal employees health benefit program 11 So in original

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Source location: Title 42, Chapter 157, § 18054; chapter-157-quality-affordable-health-care-for-all-americans.md

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**(a) Oversight by the Office of Personnel Management** (1) **In general** — The Director of the Office of Personnel Management (referred to in this section as the “Director”) shall enter into contracts with health insurance issuers (which may include a group of health insurance issuers affiliated either by common ownership and control or by the common use of a nationally licensed service mark), without regard to [section 6101 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6101&num=0&edition=prelim) or other statutes requiring competitive bidding, to offer at least 2 multi-State qualified health plans through each Exchange in each State. Such plans shall provide individual, or in the case of small employers, group coverage. (2) **Terms** — Each contract entered into under paragraph (1) shall be for a uniform term of at least 1 year, but may be made automatically renewable from term to term in the absence of notice of termination by either party. In entering into such contracts, the Director shall ensure that health benefits coverage is provided in accordance with the types of coverage provided for under section 2701(a)(1)(A)(i) of the Public Health Service Act [[42 U.S.C. 300gg(a)(1)(A)(i)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg/a/1/A/i&num=0&edition=prelim)]. (3) **Non-profit entities** — In entering into contracts under paragraph (1), the Director shall ensure that at least one contract is entered into with a non-profit entity. (4) **Administration** — The Director shall implement this subsection in a manner similar to the manner in which the Director implements the contracting provisions with respect to carriers under the Federal employees health benefit program 11 So in original. The words “employees health benefit program” probably should be capitalized. under chapter 89 of title 5, including (through negotiating with each multi-state 22 So in original. Probably should be “multi-State”. plan)— (A) a medical loss ratio; (B) a profit margin; (C) the premiums to be charged; and (D) such other terms and conditions of coverage as are in the interests of enrollees in such plans. (5) **Authority to protect consumers** — The Director may prohibit the offering of any multi-State health plan that does not meet the terms and conditions defined by the Director with respect to the elements described in subparagraphs (A) through (D) of paragraph (4). (6) **Assured availability of varied coverage** — In entering into contracts under this subsection, the Director shall ensure that with respect to multi-State qualified health plans offered in an Exchange, there is at least one such plan that does not provide coverage of services described in [section 18023(b)(1)(B)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18023/b/1/B/i&num=0&edition=prelim). (7) **Withdrawal** — Approval of a contract under this subsection may be withdrawn by the Director only after notice and opportunity for hearing to the issuer concerned without regard to subchapter II of chapter 5 and chapter 7 of title 5. **(b) Eligibility** A health insurance issuer shall be eligible to enter into a contract under subsection (a)(1) if such issuer— (1) agrees to offer a multi-State qualified health plan that meets the requirements of subsection (c) in each Exchange in each State; (2) is licensed in each State and is subject to all requirements of State law not inconsistent with this section, including the standards and requirements that a State imposes that do not prevent the application of a requirement of part A of title XXVII of the Public Health Service Act [[42 U.S.C. 300gg](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg&num=0&edition=prelim) et seq.] or a requirement of this title; 33 See References in Text note below. (3) otherwise complies with the minimum standards prescribed for carriers offering health benefits plans under [section 8902(e) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8902/e&num=0&edition=prelim) to the extent that such standards do not conflict with a provision of this title; 3 and (4) meets such other requirements as determined appropriate by the Director, in consultation with the Secretary. **(c) Requirements for multi-State qualified health plan** (1) **In general** — A multi-State qualified health plan meets the requirements of this subsection if, in the determination of the Director— (A) the plan offers a benefits package that is uniform in each State and consists of the essential benefits described in [section 18022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18022&num=0&edition=prelim); (B) the plan meets all requirements of this title 3 with respect to a qualified health plan, including requirements relating to the offering of the bronze, silver, and gold levels of coverage and catastrophic coverage in each State Exchange; (C) except as provided in paragraph (5), the issuer provides for determinations of premiums for coverage under the plan on the basis of the rating requirements of part A of title XXVII of the Public Health Service Act; and (D) the issuer offers the plan in all geographic regions, and in all States that have adopted adjusted community rating before March 23, 2010. (2) **States may offer additional benefits** — Nothing