[Congressional Record Volume 141, Number 78 (Thursday, May 11, 1995)]
[Senate]
[Pages S6538-S6553]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

                                 ______


   THE INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE ACT OF 1995

                                 ______


                       THOMPSON AMENDMENT NO. 756

  (Ordered to lie on the table.)
  Mr. THOMPSON submitted an amendment intended to be proposed by him to 
the bill (S. 534) to amend the Solid Waste Disposal Act to provide 
authority for States to limit the interstate transportation of 
municipal solid waste, and for other purposes; as follows:

       On page 56, line 18, strike after ``delivered,'' through 
     ``provision'' on line 21.
                                 ______


                        BAUCUS AMENDMENT NO. 757

  (Ordered to lie on the table.)
  Mr. BAUCUS submitted an amendment intended to be proposed by him to 
the bill, S. 534, supra; as follows:

       On page 50, strike line 18 and insert the following: ``in 
     which the generator of the waste has an ownership 
     interest.''.
                                 ______


                 DODD (AND LIEBERMAN) AMENDMENT NO. 758

  Mr. CHAFEE (for Mr. Dodd, for himself and Mr. Lieberman) proposed an 
amendment to the bill, S. 534, supra; as follows:

       On page 62, line 4, after the words public service 
     authority, add ``or its operator''.
                                 ______


                   ROTH (AND BIDEN) AMENDMENT NO. 759

  (Ordered to lie on the table.)
  Mr. ROTH (for himself and Mr. Biden) submitted an amendment intended 
to be proposed by them to the bill, S. 534, supra; as follows:

       On page 53, line 3, strike ``or political subdivision'' and 
     insert ``, political subdivision, or public service 
     authority''.
       On page 53, line 4, strike ``or political subdivision'' and 
     insert ``, political subdivision, or public service 
     authority''.
       On page 53, lines 7 and 8, strike ``or political 
     subdivision'' and insert ``, political subdivision, or public 
     service authority''.
       On page 53, line 10, strike ``or political subdivision'' 
     and insert ``, political subdivision, or public service 
     authority''.
       On page 56, lines 1 and 2 strike ``and each political 
     subdivision of a State'' and insert ``, political subdivision 
     of a State, and public service authority''.
       On page 56, line 12, strike ``or political subdivision'' 
     and insert ``, political subdivision, or public service 
     authority''.
       On page 56, line 22, strike ``operation'' and insert 
     ``existence''.
       On page 57, line 4, strike ``or political subdivision'' and 
     insert ``, political subdivision, or public service 
     authority''.
       On page 57, line 7, strike ``or political subdivision'' and 
     insert ``, political subdivision, or public service 
     authority''.
       On page 57, line 21, strike ``or political subdivision'' 
     and insert ``, political subdivision, or public service 
     authority''.
                                 ______


                CAMPBELL (AND OTHERS) AMENDMENT NO. 760

  (Ordered to lie on the table.)
  Mr. CAMPBELL (for himself, Mr. Brown, and Mr. Kempthorne) submitted 
an amendment intended to be proposed by them to the bill S. 534, supra; 
as follows:

       On page 69, strike the quotation mark and period at the end 
     of line 22.
       On page 69, between lines 22 and 23, insert the following:
       ``(5) No-migration exemptions.--
       ``(A) In general.--Ground water monitoring requirements may 
     be suspended by the Director of an approved State for a 
     landfill operator if the operator demonstrates that there is 
     no potential for migration of hazardous constituents from the 
     unit to the uppermost aquifer during the active life of the 
     unit and the post-closure care period.
       ``(B) Certification.--A demonstration under subparagraph 
     (A) shall--
       ``(i) be certified by a qualified groundwater scientist and 
     approved by the Director of an approved State.
       ``(C) Guidance.--
       ``(i) In general.--Not later than 6 months after the date 
     of enactment of this paragraph, the Administrator shall issue 
     a guidance document to facilitate and streamline small 
     community use of the no migration exemption under this 
     paragraph.
       ``(ii) Clarity.--The guidance document described in clause 
     (i) shall be written in clear terms designed to be 
     understandable by officials of small communities without 
     expert assistance.''.
                                 ______


                       BINGAMAN AMENDMENT NO. 761

  Mr. BINGAMAN proposed an amendment to the bill, S. 534, supra; as 
follows:

       At the appropriate place insert the following:

