[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 795 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 795

      To impose a moratorium on enforcement of the Comprehensive 
    Environmental Response, Compensation, and Liability Act of 1980 
(Superfund) against certain persons and on the authority under that Act 
                       for contribution actions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 1995

Mr. Canady of Florida introduced the following bill; which was referred 
  to the Committee on Commerce and, in addition, to the Committee on 
  Transportation and Infrastructure, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

                           February 24, 1995

  Additional sponsors: Mr. Gibbons, Mr. Norwood, Mr. Hutchinson, Mr. 
Miller of Florida, Mr. Gallegly, Mr. Ballenger, Mrs. Chenoweth, and Mr. 
                             Smith of Texas

_______________________________________________________________________

                                 A BILL


 
      To impose a moratorium on enforcement of the Comprehensive 
    Environmental Response, Compensation, and Liability Act of 1980 
(Superfund) against certain persons and on the authority under that Act 
                       for contribution actions.

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

SECTION 1. MORATORIUM ON SUPERFUND ENFORCEMENT ACTIONS AND ON AUTHORITY 
              FOR CONTRIBUTION ACTIONS.

    (a) Moratorium on Enforcement Actions.--(1) The Administrator of 
the Environmental Protection Agency shall not continue or begin to 
conduct any enforcement action against any person described in 
paragraph (3) or (4) of section 107(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607(a)) if the person did not directly cause the release or 
threat of release of the hazardous substance concerned and did not have 
knowledge of the release or threat of release.
    (2) For purposes of paragraph (1), an enforcement action is any 
administrative or judicial enforcement action conducted by the 
Administrator of the Environmental Protection Agency under section 
107(a) or section 106 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980.
    (3) This subsection shall take effect on the date of the enactment 
of this Act.
    (b) Moratorium on Authority for Contribution Actions.--(1) The 
authority provided by paragraphs (1) and (3)(B) of section 113(f) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9613(f)) for a person to seek contribution from 
any other person shall not be in effect beginning on the date of the 
enactment of this Act.
    (2) Paragraph (1) applies with respect to--
            (A) any judicial action initiated by a person before the 
        date of the enactment of this Act and pending on such date; and
            (B) any judicial action initiated by a person on or after 
        the date of the enactment of this Act.
    (c) Suspension of Limitations Periods.--Any limitation period 
provided for in section 113(g) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9613(g)) 
shall be tolled for the period that a moratorium imposed by subsection 
(a) or (b) is in effect.
                                 <all>