[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4227 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4227

 To amend the Comprehensive Environmental Response, Compensation, and 
  Liability Act of 1980 concerning liability for the sale of certain 
                    facilities for residential use.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 1998

 Mr. Menendez introduced the following bill; which was referred to the 
      Committee on Commerce, and in addition to the Committee on 
  Transportation and Infrastructure, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Comprehensive Environmental Response, Compensation, and 
  Liability Act of 1980 concerning liability for the sale of certain 
                    facilities for residential use.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Justice for Displaced Residents 
Act''.

SEC. 2. LIABILITY FOR SALE OF CERTAIN FACILITIES FOR RESIDENTIAL USE.

    Section 107 the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9607) is amended by adding at the 
end the following:
    ``(o) Liability for Sale of Certain Facilities for Residential 
Use.--
            ``(1) In general.--Without regard to the defenses provided 
        for in paragraphs (2) through (4) of subsection (b), a person 
        shall be liable for 3 times the amount of response costs or 
        damages for which the person otherwise would be liable under 
        subsection (a) but for this subsection if--
                    ``(A) at the time of disposal of a designated 
                hazardous substance, the person owned or operated any 
                vessel or facility at which the designated hazardous 
                substance was disposed of;
                    ``(B) the vessel or facility is or has been subject 
                to a removal action by the President or an equivalent 
                action by a State; and
                    ``(C) prior to the performance of the removal 
                action, the person sold, leased, conveyed, or otherwise 
                disposed of the facility or vessel under circumstances 
                in which the future residential use of the vessel or 
                facility was reasonably foreseeable or anticipated.
            ``(2) Recoveries under subsection (a).--Amounts recovered 
        under paragraph (1) shall be in addition to any amounts 
        recovered under subsection (a).
            ``(3) Limitations on liability.--A person shall not be 
        liable under this subsection if the person--
                    ``(A)(i) purchased, leased, or otherwise acquired 
                the vessel or facility primarily for use as a personal 
                residence, (ii) did not cause or contribute to the 
                release or threatened release of designated hazardous 
                substances at the vessel or facility, and (iii) took 
                due care with respect to designated hazardous 
                substances found at the vessel or facility; or
                    ``(B)(i) purchased, leased, or otherwise acquired 
                the vessel or facility primarily for development for 
                personal residential use, (ii) did not cause or 
                contribute to the release or threatened release of 
                designated hazardous substances at the vessel or 
                facility, (iii) took due care with respect to 
                designated hazardous substances found at the vessel or 
                facility, and (iv) is an unaffiliated business or 
                entity with fewer than 25 employees and less than 
                $2,000,000 in gross annual revenues.
            ``(4) Recovery of response costs or damages.--Response 
        costs or damages under paragraph (1) shall be recoverable by 
        the Administrator or any person who resides or has previously 
        resided in the vessel or facility following the sale, lease, 
        conveyance, or other disposal of the vessel or facility 
        described in paragraph (1)(C).
            ``(5) Use of funds.--If the Administrator or any other 
        person recovers an amount under paragraph (1), the amount shall 
        be equitably allocated among and made available to all persons 
        who reside or have previously resided in the vessel or facility 
        following the sale, lease, conveyance, or other disposal of the 
        vessel or facility described in paragraph (1)(C).
            ``(6) Shifting of fees.--Any person who commences an action 
        for liability under this subsection against a person who is not 
        liable by operation of paragraph (3) shall be liable to such 
        nonliable person for all reasonable costs of defending the 
        action, including all reasonable attorneys' fees and expert 
        witness fees.
            ``(7) Designated hazardous substance defined.--In this 
        subsection, the term `designated hazardous substance' means 
        mercury, polychlorinated biphenyls, tetrachloroethylenes, and 
        any other hazardous substance that the Administrator may 
        designate pursuant to this subsection.''.
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