     SEC. . BORDER STUDIES.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Maquiladora.--The term ``maquiladora'' means an 
     industry located in Mexico along the border between the 
     United States and Mexico.
       (3) Solid Waste.--The term ``solid waste'' has the meaning 
     provided the term under section 1004(27) of the Solid Waste 
     Disposal Act (42 U.S.C. 6903(27)).
       (b) In General.--
       (1) Study of solid waste management issues associated with 
     north american free-trade agreement.--As soon as practicable 
     after the date of enactment of this Act, the Administrator is 
     authorized to conduct a study of solid waste management 
     issues associated with increased border use resulting from 
     the implementation of the North American Free Trade 
     Agreement.
       (2) Study of solid waste management issues associated with 
     united states-canada free-trade agreement.--As soon as 
     practicable after the date of enactment of this Act, the 
     Administrator may conduct a similar study focused on border 
     traffic of solid waste resulting from the implementation of 
     the United States-Canada Free-Trade Agreement, with respect 
     to the border region between the United States and Canada.
       (c) Contents of Study.--A study conducted under this 
     section shall provide for the following:
       (1) A study of planning for solid waste treatment, storage, 
     and disposal capacity (including additional landfill 
     capacity) that would be necessary to accommodate the 
     generation of additional household, commercial, and 
     industrial wastes by an increased population along the border 
     involved.
       (2) A study of the relative impact on border communities of 
     a regional siting of solid waste storage and disposal 
     facilities.
       (3) In the case of the study described in subsection 
     (b)(1), research concerning methods of tracking of the 
     transportation of--
       (A) materials from the United States to maquiladoras; and
       (B) waste from maquiladoras to a final destination.
       (4) In the case of the study described in subsection 
     (b)(1), a determination of the need for solid waste materials 
     safety training for workers in Mexico and the United States 
     within the 100-mile zone specified in the First Stage 
     Implementation Plan Report for 
     [[Page S6539]] 1992-1994 of the Integrated Environmental Plan 
     for the Mexico-United States Border, issued by the 
     Administrator in February 1992.
       (5) A review of the adequacy of existing emergency response 
     networks in the border region involved, including the 
     adequacy of training, equipment, and personnel.
       (6) An analysis of solid waste management practices in the 
     border region involved, including an examination of methods 
     for promoting source reduction, recycling, and other 
     alternatives to landfills.
       (d) Sources of Information.--In conducting a study under 
     this section, the Administrator shall, to the extent 
     allowable by law, solicit, collect, and use the following 
     information:
       (1) A demographic profile of border lands based on census 
     data prepared by the Bureau of the Census of the Department 
     of Commerce and, in the case of the study described in 
     subsection (b)(1), census data prepared by the Government of 
     Mexico.
       (2) In the case of the study described in subsection 
     (b)(1), information from the United States Customs Service of 
     the Department of the Treasury concerning solid waste 
     transported across the border between the United States and 
     Mexico, and the method of transportation of the waste.
       (3) In the case of the study described in subsection 
     (b)(1), information concerning the type and volume of 
     materials used in maquiladoras.
       (4)(A) Immigration data prepared by the Immigration and 
     Naturalization Service of the Department of Justice.
       (B) In the case of the study described in subsection 
     (b)(1), immigration data prepared by the Government of 
     Mexico.
       (5) Information relating to the infrastructure of border 
     land, including an accounting of the number of landfills, 
     wastewater treatment systems, and solid waste treatment, 
     storage, and disposal facilities.
       (6) A listing of each site in the border region involved 
     where solid waste is treated, stored, or disposed of.
       (7) In the case of the study described in subsection 
     (b)(1), a profile of the industries in the region of the 
     border between the United States and Mexico.
       (e) Consultation and Cooperation.--In carrying out this 
     section, the Administrator shall consult with the following 
     entities in reviewing study activities:
       (1) With respect to reviewing the study described in 
     subsection (b)(1), States and political subdivisions of 
     States (including municipalities and counties) in the region 
     of the border between the United States and Mexico.
       (2) The heads of other Federal agencies (including the 
     Secretary of the Interior, the Secretary of Housing, the 
     Secretary of Health and Human Services, the Secretary of 
     Transportion, and the Secretary of Commerce) and with respect 
     to reviewing the study described in subsection (b)(1), 
     equivalent officials of the Government of Mexico.
       (f) Reports to Congress.--On completion of the studies 
     under this section, the Administrator shall, not later than 2 
     years after the date of enactment of this Act, submit to the 
     appropriate committees of Congress reports that summarize the 
     findings of the studies and propose methods by which solid 
     waste border traffic may be tracked, from source to 
     destination, on an annual basis.
       (g) Border Study Delay.--The conduct of the study described 
     in subsection (b)(2) shall not delay or otherwise affect 
     completion of the study described in subsection (b)(1).
       (h) Funding.--If any funding needed to conduct the studies 
     required by this section is not otherwise available, the 
     President may transfer to the Administrator, for use in 
     conducting the studies, any funds that have been appropriated 
     to the President under section 533 of the North American Free 
     Trade Agreement Implementation Act (19 U.S.C. 3473) that are 
     in excess of the amount needed to carry out that section. 
     States that wish to participate in study will be asked to 
     contribute to the costs of the study. The terms of the cost 
     share shall be negotiated between the Environmental 
     Protection Agency and the State.''.
                                 ______


