§ 9622. — Settlements.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 42USC9622]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND
LIABILITY
SUBCHAPTER I--HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION
Sec. 9622. Settlements
(a) Authority to enter into agreements
The President, in his discretion, may enter into an agreement with
any person (including the owner or operator of the facility from which a
release or substantial threat of release emanates, or any other
potentially responsible person), to perform any response action
(including any action described in section 9604(b) of this title) if the
President determines that such action will be done properly by such
person. Whenever practicable and in the public interest, as determined
by the President, the President shall act to facilitate agreements under
this section that are in the public interest and consistent with the
National Contingency Plan in order to expedite effective remedial
actions and minimize litigation. If the President decides not to use the
procedures in this section, the President shall notify in writing
potentially responsible parties at the facility of such decision and the
reasons why use of the procedures is inappropriate. A decision of the
President to use or not to use the procedures in this section is not
subject to judicial review.
(b) Agreements with potentially responsible parties
(1) Mixed funding
An agreement under this section may provide that the President
will reimburse the parties to the agreement from the Fund, with
interest, for certain costs of actions under the agreement that the
parties have agreed to perform but which the President has agreed to
finance. In any case in which the President provides such
reimbursement, the President shall make all reasonable efforts to
recover the amount of such reimbursement under section 9607 of this
title or under other relevant authorities.
(2) Reviewability
The President's decisions regarding the availability of fund
financing under this subsection shall not be subject to judicial
review under subsection (d) of this section.
(3) Retention of funds
If, as part of any agreement, the President will be carrying out
any action and the parties will be paying amounts to the President,
the President may, notwithstanding any other provision of law,
retain and use such amounts for purposes of carrying out the
agreement.
(4) Future obligation of Fund
In the case of a completed remedial action pursuant to an
agreement described in paragraph (1), the Fund shall be subject to
an obligation for subsequent remedial actions at the same facility
but only to the extent that such subsequent actions are necessary by
reason of the failure of the original remedial action. Such
obligation shall be in a proportion equal to, but not exceeding, the
proportion contributed by the Fund for the original remedial action.
The Fund's obligation for such future remedial action may be met
through Fund expenditures or through payment, following settlement
or enforcement action, by parties who were not signatories to the
original agreement.
(c) Effect of agreement
(1) Liability
Whenever the President has entered into an agreement under this
section, the liability to the United States under this chapter of
each party to the agreement, including any future liability to the
United States, arising from the release or threatened release that
is the subject of the agreement shall be limited as provided in the
agreement pursuant to a covenant not to sue in accordance with
subsection (f) of this section. A covenant not to sue may provide
that future liability to the United States of a settling potentially
responsible party under the agreement may be limited to the same
proportion as that established in the original settlement agreement.
Nothing in this section shall limit or otherwise affect the
authority of any court to review in the consent decree process under
subsection (d) of this section any covenant not to sue contained in
an agreement under this section. In determining the extent to which
the liability of parties to an agreement shall be limited pursuant
to a covenant not to sue, the President shall be guided by the
principle that a more complete covenant not to sue shall be provided
for a more permanent remedy undertaken by such parties.
(2) Actions against other persons
If an agreement has been entered into under this section, the
President may take any action under section 9606 of this title
against any person who is not a party to the agreement, once the
period for submitting a proposal under subsection (e)(2)(B) of this
section has expired. Nothing in this section shall be construed to
affect either of the following:
(A) The liability of any person under section 9606 or 9607
of this title with respect to any costs or damages which are not
included in the agreement.
(B) The authority of the President to maintain an action
under this chapter against any person who is not a party to the
agreement.
(d) Enforcement
(1) Cleanup agreements
(A) Consent decree
Whenever the President enters into an agreement under this
section with any potentially responsible party with respect to
remedial action under section 9606 of this title, following
approval of the agreement by the Attorney General, except as
otherwise provided in the case of certain administrative
settlements referred to in subsection (g) of this section, the
agreement shall be entered in the appropriate United States
district court as a consent decree. The President need not make
any finding regarding an imminent and substantial endangerment
to the public health or the environment in connection with any
such agreement or consent decree.
