
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9612]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
                                LIABILITY
 
  SUBCHAPTER I--HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION
 
Sec. 9612. Claims procedure


(a) Claims against Fund for response costs

    No claim may be asserted against the Fund pursuant to section 
9611(a) of this title unless such claim is presented in the first 
instance to the owner, operator, or guarantor of the vessel or facility 
from which a hazardous substance has been released, if known to the 
claimant, and to any other person known to the claimant who may be 
liable under section 9607 of this title. In any case where the claim has 
not been satisfied within 60 days of presentation in accordance with 
this subsection, the claimant may present the claim to the Fund for 
payment. No claim against the Fund may be approved or certified during 
the pendency of an action by the claimant in court to recover costs 
which are the subject of the claim.

(b) Forms and procedures applicable

                (1) Prescribing forms and procedures

        The President shall prescribe appropriate forms and procedures 
    for claims filed hereunder, which shall include a provision 
    requiring the claimant to make a sworn verification of the claim to 
    the best of his knowledge. Any person who knowingly gives or causes 
    to be given any false information as a part of any such claim shall, 
    upon conviction, be fined in accordance with the applicable 
    provisions of title 18 or imprisoned for not more than 3 years (or 
    not more than 5 years in the case of a second or subsequent 
    conviction), or both.

                 (2) Payment or request for hearing

        The President may, if satisfied that the information developed 
    during the processing of the claim warrants it, make and pay an 
    award of the claim, except that no claim may be awarded to the 
    extent that a judicial judgment has been made on the costs that are 
    the subject of the claim. If the President declines to pay all or 
    part of the claim, the claimant may, within 30 days after receiving 
    notice of the President's decision, request an administrative 
    hearing.

                         (3) Burden of proof

        In any proceeding under this subsection, the claimant shall bear 
    the burden of proving his claim.

                            (4) Decisions

        All administrative decisions made hereunder shall be in writing, 
    with notification to all appropriate parties, and shall be rendered 
    within 90 days of submission of a claim to an administrative law 
    judge, unless all the parties to the claim agree in writing to an 
    extension or unless the President, in his discretion, extends the 
    time limit for a period not to exceed sixty days.

                       (5) Finality and appeal

        All administrative decisions hereunder shall be final, and any 
    party to the proceeding may appeal a decision within 30 days of 
    notification of the award or decision. Any such appeal shall be made 
    to the Federal district court for the district where the release or 
    threat of release took place. In any such appeal, the decision shall 
    be considered binding and conclusive, and shall not be overturned 
    except for arbitrary or capricious abuse of discretion.

                             (6) Payment

        Within 20 days after the expiration of the appeal period for any 
    administrative decision concerning an award, or within 20 days after 
    the final judicial determination of any appeal taken pursuant to 
    this subsection, the President shall pay any such award from the 
    Fund. The President shall determine the method, terms, and time of 
    payment.

(c) Subrogation rights; actions maintainable

    (1) Payment of any claim by the Fund under this section shall be 
subject to the United States Government acquiring by subrogation the 
rights of the claimant to recover those costs of removal or damages for 
which it has compensated the claimant from the person responsible or 
liable for such release.
    (2) Any person, including the Fund, who pays compensation pursuant 
to this chapter to any claimant for damages or costs resulting from a 
release of a hazardous substance shall be subrogated to all rights, 
claims, and causes of action for such damages and costs of removal that 
the claimant has under this chapter or any other law.
    (3) Upon request of the President, the Attorney General shall 
commence an action on behalf of the Fund to recover any compensation 
paid by the Fund to any claimant pursuant to this subchapter, and, 
without regard to any limitation of liability, all interest, 
administrative and adjudicative costs, and attorney's fees incurred by 
the Fund by reason of the claim. Such an action may be commenced against 
any owner, operator, or guarantor, or against any other person who is 
liable, pursuant to any law, to the compensated claimant or to the Fund, 
for the damages or costs for which compensation was paid.

(d) Statute of limitations

                  (1) Claims for recovery of costs

        No claim may be presented under this section for recovery of the 
    costs referred to in section 9607(a) of this title after the date 6 
    years after the date of completion of all response action.

