| Home > 106th Congressional Bills > S. 2635 (is) To reduce health care costs and promote improved health by providing supplemental grants for additional preventive health services for women. [Introduced in Senate] ...
S. 2635 (is) To reduce health care costs and promote improved health by providing supplemental grants for additional preventive health services for women. [Introduced in Senate] ...
106th CONGRESS 2d Session S. 2634 To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide liability relief to small businesses. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 25, 2000 Mr. Bond introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ A BILL To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide liability relief to small businesses. 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 ``Small Business Relief Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) in enacting the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), Congress intended to clean up the most polluted waste sites in the United States; (2) lawsuits to pay for cleanups under that Act threaten thousands of small business owners that incurred liability by activities as benign as disposing of garbage; (3) despite improvements by local, State, and Federal officials in the cleanup of the most polluted waste sites in the United States, thousands of innocent small business owners remain unfairly subjected to the liability scheme under that Act; (4) exempting innocent small businesses is the only way to solve the unintended consequences of liability provisions under that Act; and (5) relieving innocent small business owners from liability under that Act will curb litigation, steering money away from excessive legal costs and toward the cleanup of waste sites. SEC. 3. SMALL BUSINESS LIABILITY RELIEF. Section 107 of 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) Small Business Exemption.-- ``(1) In general.--Except as provided in paragraph (2), no person shall be liable to the United States or to any person (including liability for contribution) under this section for any response costs at a facility listed on the National Priorities List under paragraph (3) or (4) of subsection (a) if-- ``(A) the person is a business that, for the taxable year preceding the date of transmission of notification that the business is a potentially responsible party, employed full- and part-time employees, the aggregate time worked by whom was equivalent to the hours that would be worked by not more than 100 full-time employees; and ``(B) the person is not affiliated through any familial or corporate relationship with any person that is or was a potentially responsible party responsible for response costs at the facility. ``(2) Exception.-- ``(A) In general.--Paragraph (1) shall not apply to the case of a person if the Federal Government or a third party demonstrates that-- ``(i) a hazardous substance described in paragraph (3) or (4) of subsection (a) contributed significantly, or could contribute significantly, individually or in the aggregate with other hazardous substances, to the cost of the response action with respect to the facility; ``(ii) liability for costs or damages arises under this subsection as a result of the gross negligence or intentional misconduct of the person; or ``(iii) the person-- ``(I) failed to comply with any request for information or administrative subpoena issued by the President under this Act; or ``(II) impeded the performance of a response action with respect to the facility. ``(B) Gross negligence.--For the purposes of this subsection, the term `gross negligence' includes reckless, willful, or wanton misconduct by a person.''. <all>
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