(B) Effect
The entry of any consent decree under this subsection shall
not be construed to be an acknowledgment by the parties that the
release or threatened release concerned constitutes an imminent
and substantial endangerment to the public health or welfare or
the environment. Except as otherwise provided in the Federal
Rules of Evidence, the participation by any party in the process
under this section shall not be considered an admission of
liability for any purpose, and the fact of such participation
shall not be admissible in any judicial or administrative
proceeding, including a subsequent proceeding under this
section.
(C) Structure
The President may fashion a consent decree so that the
entering of such decree and compliance with such decree or with
any determination or agreement made pursuant to this section
shall not be considered an admission of liability for any
purpose.
(2) Public participation
(A) Filing of proposed judgment
At least 30 days before a final judgment is entered under
paragraph (1), the proposed judgment shall be filed with the
court.
(B) Opportunity for comment
The Attorney General shall provide an opportunity to persons
who are not named as parties to the action to comment on the
proposed judgment before its entry by the court as a final
judgment. The Attorney General shall consider, and file with the
court, any written comments, views, or allegations relating to
the proposed judgment. The Attorney General may withdraw or
withhold its consent to the proposed judgment if the comments,
views, and allegations concerning the judgment disclose facts or
considerations which indicate that the proposed judgment is
inappropriate, improper, or inadequate.
(3) 9604(b) agreements
Whenever the President enters into an agreement under this
section with any potentially responsible party with respect to
action under section 9604(b) of this title, the President shall
issue an order or enter into a decree setting forth the obligations
of such party. The United States district court for the district in
which the release or threatened release occurs may enforce such
order or decree.
(e) Special notice procedures
(1) Notice
Whenever the President determines that a period of negotiation
under this subsection would facilitate an agreement with potentially
responsible parties for taking response action (including any action
described in section 9604(b) of this title) and would expedite
remedial action, the President shall so notify all such parties and
shall provide them with information concerning each of the
following:
(A) The names and addresses of potentially responsible
parties (including owners and operators and other persons
referred to in section 9607(a) of this title), to the extent
such information is available.
(B) To the extent such information is available, the volume
and nature of substances contributed by each potentially
responsible party identified at the facility.
(C) A ranking by volume of the substances at the facility,
to the extent such information is available.
The President shall make the information referred to in this
paragraph available in advance of notice under this paragraph upon
the request of a potentially responsible party in accordance with
procedures provided by the President. The provisions of subsection
(e) of section 9604 of this title regarding protection of
confidential information apply to information provided under this
paragraph. Disclosure of information generated by the President
under this section to persons other than the Congress, or any duly
authorized Committee thereof, is subject to other privileges or
protections provided by law, including (but not limited to) those
applicable to attorney work product. Nothing contained in this
paragraph or in other provisions of this chapter shall be construed,
interpreted, or applied to diminish the required disclosure of
information under other provisions of this or other Federal or State
laws.
(2) Negotiation
(A) Moratorium
Except as provided in this subsection, the President may not
commence action under section 9604(a) of this title or take any
action under section 9606 of this title for 120 days after
providing notice and information under this subsection with
respect to such action. Except as provided in this subsection,
the President may not commence a remedial investigation and
feasibility study under section 9604(b) of this title for 90
days after providing notice and information under this
subsection with respect to such action. The President may
commence any additional studies or investigations authorized
under section 9604(b) of this title, including remedial design,
during the negotiation period.
(B) Proposals
Persons receiving notice and information under paragraph (1)
of this subsection with respect to action under section 9606 of
this title shall have 60 days from the date of receipt of such
notice to make a proposal to the President for undertaking or
financing the action under section 9606 of this title. Persons
receiving notice and information under paragraph (1) of this
subsection with respect to action under section 9604(b) of this
title shall have 60 days from the date of receipt of such notice
to make a proposal to the President for undertaking or financing
the action under section 9604(b) of this title.
(C) Additional parties
If an additional potentially responsible party is identified
during the negotiation period or after an agreement has been
entered into under this subsection concerning a release or
threatened release, the President may bring the additional party
into the negotiation or enter into a separate agreement with
such party.
(3) Preliminary allocation of responsibility
(A) In general
The President shall develop guidelines for preparing
nonbinding preliminary allocations of responsibility. In
developing these guidelines the President may include such
factors as the President considers relevant, such as: volume,
toxicity, mobility, strength of evidence, ability to pay,
litigative risks, public interest considerations, precedential
value, and inequities and aggravating factors. When it would
expedite settlements under this section and remedial action, the
President may, after completion of the remedial investigation
and feasibility study, provide a nonbinding preliminary
allocation of responsibility which allocates percentages of the
total cost of response among potentially responsible parties at
the facility.