                 (2) Claims for recovery of damages

        No claim may be presented under this section for recovery of the 
    damages referred to in section 9607(a) of this title unless the 
    claim is presented within 3 years after the later of the following:
            (A) The date of the discovery of the loss and its connection 
        with the release in question.
            (B) The date on which final regulations are promulgated 
        under section 9651(c) of this title.

                     (3) Minors and incompetents

        The time limitations contained herein shall not begin to run--
            (A) against a minor until the earlier of the date when such 
        minor reaches 18 years of age or the date on which a legal 
        representative is duly appointed for the minor, or
            (B) against an incompetent person until the earlier of the 
        date on which such person's incompetency ends or the date on 
        which a legal representative is duly appointed for such 
        incompetent person.

(e) Other statutory or common law claims not waived, etc.

    Regardless of any State statutory or common law to the contrary, no 
person who asserts a claim against the Fund pursuant to this subchapter 
shall be deemed or held to have waived any other claim not covered or 
assertable against the Fund under this subchapter arising from the same 
incident, transaction, or set of circumstances, nor to have split a 
cause of action. Further, no person asserting a claim against the Fund 
pursuant to this subchapter shall as a result of any determination of a 
question of fact or law made in connection with that claim be deemed or 
held to be collaterally estopped from raising such question in 
connection with any other claim not covered or assertable against the 
Fund under this subchapter arising from the same incident, transaction, 
or set of circumstances.

(f) Double recovery prohibited

    Where the President has paid out of the Fund for any response costs 
or any costs specified under section 9611(c)(1) or (2) of this title, no 
other claim may be paid out of the Fund for the same costs.

(Pub. L. 96-510, title I, Sec. 112, Dec. 11, 1980, 94 Stat. 2792; Pub. 
L. 99-499, title I, Secs. 109(a)(3), 112, Oct. 17, 1986, 100 Stat. 1633, 
1646.)


                               Amendments

    1986--Subsec. (a). Pub. L. 99-499, Sec. 112(a), amended subsec. (a) 
generally. Prior to amendment, subsec. (a) read as follows: ``All claims 
which may be asserted against the Fund pursuant to section 9611 of this 
title shall be presented in the first instance to the owner, operator, 
or guarantor of the vessel or facility from which a hazardous substance 
has been released, if known to the claimant, and to any other person 
known to the claimant who may be liable under section 9607 of this 
title. In any case where the claim has not been satisfied within sixty 
days of presentation in accordance with this subsection, the claimant 
may elect to commence an action in court against such owner, operator, 
guarantor, or other person or to present the claim to the Fund for 
payment.''
    Subsec. (b)(1). Pub. L. 99-499, Sec. 112(b), added heading.
    Pub. L. 99-499, Sec. 109(a)(3), substituted ``in accordance with the 
applicable provisions of title 18 or imprisoned for not more than 3 
years (or not more than 5 years in the case of a second or subsequent 
conviction), or both'' for ``up to $5,000 or imprisoned for not more 
than one year, or both''.
    Subsec. (b)(2) to (6). Pub. L. 99-499, Sec. 112(b), added pars. (2) 
to (6) and struck out former pars. (2) to (4) which related to the 
settlement and arbitration of claims against liable persons and against 
the Fund.
    Subsec. (d). Pub. L. 99-499, Sec. 112(c), amended subsec. (d) 
generally. Prior to amendment, subsec. (d) read as follows: ``No claim 
may be presented, nor may an action be commenced for damages under this 
subchapter, unless that claim is presented or action commenced within 
three years from the date of the discovery of the loss or December 11, 
1980, whichever is later: Provided, however, That the time limitations 
contained herein shall not begin to run against a minor until he reaches 
eighteen years of age or a legal representative is duly appointed for 
him, nor against an incompetent person until his incompetency ends or a 
legal representative is duly appointed for him.''
    Subsec. (f). Pub. L. 99-499, Sec. 112(d), added subsec. (f).


            Coordination of Titles I to IV of Pub. L. 99-499

    Any provision of titles I to IV of Pub. L. 99-499, imposing any tax, 
premium, or fee; establishing any trust fund; or authorizing 
expenditures from any trust fund, to have no force or effect, see 
section 531 of Pub. L. 99-499, set out as a note under section 1 of 
Title 26, Internal Revenue Code.

                  Section Referred to in Other Sections

    This section is referred to in sections 9607, 9611 of this title.