in paragraph (1)(A) shall preclude a State from requiring that benefits in addition to the essential health benefits required under such paragraph be provided to enrollees of a multi-State qualified health plan offered in such State. (3) **Credits** (A) *In general* — An individual enrolled in a multi-State qualified health plan under this section shall be eligible for credits under [section 36B of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section36B&num=0&edition=prelim) and cost sharing assistance under [section 18071 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18071&num=0&edition=prelim) in the same manner as an individual who is enrolled in a qualified health plan. (B) *No additional Federal cost* — A requirement by a State under paragraph (2) that benefits in addition to the essential health benefits required under paragraph (1)(A) be provided to enrollees of a multi-State qualified health plan shall not affect the amount of a premium tax credit provided under [section 36B of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section36B&num=0&edition=prelim) with respect to such plan. (4) **State must assume cost** — A State shall make payments— (A) to an individual enrolled in a multi-State qualified health plan offered in such State; or (B) on behalf of an individual described in subparagraph (A) directly to the multi-State qualified health plan in which such individual is enrolled; to defray the cost of any additional benefits described in paragraph (2). (5) **Application of certain State rating requirements** — With respect to a multi-State qualified health plan that is offered in a State with age rating requirements that are lower than 3:1, the State may require that Exchanges operating in such State only permit the offering of such multi-State qualified health plans if such plans comply with the State’s more protective age rating requirements. **(d) Plans deemed to be certified** A multi-State qualified health plan that is offered under a contract under subsection (a) shall be deemed to be certified by an Exchange for purposes of [section 18031(d)(4)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18031/d/4/A&num=0&edition=prelim). **(e) Phase-in** Notwithstanding paragraphs (1) and (2) of subsection (b), the Director shall enter into a contract with a health insurance issuer for the offering of a multi-State qualified health plan under subsection (a) if— (1) with respect to the first year for which the issuer offers such plan, such issuer offers the plan in at least 60 percent of the States; (2) with respect to the second such year, such issuer offers the plan in at least 70 percent of the States; (3) with respect to the third such year, such issuer offers the plan in at least 85 percent of the States; and (4) with respect to each subsequent year, such issuer offers the plan in all States. **(f) Applicability** The requirements under chapter 89 of title 5 applicable to health benefits plans under such chapter shall apply to multi-State qualified health plans provided for under this section to the extent that such requirements do not conflict with a provision of this title.3 **(g) Continued support for FEHBP** (1) **Maintenance of effort** — Nothing in this section shall be construed to permit the Director to allocate fewer financial or personnel resources to the functions of the Office of Personnel Management related to the administration of the Federal Employees Health Benefit Program under chapter 89 of title 5. (2) **Separate risk pool** — Enrollees in multi-State qualified health plans under this section shall be treated as a separate risk pool apart from enrollees in the Federal Employees Health Benefit Program under chapter 89 of title 5. (3) **Authority to establish separate entities** — The Director may establish such separate units or offices within the Office of Personnel Management as the Director determines to be appropriate to ensure that the administration of multi-State qualified health plans under this section does not interfere with the effective administration of the Federal Employees Health Benefit Program under chapter 89 of title 5. (4) **Effective oversight** — The Director may appoint such additional personnel as may be necessary to enable the Director to carry out activities under this section. (5) **Assurance of separate program** — In carrying out this section, the Director shall ensure that the program under this section is separate from the Federal Employees Health Benefit Program under chapter 89 of title 5. Premiums paid for coverage under a multi-State qualified health plan under this section shall not be considered to be Federal funds for any purposes. (6) **FEHBP plans not required to participate** — Nothing in this section shall require that a carrier offering coverage under the Federal Employees Health Benefit Program under chapter 89 of title 5 also offer a multi-State qualified health plan under this section. **(h) Advisory board** The Director shall establish an advisory board to provide recommendations on the activities described in this section. A significant percentage of the members of such board shall be comprised of enrollees in a multi-State qualified health plan, or representatives of such enrollees. **(i) Authorization of appropriations** There is authorized to be appropriated, such sums as may be necessary to carry out this section.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 36B — Refundable credit for coverage under a qualified health plan

