text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Homeowners Empowerment and 
  Protection Act of 1995''.
  
  SEC. 2. FINDINGS.
  
      The Congress finds and declares that--
              (1) there are 65,000,000 homeowners in the United States, 
          representing approximately two-thirds of all households, who 
          have a strong and justified interest in preserving and 
          enhancing the value of their property;
              (2) the value of a homeowner's home is based in large part 
          on the location of the property relative to other features of 
          the built and natural environment, and the increase or decrease 
          in the value of a home over time is inextricably linked to 
          changes in the quality of the neighborhood and environment in 
          which the home is located, including but not limited to the 
          quality of the water for drinking, fishing, and swimming, the 
          clarity and healthfulness of the air, the risk of flooding, the 
          scenic beauty of the community, the presence or absence of 
          offensive odors and excessive noise, the health and abundance 
          of wildlife resources, and other factors;
              (3) the value of homes in the United States is frequently 
          reduced, and sometimes destroyed, by certain types of land 
          development, industrial activity, and other actions that occur 
          on neighboring properties or at other locations, including 
          sites upwind, upstream, or upslope from private homes;
              (4) protecting private homeowners from the adverse affects 
          of irresponsible actions of certain entities and individuals 
          which cause injury to homeowners' property values is important 
          not only to homeowners but also to their communities and 
          society as a whole; and
              (5) current public information and participation procedures 
          are often insufficient to provide individual homeowners with 
          notice of activities and the opportunity to effectively 
          participate in decisionmaking procedures that have the 
          potential to significantly affect the value of their homes.
  
  SEC. 3. HOMEOWNER RIGHT OF ACCESS TO INFORMATION ABOUT ACTIVITIES THAT 
                COULD REDUCE THE VALUE OF THEIR HOMES.
  
      (a) Notice.--
              (1) General requirement.--Within 90 days after the 
          enactment of this Act, the Director of the Office of Management 
          and Budget shall establish uniform Federal procedures 
          applicable to all agencies under this section. In accordance 
          with such procedures, each agency shall require any person 
          required to file any application to conduct property impacting 
          activity with the agency to provide the notice described in 
          this section. The Director shall designate a lead agency in the 
          case of any application under this section that involves more 
          than one agency.
              (2) Application to conduct property impacting activity.--
          For purposes of this section, the term an ``application to 
          conduct property impacting activity'' means an application for 
          a permit, license, or other approval form, or contract, lease, 
          or other arrangement, with an agency, that would authorize the 
          applicant, pursuant to Federal law, to conduct an activity that 
          generates pollutants or produces other adverse impacts with the 
          potential to reduce the value of any private home.
              (3) Homeowners required to receive notice.--The notice 
          under this section shall be provided by delivery, by certified 
          mail, of individual written notice to each homeowner whose 
          property lies within \1/4\ mile of the perimeter of the site at 
          which the activity that is the subject of the application will 
          be carried out. The applicant shall also publish notice under 
          this subsection at least 3 times in the newspapers of general 
          circulation in the affected community. The agency may also 
          provide notice under this subsection by mail to the owner of 
          any home identified by the agency as reasonably likely 
  to suffer a reduction in value as a result of the proposed activity.
              (4) Notice contents.--The notice referred to in paragraph 
          (2) shall describe the nature of the application to conduct 
          property impacting activity, the potential impacts of the 
          proposed activity on the value of private homes, potential 
          impacts on homeowners and other members of the public, the name 
          and telephone number of the applicant and an agency 
          representative assigned to provide further information about 
          the application, and any opportunities available for homeowner 
          or other affected members of the public to comment on the 
          proposed activity.
      (b) Public Response; Identification of Alternatives to Reduce 
  Property Impacts.--In addition to and not in lieu of any other 
  procedures established by law, each agency shall establish a toll-free 
  telephone number which homeowners may call to register concerns about 
  the potential effects on property values of an application for a 
  proposed activity or to request additional information concerning 
  applications to conduct property impacting activities filed with the 
  agency and opportunities to submit public comment. If requested by an 
  applicant or any homeowner whose property is reasonably likely to 
  suffer a reduction in value as a result of the activity to be 
  authorized by such application, the agency shall thoroughly investigate 
  the potential impact of the proposed activity on the value of private 
  homes, and seek to identify alternatives to the proposed action which 
  reduce the adverse effects on the value of private homes.
  
  SEC. 4. HOMEOWNER RIGHT OF ACTION.
  
