---
kind: "section"
citation: "42 U.S.C. § 9612"
title: "42"
title_heading: "The Public Health and Welfare"
number: "9612"
heading: "Claims procedure"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/9612"
units:
  - "Chapter 103 — Comprehensive Environmental Response, Compensation, and Liability"
  - "Subchapter I — Hazardous Substances Releases, Liability, Compensation"
---

# §9612. Claims procedure

- (a) **Claims against Fund for response costs—** No [claim](/usc/42/9601.md?p=4) may be asserted against the [Fund](/usc/42/9601.md?p=11) pursuant to [section 9611(a) of this title](/usc/42/9611.md?p=a) unless such [claim](/usc/42/9601.md?p=4) is presented in the first instance to the [owner](/usc/42/13641.md?p=4), operator, or [guarantor](/usc/42/9601.md?p=13) of the [vessel](/usc/42/9601.md?p=28) or [facility](/usc/42/9601.md?p=9) from which a [hazardous substance](/usc/42/9601.md?p=14) has been released, if known to the [claimant](/usc/42/9601.md?p=5), and to any other [person](/usc/42/9601.md?p=21) known to the [claimant](/usc/42/9601.md?p=5) who may be [liable](/usc/42/9601.md?p=32) under [section 9607 of this title](/usc/42/9607.md). In any case where the [claim](/usc/42/9601.md?p=4) has not been satisfied within 60 days of presentation in accordance with this subsection, the [claimant](/usc/42/9601.md?p=5) may present the [claim](/usc/42/9601.md?p=4) to the [Fund](/usc/42/9601.md?p=11) for payment. No [claim](/usc/42/9601.md?p=4) against the [Fund](/usc/42/9601.md?p=11) may be approved or certified during the pendency of an action by the [claimant](/usc/42/9601.md?p=5) in court to recover costs which are the subject of the [claim](/usc/42/9601.md?p=4).
- (b) **Forms and procedures applicable—**
  - (1) **Prescribing forms and procedures—** The President shall prescribe appropriate forms and procedures for [claims](/usc/42/9601.md?p=4) filed hereunder, which shall include a provision requiring the [claimant](/usc/42/9601.md?p=5) to make a sworn verification of the [claim](/usc/42/9601.md?p=4) to the best of his knowledge. Any [person](/usc/42/9601.md?p=21) who knowingly gives or causes to be given any false information as a part of any such [claim](/usc/42/9601.md?p=4) shall, upon conviction, be fined in accordance with the applicable provisions of [title 18](/usc/18.md) 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](/usc/42/9601.md?p=4) warrants it, make and pay an award of the [claim](/usc/42/9601.md?p=4), except that no [claim](/usc/42/9601.md?p=4) may be awarded to the extent that a judicial judgment has been made on the costs that are the subject of the [claim](/usc/42/9601.md?p=4). If the President declines to pay all or part of the [claim](/usc/42/9601.md?p=4), the [claimant](/usc/42/9601.md?p=5) 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](/usc/42/9601.md?p=5) shall bear the burden of proving his [claim](/usc/42/9601.md?p=4).
  - (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](/usc/42/9601.md?p=4) to an administrative law judge, unless all the parties to the [claim](/usc/42/9601.md?p=4) 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](/usc/42/9601.md?p=22) or threat of [release](/usc/42/9601.md?p=22) 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](/usc/42/9601.md?p=11). The President shall determine the method, terms, and time of payment.
- (c) **Subrogation rights; actions maintainable—**
  - (1) Payment of any [claim](/usc/42/9601.md?p=4) by the [Fund](/usc/42/9601.md?p=11) under this section shall be subject to the [United States](/usc/42/9601.md?p=27) Government acquiring by subrogation the rights of the [claimant](/usc/42/9601.md?p=5) to recover those costs of [removal](/usc/42/9601.md?p=23) or [damages](/usc/42/9601.md?p=6) for which it has compensated the [claimant](/usc/42/9601.md?p=5) from the [person](/usc/42/9601.md?p=21) responsible or [liable](/usc/42/9601.md?p=32) for such [release](/usc/42/9601.md?p=22).