(B) Collection of information
To collect information necessary or appropriate for
performing the allocation under subparagraph (A) or for
otherwise implementing this section, the President may by
subpoena require the attendance and testimony of witnesses and
the production of reports, papers, documents, answers to
questions, and other information that the President deems
necessary. Witnesses shall be paid the same fees and mileage
that are paid witnesses in the courts of the United States. In
the event of contumacy or failure or refusal of any person to
obey any such subpoena, any district court of the United States
in which venue is proper shall have jurisdiction to order any
such person to comply with such subpoena. Any failure to obey
such an order of the court is punishable by the court as a
contempt thereof.
(C) Effect
The nonbinding preliminary allocation of responsibility
shall not be admissible as evidence in any proceeding, and no
court shall have jurisdiction to review the nonbinding
preliminary allocation of responsibility. The nonbinding
preliminary allocation of responsibility shall not constitute an
apportionment or other statement on the divisibility of harm or
causation.
(D) Costs
The costs incurred by the President in producing the
nonbinding preliminary allocation of responsibility shall be
reimbursed by the potentially responsible parties whose offer is
accepted by the President. Where an offer under this section is
not accepted, such costs shall be considered costs of response.
(E) Decision to reject offer
Where the President, in his discretion, has provided a
nonbinding preliminary allocation of responsibility and the
potentially responsible parties have made a substantial offer
providing for response to the President which he rejects, the
reasons for the rejection shall be provided in a written
explanation. The President's decision to reject such an offer
shall not be subject to judicial review.
(4) Failure to propose
If the President determines that a good faith proposal for
undertaking or financing action under section 9606 of this title has
not been submitted within 60 days of the provision of notice
pursuant to this subsection, the President may thereafter commence
action under section 9604(a) of this title or take an action against
any person under section 9606 of this title. If the President
determines that a good faith proposal for undertaking or financing
action under section 9604(b) of this title has not been submitted
within 60 days after the provision of notice pursuant to this
subsection, the President may thereafter commence action under
section 9604(b) of this title.
(5) Significant threats
Nothing in this subsection shall limit the President's authority
to undertake response or enforcement action regarding a significant
threat to public health or the environment within the negotiation
period established by this subsection.
(6) Inconsistent response action
When either the President, or a potentially responsible party
pursuant to an administrative order or consent decree under this
chapter, has initiated a remedial investigation and feasibility
study for a particular facility under this chapter, no potentially
responsible party may undertake any remedial action at the facility
unless such remedial action has been authorized by the President.
(f) Covenant not to sue
(1) Discretionary covenants
The President may, in his discretion, provide any person with a
covenant not to sue concerning any liability to the United States
under this chapter, including future liability, resulting from a
release or threatened release of a hazardous substance addressed by
a remedial action, whether that action is onsite or offsite, if each
of the following conditions is met:
(A) The covenant not to sue is in the public interest.
(B) The covenant not to sue would expedite response action
consistent with the National Contingency Plan under section 9605
of this title.
(C) The person is in full compliance with a consent decree
under section 9606 of this title (including a consent decree
entered into in accordance with this section) for response to
the release or threatened release concerned.
(D) The response action has been approved by the President.
(2) Special covenants not to sue
In the case of any person to whom the President is authorized
under paragraph (1) of this subsection to provide a covenant not to
sue, for the portion of remedial action--
(A) which involves the transport and secure disposition
offsite of hazardous substances in a facility meeting the
requirements of sections 6924(c), (d), (e), (f), (g), (m), (o),
(p), (u), and (v) and 6925(c) of this title, where the President
has rejected a proposed remedial action that is consistent with
the National Contingency Plan that does not include such offsite
disposition and has thereafter required offsite disposition; or
(B) which involves the treatment of hazardous substances so
as to destroy, eliminate, or permanently immobilize the
hazardous constituents of such substances, such that, in the
judgment of the President, the substances no longer present any
current or currently foreseeable future significant risk to
public health, welfare or the environment, no byproduct of the
treatment or destruction process presents any significant hazard
to public health, welfare or the environment, and all byproducts
are themselves treated, destroyed, or contained in a manner
which assures that such byproducts do not present any current or
currently foreseeable future significant risk to public health,
welfare or the environment,
the President shall provide such person with a covenant not to sue
with respect to future liability to the United States under this
chapter for a future release or threatened release of hazardous
substances from such facility, and a person provided such covenant
not to sue shall not be liable to the United States under section
9606 or 9607 of this title with respect to such release or
threatened release at a future time.