      (a) Right of Action.--Whenever any person has carried out any 
  activity that--
              (1) is authorized (or required to be authorized) by a 
          permit, license, or other approval issued by an agency or 
          pursuant to Federal law to such person, or by a contract, 
          lease, or other arrangement between such person and an agency, 
          and
              (2) generates pollutants or produces other adverse impacts 
          that cause or significantly contribute to a total reduction in 
          the value of one or more private homes of $10,000 or more,
  any owner of a private home, the value of which is reduced by such 
  activity, may commence an action against such person under this 
  section.
      (b) Notice of Intent to Sue and Voluntary Claim Resolution 
  Procedures.--At least 30 days prior to filing an action under this 
  section, a homeowner shall deliver a notice of intent to sue to the 
  defendant and to the head of the agency to which the application to 
  conduct property impacting activity is submitted or required to be 
  submitted or which has authority to enter into the contract, lease, or 
  other arrangement. If either the homeowner or the defendant requests 
  that the agency resolve the claim, the agency head shall convene a 
  meeting of the parties and use his or her best efforts to arrive at a 
  just resolution of the claim in order to avoid unnecessary litigation 
  costs. Such efforts shall not affect the right of the homeowner to 
  bring an action under this section at any time after the expiration of 
  the 30-day period referred to in this subsection.
      (c) Burden of Proof.--In any action under this section, the 
  homeowner shall have the burden of demonstrating that the activity 
  conducted by the defendant caused or contributed to a reduction in the 
  value of the homeowner's home.
      (d) Class Actions.--Similarly affected homeowners are authorized to 
  file suit under this section in accordance with rule 23 of the Federal 
  Rules of Civil Procedure in Federal district court in the district 
  where his or her home is located.
      (e) Remedy.--Any homeowner authorized to bring suit under this 
  section shall be entitled to recover an amount equal to the reduction 
  in the value of the homeowner's home caused or significantly 
  contributed to by the activity referred to in subsection (a), except 
  that such compensation may not exceed the median value (as determined 
  by the court) of all private homes in the immediate vicinity of the 
  homeowner's home.
      (f) Attorneys Fees.--Any homeowner who receives compensation under 
  this section shall be awarded reasonable attorney's fees, including the 
  cost of expert witnesses and other reasonable costs.
      (g) Injunction.--In addition to providing compensation under this 
  section, whenever any activity that is the subject of an action under 
  this section constitutes a violation of any Federal statute, 
  regulation, permit, license, contract, lease, or other arrangement or 
  form of approval, the court may enjoin such activity.
      (h) Jurisdiction.--The United States district court shall have 
  original jurisdiction, concurrent with State courts, of any action 
  brought under this section.
      (i) Frivolous or Otherwise Improper Lawsuits.--If the court 
  dismisses any action under this section after finding that the 
  plaintiff's case was frivolous, dilatory, abusive, or brought to harass 
  the defendant or for any other improper purpose, in addition to any 
  other sanction available to the court under the Federal Rules of Civil 
  Procedure, the court may, upon motion by the defendant, order the 
  plaintiff to pay the defendant's reasonable attorney's fees and other 
  expenses reasonably incurred by the defendant in participating in the 
  litigation.
      (j) Statute of Limitations.--No action may be brought under this 
  section with respect to any private home or homes after the date 5 
  years after the date on which the total reduction in the value of such 
  home or homes has reached $10,000.
      (k) Savings Provisions.--
              (1) Prohibition of limitation on other claims.--No 
          provision of this Act shall be construed to limit the rights of 
          any person to pursue any claim or cause of action under the 
          Constitution or any other law (including a claim or cause of 
          action concerning real or personal property).
              (2) Prohibition of use as condition precedent.--
          Commencement of a suit under this Act, or receipt of 
          compensation under this Act, shall not be a condition precedent 
          for any claim or cause of action under any other authority of 
          law.
  
  SEC. 5. EFFECTIVE DATE.
  
      This Act shall apply to each permit, license, or other form of 
  approval issued by an agency after the date 180 days after the 
  enactment of this Act and to each contract, lease, or other arrangement 
  entered into by an agency after the date 180 days after the enactment 
  of this Act.
  
  SEC. 6. DEFINITIONS.
  
      As used in this Act:
              (1) Agency.--The term ``agency'' has the meaning given that 
          term in section 551(1) of title 5, United States Code.
              (2) Potential to reduce the value.--An activity that 
          generates pollutants or produces other adverse impacts shall be 
          considered to have the potential to reduce the value of any 
          private home whenever such activity may result in physical 
          damage or any other unlawful or objectively unreasonable 
          interference with the use and enjoyment of a private home.
              (3) Private home.--The term ``private home'' means any 
          owner occupied dwelling, including any multi-family dwelling 
          and any condominium.
              (4) Reduction in value.--For any private home affected by 
          an activity referred to in section 4, the term ``reduction in 
          value'' means the difference (estimated based on values at the 
          time an action is brought under this section) between the fair 
          market value of the home, and the fair market value of the home 
          in the absence of such activity.
              (5) Person.--The term ``person'' means any individual, 
          corporation, partnership, or other organization or entity other 
          than a Federal, State, or local government agency.
target: Homeowners Empowerment and Protection Act of 1995 - Requires the Director of the Office of Management and Budget to establish uniform Federal agency procedures with respect to application and homeowner notice requirements for the conduct of activities that generate pollutants or other adverse impacts with the potential to reduce private home values. 
  Directs each agency to:  (1) require any person filing an application to conduct property impacting activity to provide affected homeowners with written notice; (2) provide a toll-free telephone number for homeowner response; and (3) investigate the proposed activity's impact on home values. 
  Creates a homeowner right of action, including class action authority, for certain home value reductions.
feat_title: Homeowners Empowerment and Protection Act of 1995