**(a) In general** In the case of an applicable taxpayer, there shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the premium assistance credit amount of the taxpayer for the taxable year. **(b) Premium assistance credit amount** For purposes of this section— (1) **In general** — The term “premium assistance credit amount” means, with respect to any taxable year, the sum of the premium assistance amounts determined under paragraph (2) with respect to all coverage months of the taxpayer occurring during the taxable year. (2) **Premium assistance amount** — The premium assistance amount determined under this subsection with respect to any coverage month is the amount equal to the lesser of— (A) the monthly premiums for such month for 1 or more qualified health plans offered in the individual market within a State which cover the taxpayer, the taxpayer’s spouse, or any dependent (as defined in section 152) of the taxpayer and which were enrolled in through an Exchange established by the State under 1311 11 So in original. Probably should be preceded by “section”. of the Patient Protection and Affordable Care Act, or (B) the excess (if any) of— (i) the adjusted monthly premium for such month for the applicable second lowest cost silver plan with respect to the taxpayer, over (ii) an amount equal to 1/12 of the product of the applicable percentage and the taxpayer’s household income for the taxable year. (3) **Other terms and rules relating to premium assistance amounts** — For purposes of paragraph (2)— (A) *Applicable percentage* (i) *In general* — Except as provided in clause (ii), the applicable percentage for any taxable year shall be the percentage such that the applicable percentag

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 201 — Funding

Beginning with fiscal year 2010, the Secretary shall transfer from the Public Health and Social Services Emergency Fund such sums as may be necessary to carry out this part.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 300gg — Fair health insurance premiums

**(a) 11 So in original. No subsec. (b) has been enacted. Prohibiting discriminatory premium rates** (1) **In general** — With respect to the premium rate charged by a health insurance issuer for health insurance coverage offered in the individual or small group market— (A) such rate shall vary with respect to the particular plan or coverage involved only by— (i) whether such plan or coverage covers an individual or family; (ii) rating area, as established in accordance with paragraph (2); (iii) age, except that such rate shall not vary by more than 3 to 1 for adults (consistent with [section 300gg–6(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg–6/c&num=0&edition=prelim)); and (iv) tobacco use, except that such rate shall not vary by more than 1.5 to 1; and (B) such rate shall not vary with respect to the particular plan or coverage involved by any other factor not described in subparagraph (A). (2) **Rating area** (A) *In general* — Each State shall establish 1 or more rating areas within that State for purposes of applying the requirements of this subchapter. (B) *Secretarial review* — The Secretary shall review the rating areas established by each State under subparagraph (A) to ensure the adequacy of such areas for purposes of carrying out the requirements of this subchapter. If the Secretary determines a State’s rating areas are not adequate, or that a State does not establish such areas, the Secretary may establish rating areas for that State. (3) **Permissible age bands** — The Secretary, in consultation with the National Association of Insurance Commissioners, shall define the permissible age bands for rating purposes under paragraph (1)(A)(iii). (4) **Application of variat

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 18071 — Reduced cost-sharing for individuals enrolling in qualified health plans

**(a) In general** In the case of an eligible insured enrolled in a qualified health plan— (1) the Secretary shall notify the issuer of the plan of such eligibility; and (2) the issuer shall reduce the cost-sharing under the plan at the level and in the manner specified in subsection (c). **(b) Eligible insured** In this section, the term “eligible insured” means an individual— (1) who enrolls in a qualified health plan in the silver level of coverage in the individual market offered through an Exchange; and (2) whose household income exceeds 100 percent but does not exceed 400 percent of the poverty line for a family of the size involved. In the case of an individual described in [section 36B(c)(1)(B) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section36B/c/1/B&num=0&edition=prelim), the individual shall be treated as having household income equal to 100 percent for purposes of applying this section. **(c) Determination of reduction in cost-sharing** (1) **Reduction in out-of-pocket limit** (A) *In general* — The reduction in cost-sharing under this subsection shall first be achieved by reducing the applicable out-of pocket 11 So in original. Probably should be “out-of-pocket”. limit under [section 18022(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18022/c/1&num=0&edition=prelim) in the case of— (i) an eligible insured whose household income is more than 100 percent but not more than 200 percent of the poverty line for a family of the size involved, by two-thirds; (ii) an eligible insured whose household income is more than 200 percent but not more than 300 percent of the poverty line for a family of the size involved, by one-half; and (iii) an eligible in

