[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 521 Introduced in House (IH)]

  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.


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                    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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AMENDMENTS.

    (a) Amendments to Section 523.--Section 523(a) of title 11, United 
States Code, is amended--
            (1) in paragraph (11) by striking ``or'' at the end,
            (2) in paragraph (12) by adding ``or'' at the end, and
            (3) by adding at the end the following:
            ``(13) for a claim of--
                    ``(A) the United States, a State, or a political 
                subdivision of a State for the costs of removal or 
                remedial action taken under section 104 of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9604) for which the 
                debtor is liable under section 107 of such Act (42 
                U.S.C. 9607);
                    ``(B) any person for contribution for which the 
                debtor is liable under section 113(f) of such Act (42 
                U.S.C. 9613(f));
                    ``(C) any person under section 7002, or the 
                Administrator under section 7003, of the Solid Waste 
                Disposal Act (42 U.S.C. 6972, 6973) for which the 
                debtor is liable under such Act; or
                    ``(D) any person or governmental entity under any 
                State law similar in subject matter to the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the 
                Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) for 
                which the debtor is liable under such State law.''.
    (b) Amendments to Section 1141.--Section 1141(d)(2) of title 11, 
United States Code, is amended--
            (1) by inserting ``(A)'' after ``(2)'', and
            (2) by adding at the end the following:
    ``(B) The confirmation of the plan does not discharge any debtor 
from a debt of a kind excepted from discharge under section 523(a)(13) 
of this title.''.

SEC. 2. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--Except as provided in subsection (b), the 
amendments made by section 1 shall take effect on the date of the 
enactment of this Act.
    (b) Application of Amendments.--The amendments made by section 1 
shall not apply with respect to cases commenced under title 11 of the 
United States Code before the date of the enactment of this Act.
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