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H.R.2462 / 103rd Congress

To amend the Comprehensive Environmental Response, Compensation, and Liability Act and the Solid Waste Disposal Act to limit the liabilities under these Acts of both fiduciaries and lending institutions, including finance lessors, guarantors, and others directly or indirectly holding indicia of ownership primarily to protect a security interest in property which is subject to either Act.

See H.R.3800.

Official summary

Version 00 · Introduced in House · Jun 18, 1993

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to exclude from the definition of "owner or operator," for purposes of limiting liability for releases of hazardous substances, a person who, without participating in the management of a vessel or facility, holds indicia of ownership primarily to protect a security interest in such vessel or facility. Defines "indicia of ownership" as an interest in property acquired: (1) for securing payment of a loan or indebtedness or the performance of an obligation; (2) evidencing ownership under a lease financing transaction where the lessor does not initially select or ordinarily control the daily operation or maintenance of the property; or (3) in the course of protecting a security interest or right of reimbursement or subrogation under a guaranty. Makes liable for any release or threatened release of a hazardous substance attributable to their activities: (1) a holder of a security interest who takes certain actions concerning transfer, protection, or abandonment of property; and (2) a fiduciary or trustee who acquires ownership or control of a property. Makes conforming amendments to the Solid Waste Disposal Act.

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Who introduced it

Rep. LaFalce, John J. [D-NY-29] · D–NY

Committees

  • Transportation and Infrastructure Committee
  • Energy and Commerce Committee
17 cosponsorship records, including any withdrawals

Actions

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  1. See H.R.3800.

  2. Referred to the Subcommittee on Transportation and Hazardous Materials.

  3. Referred to the Subcommittee on Water Resources and Environment.

  4. Referred to the House Committee on Public Works + Transportation.

  5. Referred to the House Committee on Energy and Commerce.

  6. Sponsor introductory remarks on measure. (CR E1553)

  7. Introduced in House

  8. Introduced in House

Bill text & related measures

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Related bills identified by Congress.gov

Source last updated: Feb 7, 2024. Consult Congress.gov for the current record.

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Neutral evidence review

Objective

Analyze H.R.2462 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

Examine H.R.2462 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.

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Institutions and government scope

Conservative lens

Examine H.R.2462 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.

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Individual rights and government power

Liberty lens

Examine H.R.2462 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

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