                     COATS AMENDMENTS NOS. 762-765

  (Ordered to lie on the table.)
  Mr. COATS submitted four amendments intended to be proposed by him to 
the bill, S. 534, supra; as follows:

                           Amendment No. 762

       On page 52, line 6, after ``State.'' insert ``A general 
     reference to the receipt of waste outside the jurisdiction of 
     the affected local government does not meet the requirement 
     of the preceding sentence.''
                                                                    ____


                           Amendment No. 763

       On page 34, line 4, after ``1993'' insert ``or calendar 
     year 1994, whichever is less''.
                                                                    ____


                           Amendment No. 764

       On page 48, strike lines 15 through 24 and insert the 
     following:
       ``(2) Host community agreement.--
       ``(A) On or after date that is 90 days after date of 
     enactment.--The term `host community agreement', with respect 
     to an agreement entered into on or after the date that is 90 
     days after the date of enactment of this section, means a 
     written, legally binding document or documents executed by 
     duly authorized officials of the affected local government 
     that specifically authorizes a landfill or incinerator to 
     receive specified amounts of municipal solid waste generated 
     out of State.
       ``(B) Before date that is 90 days after date of 
     enactment.--
       ``(i) In general.--The term `host community agreement', 
     with respect to an agreement entered into before the date 
     that is 90 days after the date of enactment of this section--
       ``(I) means a written, legally binding document or 
     documents executed by duly authorized officials of the 
     affected local government specifically authorizing a landfill 
     or incinerator to receive municipal solid waste generated out 
     of State; but
       ``(II) does not include an agreement to pay host community 
     fees for receipt of waste unless additional express 
     authorization to receive out-of-State municipal solid waste 
     is also included.
       ``(ii) Terminology.--An agreement under clause (i) may use 
     a term other than `out-of-State', provided that any 
     alternative term or terms evidence the approval or consent of 
     the affected local government for receipt of municipal solid 
     waste from sources or locations outside the State in which 
     the landfill or incinerator is located or is proposed to be 
     located.
                                                                    ____


                           Amendment No. 765
       On page 35, strike line 3 and all that follows through page 
     36, line 12, and insert the following:
       ``(B) Additional limit for municipal waste.--
       ``(i) In general.--A State (referred to in this 
     subparagraph as an `importing State') may impose a limit 
     under (in addition to or in lieu of any other limit imposed 
     under this paragraph) on the amount of out-of-State municipal 
     solid waste received at landfills and incinerators in the 
     importing State.
       ``(ii) Requirements.--A limit under clause (i) may be 
     imposed only if each of the following requirements is met:
       ``(I) The limit does not conflict (within the meaning of 
     clause (iii)) with any permit or host community agreement 
     authorizing the receipt of out-of-State municipal solid 
     waste.
       ``(II) The importing State has notified the Governor of the 
     exporting State or States of the proposed limit at least 12 
     months before imposition of the limit.
       ``(III) The importing State has notified the Governor of 
     the exporting State or States of the proposed limit at least 
     90 days before enforcement of the limit.
       ``(IV) The percentage reduction in the amount of out-of-
     State municipal solid waste that is received at each facility 
     in the importing State at which a limit is established under 
     clause (i) is uniform for all such facilities.
       ``(iii) Conflict.--A limit referred to in clause (ii)(I) 
     shall be treated as conflicting with a permit or host 
     community agreement if--
       ``(I) the permit or host community agreement establishes a 
     higher limit; or
       ``(II) the permit or host community agreement does not 
     establish any limit,

     on the amount of out-of-State municipal solid waste that may 
     be received annually at a landfill or incinerator that is the 
     subject of the permit or host community agreement.
       ``(iv) Limit stated as percentage.--
       ``(I) In general.--A limit under clause (i) shall be stated 
     as a percentage of the amount of out-of-State municipal solid 
     waste generated in the exporting State and received at 
     landfills and facilities in the importing State during 
     calendar year 1993.
       ``(II) Amount.--For any calendar year, the percentage 
     amount of a limit under clause (i) shall be as specified in 
     the following table:

                                                             Applicable
``Calendar year:                                            Percentage:
    1996.............................................................85
    1997.............................................................75
    1998.............................................................65
    1999.............................................................55
    after 1999......................................................50.
                                 ______


                      HUTCHISON AMENDMENT NO. 766

  (Ordered to lie on the table.)
  Mrs. HUTCHISON submitted an amendment intended to be proposed by her 
to the bill, S. 534, supra, as follows:

       On page 64, line 6, strike the word ``may'' and insert the 
     word ``shall.''
                                 ______