  - (2) Any [person](/usc/42/9601.md?p=21), including the [Fund](/usc/42/9601.md?p=11), who pays compensation pursuant to this chapter to any [claimant](/usc/42/9601.md?p=5) for [damages](/usc/42/9601.md?p=6) or costs resulting from a [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14) shall be subrogated to all rights, [claims](/usc/42/9601.md?p=4), and causes of action for such [damages](/usc/42/9601.md?p=6) and costs of [removal](/usc/42/9601.md?p=23) that the [claimant](/usc/42/9601.md?p=5) 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](/usc/42/9601.md?p=11) to recover any compensation paid by the [Fund](/usc/42/9601.md?p=11) to any [claimant](/usc/42/9601.md?p=5) pursuant to this subchapter, and, without regard to any limitation of [liability](/usc/42/9601.md?p=32), all interest, administrative and adjudicative costs, and attorney’s fees incurred by the [Fund](/usc/42/9601.md?p=11) by reason of the [claim](/usc/42/9601.md?p=4). Such an action may be commenced against any [owner](/usc/42/13641.md?p=4), operator, or [guarantor](/usc/42/9601.md?p=13), or against any other [person](/usc/42/9601.md?p=21) who is [liable](/usc/42/9601.md?p=32), pursuant to any law, to the compensated [claimant](/usc/42/9601.md?p=5) or to the [Fund](/usc/42/9601.md?p=11), for the [damages](/usc/42/9601.md?p=6) or costs for which compensation was paid.
- (d) **Statute of limitations—**
  - (1) **Claims for recovery of costs—** No [claim](/usc/42/9601.md?p=4) may be presented under this section for recovery of the costs referred to in [section 9607(a) of this title](/usc/42/9607.md?p=a) after the date 6 years after the date of completion of all [response](/usc/42/9601.md?p=25) action.
  - (2) **Claims for recovery of damages—** No [claim](/usc/42/9601.md?p=4) may be presented under this section for recovery of the [damages](/usc/42/9601.md?p=6) referred to in [section 9607(a) of this title](/usc/42/9607.md?p=a) unless the [claim](/usc/42/9601.md?p=4) 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](/usc/42/9601.md?p=22) in question.
    - (B) The date on which final regulations are promulgated under [section 9651(c) of this title](/usc/42/9651.md?p=c).
  - (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](/usc/42/9601.md?p=21) until the earlier of the date on which such [person](/usc/42/9601.md?p=21)’s incompetency ends or the date on which a legal representative is duly appointed for such incompetent [person](/usc/42/9601.md?p=21).
- (e) **Other statutory or common law claims not waived, etc.** Regardless of any [State](/usc/42/9601.md?p=27) statutory or common law to the contrary, no [person](/usc/42/9601.md?p=21) who asserts a [claim](/usc/42/9601.md?p=4) against the [Fund](/usc/42/9601.md?p=11) pursuant to this subchapter shall be deemed or held to have waived any other [claim](/usc/42/9601.md?p=4) not covered or assertable against the [Fund](/usc/42/9601.md?p=11) under this subchapter arising from the same incident, transaction, or set of circumstances, nor to have split a cause of action. Further, no [person](/usc/42/9601.md?p=21) asserting a [claim](/usc/42/9601.md?p=4) against the [Fund](/usc/42/9601.md?p=11) pursuant to this subchapter shall as a result of any determination of a question of fact or law made in connection with that [claim](/usc/42/9601.md?p=4) be deemed or held to be collaterally estopped from raising such question in connection with any other [claim](/usc/42/9601.md?p=4) not covered or assertable against the [Fund](/usc/42/9601.md?p=11) 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](/usc/42/9601.md?p=11) for any [response](/usc/42/9601.md?p=25) costs or any costs specified under [section 9611(c)(1)](/usc/42/9611.md?p=c-1) or (2) of this title, no other [claim](/usc/42/9601.md?p=4) may be paid out of the [Fund](/usc/42/9601.md?p=11) for the same costs.

## Source credit

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

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsec. (c)(2), 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 is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables.

### Amendments

1986—Subsec. (a). Pub. L. 99–499, § 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, § 112(b), added heading.

Pub. L. 99–499, § 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, § 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, § 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, § 112(d), added subsec. (f).

### Statutory Notes and Related Subsidiaries

### 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.