(3) Requirement that remedial action be completed
A covenant not to sue concerning future liability to the United
States shall not take effect until the President certifies that
remedial action has been completed in accordance with the
requirements of this chapter at the facility that is the subject of
such covenant.
(4) Factors
In assessing the appropriateness of a covenant not to sue under
paragraph (1) and any condition to be included in a covenant not to
sue under paragraph (1) or (2), the President shall consider whether
the covenant or condition is in the public interest on the basis of
such factors as the following:
(A) The effectiveness and reliability of the remedy, in
light of the other alternative remedies considered for the
facility concerned.
(B) The nature of the risks remaining at the facility.
(C) The extent to which performance standards are included
in the order or decree.
(D) The extent to which the response action provides a
complete remedy for the facility, including a reduction in the
hazardous nature of the substances at the facility.
(E) The extent to which the technology used in the response
action is demonstrated to be effective.
(F) Whether the Fund or other sources of funding would be
available for any additional remedial actions that might
eventually be necessary at the facility.
(G) Whether the remedial action will be carried out, in
whole or in significant part, by the responsible parties
themselves.
(5) Satisfactory performance
Any covenant not to sue under this subsection shall be subject
to the satisfactory performance by such party of its obligations
under the agreement concerned.
(6) Additional condition for future liability
(A) Except for the portion of the remedial action which is
subject to a covenant not to sue under paragraph (2) or under
subsection (g) of this section (relating to de minimis settlements),
a covenant not to sue a person concerning future liability to the
United States shall include an exception to the covenant that allows
the President to sue such person concerning future liability
resulting from the release or threatened release that is the subject
of the covenant where such liability arises out of conditions which
are unknown at the time the President certifies under paragraph (3)
that remedial action has been completed at the facility concerned.
(B) In extraordinary circumstances, the President may determine,
after assessment of relevant factors such as those referred to in
paragraph (4) and volume, toxicity, mobility, strength of evidence,
ability to pay, litigative risks, public interest considerations,
precedential value, and inequities and aggravating factors, not to
include the exception referred to in subparagraph (A) if other
terms, conditions, or requirements of the agreement containing the
covenant not to sue are sufficient to provide all reasonable
assurances that public health and the environment will be protected
from any future releases at or from the facility.
(C) The President is authorized to include any provisions
allowing future enforcement action under section 9606 or 9607 of
this title that in the discretion of the President are necessary and
appropriate to assure protection of public health, welfare, and the
environment.
(g) De minimis settlements
(1) Expedited final settlement
Whenever practicable and in the public interest, as determined
by the President, the President shall as promptly as possible reach
a final settlement with a potentially responsible party in an
administrative or civil action under section 9606 or 9607 of this
title if such settlement involves only a minor portion of the
response costs at the facility concerned and, in the judgment of the
President, the conditions in either of the following subparagraph
(A) or (B) are met:
(A) Both of the following are minimal in comparison to other
hazardous substances at the facility:
(i) The amount of the hazardous substances contributed
by that party to the facility.
(ii) The toxic or other hazardous effects of the
substances contributed by that party to the facility.
(B) The potentially responsible party--
(i) is the owner of the real property on or in which the
facility is located;
(ii) did not conduct or permit the generation,
transportation, storage, treatment, or disposal of any
hazardous substance at the facility; and
(iii) did not contribute to the release or threat of
release of a hazardous substance at the facility through any
action or omission.
This subparagraph (B) does not apply if the potentially
responsible party purchased the real property with actual or
constructive knowledge that the property was used for the
generation, transportation, storage, treatment, or disposal of
any hazardous substance.
(2) Covenant not to sue
The President may provide a covenant not to sue with respect to
the facility concerned to any party who has entered into a
settlement under this subsection unless such a covenant would be
inconsistent with the public interest as determined under subsection
(f) of this section.