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 6101 — Advertising requirement for Federal Government purchases and sales

**(a) Definitions.—** In this section— (1) **Appropriation.—** — The term “appropriation” includes amounts made available by legislation under [section 9104 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9104&num=0&edition=prelim). (2) **Federal government.—** — The term “Federal Government” includes the government of the District of Columbia. **(b) Purchases.—** (1) **In general.—** — Unless otherwise provided in the appropriation concerned or other law, purchases and contracts for supplies or services for the Federal Government may be made or entered into only after advertising for proposals for a sufficient time. (2) **Limitations on applicability.—** — Paragraph (1) does not apply when— (A) the amount involved in any one case does not exceed $25,000; (B) public exigencies require the immediate delivery of articles or performance of services; (C) only one source of supply is available and the Federal Government purchasing or contracting officer so certifies; or (D) services are required to be performed by a contractor in person and are— (i) of a technical and professional nature; or (ii) under Federal Government supervision and paid for on a time basis. **(c) Sales.—** Except when otherwise authorized by law or when the reasonable value involved in any one case does not exceed $500, sales and contracts of sale by the Federal Government are governed by the requirements of this section for advertising. **(d) Application to Wholly Owned Government Corporations.—** For wholly owned Government corporations, this section applies only to administrative transactions.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 18022 — Essential health benefits requirements

**(a) Essential health benefits package** In this title,11 See References in Text note below. the term “essential health benefits package” means, with respect to any health plan, coverage that— (1) provides for the essential health benefits defined by the Secretary under subsection (b); (2) limits cost-sharing for such coverage in accordance with subsection (c); and (3) subject to subsection (e), provides either the bronze, silver, gold, or platinum level of coverage described in subsection (d). **(b) Essential health benefits** (1) **In general** — Subject to paragraph (2), the Secretary shall define the essential health benefits, except that such benefits shall include at least the following general categories and the items and services covered within the categories: (A) Ambulatory patient services. (B) Emergency services. (C) Hospitalization. (D) Maternity and newborn care. (E) Mental health and substance use disorder services, including behavioral health treatment. (F) Prescription drugs. (G) Rehabilitative and habilitative services and devices. (H) Laboratory services. (I) Preventive and wellness services and chronic disease management. (J) Pediatric services, including oral and vision care. (2) **Limitation** (A) *In general* — The Secretary shall ensure that the scope of the essential health benefits under paragraph (1) is equal to the scope of benefits provided under a typical employer plan, as determined by the Secretary. To inform this determination, the Secretary of Labor shall conduct a survey of employer-sponsored coverage to determine the benefits typically covered by employers, including multiemployer plans, and provide a report on such survey to the Secretary. (B) *Certification* — In defining the essential healt

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 18021 — Qualified health plan defined

**(a) Qualified health plan** In this title: 11 See References in Text note below. (1) **In general** — The term “qualified health plan” means a health plan that— (A) has in effect a certification (which may include a seal or other indication of approval) that such plan meets the criteria for certification described in [section 18031(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18031/c&num=0&edition=prelim) issued or recognized by each Exchange through which such plan is offered; (B) provides the essential health benefits package described in [section 18022(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18022/a&num=0&edition=prelim); and (C) is offered by a health insurance issuer that— (i) is licensed and in good standing to offer health insurance coverage in each State in which such issuer offers health insurance coverage under this title; 1 (ii) agrees to offer at least one qualified health plan in the silver level and at least one plan in the gold level in each such Exchange; (iii) agrees to charge the same premium rate for each qualified health plan of the issuer without regard to whether the plan is offered through an Exchange or whether the plan is offered directly from the issuer or through an agent; and (iv) complies with the regulations developed by the Secretary under [section 18031(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18031/d&num=0&edition=prelim) and such other requirements as an applicable Exchange may establish. (2) **Inclusion of CO–OP plans and multi-State qualified health plans** — Any reference in this title 1 to a qualified health plan shall be deemed to include a quali

