INSURANCE COVERAGE.

SEC. 107. INSURANCE COVERAGE. (a) Property and Liability Insurance.— (1) In general.—To the extent property and liability insurance is available and subject to the requirements described in paragraph (2), the State shall purchase property and liability insurance for the Mine and the operation of the laboratory to provide coverage against the liability described in subsections (a) and (b) of section 106. (2) Requirements.—The requirements referred to in paragraph (1) are the following: (A) Terms of insurance.—In determining the type, extent of coverage, and policy limits of insurance purchased under this subsection, the State shall— (i) periodically consult with the Administrator and the Scientific Advisory Board; and (ii) consider certain factors, including— (I) the nature of the projects and experiments being conducted in the laboratory; (II) the availability and cost of commercial insurance; and (III) the amount of funding available to purchase commercial insurance. (B) Additional terms.—The insurance purchased by the State under this subsection may provide coverage that is— (i) secondary to the insurance purchased by project sponsors; and (ii) in excess of amounts available in the Fund to pay any claim. (3) Financing of insurance purchase.— (A) In general.—Subject to section 108, the State may finance the purchase of insurance required under this subsection by using— (i) funds made available from the Fund; and (ii) such other funds as are received by the State for the purchase of insurance for the Mine and laboratory. (B) No requirement to use state funds.—Nothing in this title requires the State to use State funds to purchase insurance required under this subsection. (4) Additional insured.—Any insurance purchased by the State under this subsection shall—115 STAT. 2351 (A) name the United States as an additional insured; or (B) otherwise provide that the United States is a beneficiary of the insurance policy having the primary right to enforce all rights of the United States under the policy. (5) Termination of obligation to purchase insurance.—The obligation of the State to purchase insurance under this subsection shall terminate on the date on which— (A) the Mine ceases to be used as a laboratory; or (B) sufficient funding ceases to be available for the operation and maintenance of the Mine or laboratory. (b) Project Insurance.— (1) In general.—The State, in consultation with the Administrator and the Scientific Advisory Board, may require, as a condition of approval of a project for the laboratory, that a project sponsor provide property and liability insurance or other applicable coverage for potential liability associated with the project described in subsections (a) and (b) of section 106. (2) Additional insured.—Any insurance obtained by the project sponsor under this section shall— (A) name the State and the United States as additional insureds; or (B) otherwise provide that the State and the United States are beneficiaries of the insurance policy having the primary right to enforce all rights under the policy. (c) State Insurance.— (1) In general.—To the extent required by State law, the State shall purchase, with respect to the operation of the Mine and the laboratory— (A) unemployment compensation insurance; and (B) worker’s compensation insurance. (2) Prohibition on use of funds from fund.—A State shall not use funds from the Fund to carry out paragraph (1).