(3) Expedited agreement
The President shall reach any such settlement or grant any such
covenant not to sue as soon as possible after the President has
available the information necessary to reach such a settlement or
grant such a covenant.
(4) Consent decree or administrative order
A settlement under this subsection shall be entered as a consent
decree or embodied in an administrative order setting forth the
terms of the settlement. In the case of any facility where the total
response costs exceed $500,000 (excluding interest), if the
settlement is embodied as an administrative order, the order may be
issued only with the prior written approval of the Attorney General.
If the Attorney General or his designee has not approved or
disapproved the order within 30 days of this referral, the order
shall be deemed to be approved unless the Attorney General and the
Administrator have agreed to extend the time. The district court for
the district in which the release or threatened release occurs may
enforce any such administrative order.
(5) Effect of agreement
A party who has resolved its liability to the United States
under this subsection shall not be liable for claims for
contribution regarding matters addressed in the settlement. Such
settlement does not discharge any of the other potentially
responsible parties unless its terms so provide, but it reduces the
potential liability of the others by the amount of the settlement.
(6) Settlements with other potentially responsible parties
Nothing in this subsection shall be construed to affect the
authority of the President to reach settlements with other
potentially responsible parties under this chapter.
(7) Reduction in settlement amount based on limited ability
to pay
(A) In general
The condition for settlement under this paragraph is that
the potentially responsible party is a person who demonstrates
to the President an inability or a limited ability to pay
response costs.
(B) Considerations
In determining whether or not a demonstration is made under
subparagraph (A) by a person, the President shall take into
consideration the ability of the person to pay response costs
and still maintain its basic business operations, including
consideration of the overall financial condition of the person
and demonstrable constraints on the ability of the person to
raise revenues.
(C) Information
A person requesting settlement under this paragraph shall
promptly provide the President with all relevant information
needed to determine the ability of the person to pay response
costs.
(D) Alternative payment methods
If the President determines that a person is unable to pay
its total settlement amount at the time of settlement, the
President shall consider such alternative payment methods as may
be necessary or appropriate.
(8) Additional conditions for expedited settlements
(A) Waiver of claims
The President shall require, as a condition for settlement
under this subsection, that a potentially responsible party
waive all of the claims (including a claim for contribution
under this chapter) that the party may have against other
potentially responsible parties for response costs incurred with
respect to the facility, unless the President determines that
requiring a waiver would be unjust.
(B) Failure to comply
The President may decline to offer a settlement to a
potentially responsible party under this subsection if the
President determines that the potentially responsible party has
failed to comply with any request for access or information or
an administrative subpoena issued by the President under this
chapter or has impeded or is impeding, through action or
inaction, the performance of a response action with respect to
the facility.
(C) Responsibility to provide information and access
A potentially responsible party that enters into a
settlement under this subsection shall not be relieved of the
responsibility to provide any information or access requested in
accordance with subsection (e)(3)(B) of this section or section
9604(e) of this title.
(9) Basis of determination
If the President determines that a potentially responsible party
is not eligible for settlement under this subsection, the President
shall provide the reasons for the determination in writing to the
potentially responsible party that requested a settlement under this
subsection.
(10) Notification
As soon as practicable after receipt of sufficient information
to make a determination, the President shall notify any person that
the President determines is eligible under paragraph (1) of the
person's eligibility for an expedited settlement.
(11) No judicial review
A determination by the President under paragraph (7), (8), (9),
or (10) shall not be subject to judicial review.
(12) Notice of settlement
After a settlement under this subsection becomes final with
respect to a facility, the President shall promptly notify
potentially responsible parties at the facility that have not
resolved their liability to the United States of the settlement.
(h) Cost recovery settlement authority
(1) Authority to settle
The head of any department or agency with authority to undertake
a response action under this chapter pursuant to the national
contingency plan may consider, compromise, and settle a claim under
section 9607 of this title for costs incurred by the United States
Government if the claim has not been referred to the Department of
Justice for further action. In the case of any facility where the
total response costs exceed $500,000 (excluding interest), any claim
referred to in the preceding sentence may be compromised and settled
only with the prior written approval of the Attorney General.
(2) Use of arbitration
Arbitration in accordance with regulations promulgated under
this subsection may be used as a method of settling claims of the
United States where the total response costs for the facility
concerned do not exceed $500,000 (excluding interest). After
consultation with the Attorney General, the department or agency
head may establish and publish regulations for the use of
arbitration or settlement under this subsection.
