Page:United States Statutes at Large Volume 110 Part 4.djvu/625

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PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-462 "(B) is material to the establishment of the credit repair organization's liability to the consumer under this title, the end of the 5-year period beginning on the date of the discovery by the consumer of the misrepresentation. "SEC. 412. RELATION TO STATE LAW. "This title shall not annul, alter, affect, or exempt any person subject to the provisions of this title from complying with any law of any State except to the extent that such law is inconsistent with any provision of this title, and then only to the extent of the inconsistency. "SEC. 413. EFFECTIVE DATE. 'This title shall apply after the end of the 6-month period beginning on the date of the enactment of the Credit Repair Organizations Act, except with respect to contracts entered into by a credit repair organization before the end of such period.". SEC. 2452. CREDIT WORTHINESS. It is the sense of the Senate that— (1) individuals should generally be judged for credit worthiness based on their own credit worthiness and not on the zip code or neighborhood in which they live; and (2) the Federal Trade Commission, after consultation with the appropriate Federal banking agency, should report to the Committee on Banking, Housing, and Urban Affairs of the Senate as to whether and how the location of the residence of an applicant for unsecured credit is considered by many companies and financisd institutions in deciding whether an applicant should be grsmted credit. Subtitle E—Asset Conservation, Lender Liability, and Deposit Insurance Protection SEC. 2501. SHORT TITLE. This subtitle may be cited as the "Asset Conservation, Lender Liability, and Deposit Insurance Protection Act of 1996". SEC. 2502. CERCLA LENDER AND FIDUCIARY LIABILITY LIMITATIONS AMENDMENTS. (a) IN GENERAL. —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: "(n) LIABILITY OF FIDUCIARIES. — "(1) IN GENERAL.— The liability of a fiduciary under any provision of this Act for the release or threatened release of a hazardous substance at, from, or in connection with a vessel or facility held in a fiduciary capacity shall not exceed the assets held in the fiduciary capacity. "(2) EXCLUSION. —Paragraph (1) does not apply to the extent that a person is liable under this Act independently of the person's ownership of a vessel or facility as a fiduciary or actions taken in a fiduciary capacity. "(3) LIMITATION. —Paragraphs (1) and (4) do not limit the liability pertaining to a release or threatened release of a 15 USC 1678tj. 15 USC 1679 note. Asset Conservation, Lender Liability, and Dejposit Insuraitce Protection Act of 1996. 42 USC 9601 note.