(a) Loan condition(1) As a condition of the award of any financial assistance under section 4014 of this title, the recipient of any such loan or grant shall permit the United States to sue on behalf of such recipient any person determined by the Attorney General to be liable to the recipient for the costs of any activities undertaken by the recipient under such section.
(2) The proceeds from any judgment recovered in any suit brought by the United States under paragraph (1) (or, if the recipient files a similar suit on its own behalf, the proceeds from a judgment recovered by the recipient in such suit) shall be used to repay to the United States, by deposit in the Asbestos Trust Fund established by section 4022 of this title, to the extent that the proceeds are sufficient to provide for such repayment, an amount equal to the sum of—(A) the amount (i) outstanding on any loan and (ii) of any grant made to the recipient; and
(B) an amount equal to the interest which would have been charged on such loan were the loan made by a commercial lender at prevailing interest rates (as determined by the Administrator).
(b) Expeditious recoveryThe Attorney General shall, where appropriate, proceed in an expeditious manner to recover the amounts expended by the United States to carry out this subchapter from the persons identified by the Attorney General as being liable for such costs.
(Pub. L. 98–377, title V, § 508, Aug. 11, 1984, 98 Stat. 1293; Pub. L. 101–637, §§ 9, 14(a)(8), (b)(10), (11), (c)(5), Nov. 28, 1990, 104 Stat. 4592, 4594–4596.)
Editorial Notes
Amendments1990—Pub. L. 101–637, § 14(a)(8), inserted section catchline.
Subsec. (a). Pub. L. 101–637, § 14(b)(10), inserted heading.
Subsec. (a)(1). Pub. L. 101–637, § 14(c)(5), substituted “section” for “sections” after “such”.
Subsec. (a)(2). Pub. L. 101–637, § 9, inserted “by deposit in the Asbestos Trust Fund established by section 4022 of this title,” after “repay to the United States,”.
Subsec. (b). Pub. L. 101–637, § 14(b)(11), inserted heading.