(3) Recovery of claims
If any person fails to pay a claim that has been settled under
this subsection, the department or agency head shall request the
Attorney General to bring a civil action in an appropriate district
court to recover the amount of such claim, plus costs, attorneys'
fees, and interest from the date of the settlement. In such an
action, the terms of the settlement shall not be subject to review.
(4) Claims for contribution
A person who has resolved its liability to the United States
under this subsection shall not be liable for claims for
contribution regarding matters addressed in the settlement. Such
settlement shall not discharge any of the other potentially liable
persons unless its terms so provide, but it reduces the potential
liability of the others by the amount of the settlement.
(i) Settlement procedures
(1) Publication in Federal Register
At least 30 days before any settlement (including any settlement
arrived at through arbitration) may become final under subsection
(h) of this section, or under subsection (g) of this section in the
case of a settlement embodied in an administrative order, the head
of the department or agency which has jurisdiction over the proposed
settlement shall publish in the Federal Register notice of the
proposed settlement. The notice shall identify the facility
concerned and the parties to the proposed settlement.
(2) Comment period
For a 30-day period beginning on the date of publication of
notice under paragraph (1) of a proposed settlement, the head of the
department or agency which has jurisdiction over the proposed
settlement shall provide an opportunity for persons who are not
parties to the proposed settlement to file written comments relating
to the proposed settlement.
(3) Consideration of comments
The head of the department or agency shall consider any comments
filed under paragraph (2) in determining whether or not to consent
to the proposed settlement and may withdraw or withhold consent to
the proposed settlement if such comments disclose facts or
considerations which indicate the proposed settlement is
inappropriate, improper, or inadequate.
(j) Natural resources
(1) Notification of trustee
Where a release or threatened release of any hazardous substance
that is the subject of negotiations under this section may have
resulted in damages to natural resources under the trusteeship of
the United States, the President shall notify the Federal natural
resource trustee of the negotiations and shall encourage the
participation of such trustee in the negotiations.
(2) Covenant not to sue
An agreement under this section may contain a covenant not to
sue under section 9607(a)(4)(C) of this title for damages to natural
resources under the trusteeship of the United States resulting from
the release or threatened release of hazardous substances that is
the subject of the agreement, but only if the Federal natural
resource trustee has agreed in writing to such covenant. The Federal
natural resource trustee may agree to such covenant if the
potentially responsible party agrees to undertake appropriate
actions necessary to protect and restore the natural resources
damaged by such release or threatened release of hazardous
substances.
(k) Section not applicable to vessels
The provisions of this section shall not apply to releases from a
vessel.
(l) Civil penalties
A potentially responsible party which is a party to an
administrative order or consent decree entered pursuant to an agreement
under this section or section 9620 of this title (relating to Federal
facilities) or which is a party to an agreement under section 9620 of
this title and which fails or refuses to comply with any term or
condition of the order, decree or agreement shall be subject to a civil
penalty in accordance with section 9609 of this title.
(m) Applicability of general principles of law
In the case of consent decrees and other settlements under this
section (including covenants not to sue), no provision of this chapter
shall be construed to preclude or otherwise affect the applicability of
general principles of law regarding the setting aside or modification of
consent decrees or other settlements.
(Pub. L. 96-510, title I, Sec. 122, as added Pub. L. 99-499, title I,
Sec. 122(a), Oct. 17, 1986, 100 Stat. 1678; amended Pub. L. 107-118,
title I, Sec. 102(b), Jan. 11, 2002, 115 Stat. 2359.)
References in Text
The Federal Rules of Evidence, referred to in subsec. (d)(1)(B), are
set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Amendments
2002--Subsec. (g)(7) to (12). Pub. L. 107-118 added pars. (7) to
(12).
Effect on Concluded Actions
Amendment by Pub. L. 107-118 not to apply to or in any way affect
any settlement lodged in, or judgment issued by, a United States
District Court, or any administrative settlement or order entered into
or issued by the United States or any State, before Jan. 11, 2002, see
section 103 of Pub. L. 107-118, set out as a note under section 9607 of
this title.
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 9604, 9609, 9613, 9617,
9619, 9620, 9657 of this title; title 10 section 2701; title 14 section
691.