I

104TH CONGRESS

1ST SESSION H. R. 521

To amend title 11 of the United States Code to make nondischargeable

claims of governmental units for costs that are incurred to abate hazardous substances and for which the debtor is liable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980,

certain claims under the Solid Waste Disposal Act, and claims under

State laws similar in subject matter to such Acts; and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 13, 1995

Mr. ZIMMER (for himself, Mr. ACKERMAN, Mr. BEILENSON, Mr. PALLONE,

and Ms. E.B. JOHNSON of Texas) introduced the following bill; which was

referred to the Committee on the Judiciary

A BILL

To amend title 11 of the United States Code to make

nondischargeable claims of governmental units for costs

that are incurred to abate hazardous substances and

for which the debtor is liable under the Comprehensive

Environmental Response, Compensation, and Liability

Act of 1980, certain claims under the Solid Waste Disposal Act, and claims under State laws similar in subject

matter to such Acts; and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. AMENDMENTS.

2 (a) AMENDMENTS TO SECTION 523.—Section 523(a)

3 of title 11, United States Code, is amended—

4 (1) in paragraph (11) by striking ‘‘or’’ at the

5 end,

6 (2) in paragraph (12) by adding ‘‘or’’ at the

7 end, and

8 (3) by adding at the end the following:

9 ‘‘(13) for a claim of—

10 ‘‘(A) the United States, a State, or a polit11 ical subdivision of a State for the costs of re12 moval or remedial action taken under section

13 104 of the Comprehensive Environmental Re14 sponse, Compensation, and Liability Act of

15 1980 (42 U.S.C. 9604) for which the debtor is

16 liable under section 107 of such Act (42 U.S.C.

17 9607);

18 ‘‘(B) any person for contribution for which

19 the debtor is liable under section 113(f) of such

20 Act (42 U.S.C. 9613(f));

21 ‘‘(C) any person under section 7002, or the

22 Administrator under section 7003, of the Solid

23 Waste Disposal Act (42 U.S.C. 6972, 6973) for

24 which the debtor is liable under such Act; or

25 ‘‘(D) any person or governmental entity

26 under any State law similar in subject matter
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1 to the Comprehensive Environmental Response,

2 Compensation, and Liability Act of 1980 (42

3 U.S.C. 9601 et seq.) or the Solid Waste Dis4 posal Act (42 U.S.C. 6901 et seq.) for which

5 the debtor is liable under such State law.’’.

6 (b) AMENDMENTS TO Section 1141.—Section

7 1141(d)(2) of title 11, United States Code, is amended—

8 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’, and

9 (2) by adding at the end the following:

10 ‘‘(B) The confirmation of the plan does not discharge

11 any debtor from a debt of a kind excepted from discharge

12 under section 523(a)(13) of this title.’’.

13 SEC. 2. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

14 (a) EFFECTIVE DATE.—Except as provided in sub15 section (b), the amendments made by section 1 shall take

16 effect on the date of the enactment of this Act.

17 (b) APPLICATION OF AMENDMENTS.—The amend18 ments made by section 1 shall not apply with respect to

19 cases commenced under title 11 of the United States Code

20 before the date of the enactment of this Act.

Æ