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 18021

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 18044 — Level playing field

**(a) In general** Notwithstanding any other provision of law, any health insurance coverage offered by a private health insurance issuer shall not be subject to any Federal or State law described in subsection (b) if a qualified health plan offered under the Consumer Operated and Oriented Plan program under [section 18042 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18042&num=0&edition=prelim), or a multi-State qualified health plan under [section 18054 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18054&num=0&edition=prelim), is not subject to such law. **(b) Laws described** The Federal and State laws described in this subsection are those Federal and State laws relating to— (1) guaranteed renewal; (2) rating; (3) preexisting conditions; (4) non-discrimination; (5) quality improvement and reporting; (6) fraud and abuse; (7) solvency and financial requirements; (8) market conduct; (9) prompt payment; (10) appeals and grievances; (11) privacy and confidentiality; (12) licensure; and (13) benefit plan material or information.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 18054 — Multi-State plans

Page 9123 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18054 1 So in original. The words ‘‘employees health benefit pro- gram’’ probably should be capitalized. 2 So in original. Probably should be ‘‘multi-State’’. 3 See References in Text note below. § 18054. Multi-State plans (a) Oversight by the Office of Personnel Manage- ment (1) In general The Director of the Office of Personnel Man- agement (referred to in this section as the ‘‘Director’’) shall enter into contracts with health insurance issuers (which may include a group of health insurance issuers affiliated ei- ther by common ownership and control or by the common use of a nationally licensed serv- ice mark), without regard to section 6101 of title 41 or other statutes requiring competi- tive bidding, to offer at least 2 multi-State qualified health plans through each Exchange in each State. Such plans shall provide indi- vidual, or in the case of small employers, group coverage. (2) Terms Each contract entered into under paragraph (1) shall be for a uniform term of at least 1 year, but may be made automatically renew- able from term to term in the absence of no- tice of termination by either party. In enter- ing into such contracts, the Director shall en- sure that health benefits coverage is provided in accordance with the types of coverage pro- vided for under section 2701(a)(1)(A)(i) of the Public Health Service Act [42 U.S.C. 300gg(a)(1)(A)(i)]. (3) Non-profit entities In entering into contracts under paragraph (1), the Director shall ensure that at least one contract is entered into with a non-profit enti- ty. (4) Administration The Director shall implement this sub- section in a manner similar to the manner in which the Director implements the con- tracting provisions with re

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 18054

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 300gg — Fair health insurance premiums

Page 1597 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300gg 1 So in original. 1 So in original. No subsec. (b) has been enacted. require the provision of data to public health authorities. (July 1, 1944, ch. 373, title XXVI, § 2695G, as added Pub. L. 111–87, § 13, Oct. 30, 2009, 123 Stat. 2902.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective as if enacted on Sept. 30, 2009, see section 2(a)(3)(B) of Pub. L. 111–87, set out as an Effec- tive Date of 2009 Amendment; Revival of Section note under section 300ff–11 of this title. § 300ff–139. Injunctions regarding violation of prohibition (a) In general The Secretary may, in any court of competent jurisdiction, commence a civil action for the purpose of obtaining temporary or permanent injunctive relief with respect to any violation of this part. (b) Facilitation of information on violations The Secretary shall establish an administra- tive process for encouraging emergency response employees to provide information to the Sec- retary regarding violations of this part. As ap- propriate, the Secretary shall investigate al- leged such 1 violations and seek appropriate in- junctive relief. (July 1, 1944, ch. 373, title XXVI, § 2695H, as added Pub. L. 111–87, § 13, Oct. 30, 2009, 123 Stat. 2902.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective as if enacted on Sept. 30, 2009, see section 2(a)(3)(B) of Pub. L. 111–87, set out as an Effec- tive Date of 2009 Amendment; Revival of Section note under section 300ff–11 of this title. § 300ff–140. Applicability of part This part shall not apply in a State if the chief executive officer of the State certifies to the Secretary that the law of the State is substan- tially consistent with this part. (July 1, 19

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 300gg

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