                ROTH (AND BIDEN) AMENDMENTS NOS. 767-768

  (Ordered to lie on the table.)
  Mr. ROTH (for himself and Mr. Biden) submitted two amendments 
intended to be proposed by them to the bill, S. 534, supra; as follows:

                           Amendment No. 767

       On page 66, between lines 17 and 18 insert the following:
       ``(j) Public Service Authorities.--For all purposes of this 
     title, a reference to a political subdivision shall include 
     reference to a public service authority.
                                                                    ____


                           Amendment No. 768

       On page 56, line 22, strike ``operation'' and insert 
     ``existence''.
                                 ______


                         KYL AMENDMENT NO. 769

  Mr. KYL proposed an amendment to the bill, S. 534, supra; as follows:

       [[Page S6540]] On page 57, strike line 16 and all that 
     follows through page 58, line 22, and insert the following:
       ``(4) Continued effectiveness of authority during 
     amortization of financing.--
       ``(A) In general.--With respect to each designated waste 
     management facility or facilities, or Public Service 
     Authority, authority may be exercised under this section 
     only--
       ``(i) until the date on which payments under the schedule 
     for payment of the capital costs of the facility concerned, 
     as in effect on May 15, 1994, are completed; and
       ``(ii) so long as all revenues (except for revenues used 
     for operation and maintenance of the designated waste 
     management facility or facilities, or Public Service 
     Authority) derived from tipping fees and other fees charged 
     for the disposal of waste at the facility concerned are used 
     to make such payments.
       ``(B) Refinancing.--Subparagraph (A) shall not be construed 
     to preclude refinancing of the capital costs of a facility, 
     but if, under the terms of a refinancing, completion of the 
     schedule for payment of capital costs will occur after the 
     date on which completion would have occurred in accordance 
     with the schedule for payment in effect on May 15, 1994, the 
     authority under this section shall expire on the earlier of--
       ``(i) the date specified in subparagraph (A)(i); or
       ``(ii) the date on which payments under the schedule for 
     payment, as in effect after the refinancing, are completed.
       ``(C) Any political subdivision of a State exercising flow 
     control authority pursuant to subsection (c) may exercise 
     such authority under this section only until completion of 
     the original schedule for payment of the capital costs of the 
     facility for which permits and contracts were in effect, 
     obtained or submitted prior to May 15, 1994.''
                                 ______


                  SNOWE (AND COHEN) AMENDMENT NO. 770

  (Ordered to lie on the table.)
  Ms. SNOWE (for herself and Mr. Cohen) submitted an amendment intended 
to be proposed by them to the bill, S. 534, supra; as follows:

       On page 58, line 5, strike ``original facility'' and insert 
     ``facility (as in existence on the date of enactment of this 
     section)''.
                                 ______


                  SNOWE (AND COHEN) AMENDMENT NO. 771

  (Ordered to lie on the table.)
  Ms. SNOWE (for herself and Mr. Cohen) submitted an amendment intended 
to be proposed by them to the bill, S. 534, supra; as follows:

       On page 56, lines 18 through 21, strike ``the substantial 
     construction of which facilities was performed after the 
     effective date of that law, ordinance, regulation, or other 
     legally binding provision and''.
                                 ______


                       SPECTER AMENDMENT NO. 772

  (Ordered to lie on the table.)
  Mr. SPECTER submitted an amendment intended to be proposed by him to 
the bill, S. 534, supra; as follows:

       On line 23 on page 56, after ``1994'' insert the following: 
     ``; or
       ``(C) is imposed to direct the flow of municipal solid 
     waste to existing publicly-financed resource recovery 
     facilities (as defined in section 1004(24) of this Act) which 
     were constructed prior to January 1, 1975 and were in 
     operation as of May 15, 1994''.
                                 ______


                      FAIRCLOTH AMENDMENT NO. 773

  Mr. CHAFEE (for Mr. Faircloth) proposed an amendment to the bill, S. 
534, supra; as follows:

       On page 59, after line 20, insert the following:
       ``(6) Flow control ordinance.--Notwithstanding anything to 
     the contrary in this section, but subject to subsection (j), 
     any political subdivision which adopted a flow control 
     ordinance in November 1991, and designated facilities to 
     receive municipal solid waste prior to April 1, 1992, may 
     exercise flow control authority until the end of the 
     remaining life of all contracts between the political 
     subdivision and any other persons regarding the movement or 
     delivery of municipal solid waste or voluntarily relinquished 
     recyclable material to a designated facility (as in effect 
     May 15, 1994). Such authority shall extend only to the 
     specific classes or categories of municipal solid waste to 
     which flow control authority was actually applied on or 
     before May 15, 1994. The authority under this subsection 
     shall be exercised in accordance with section 4012(b)(4).
                                 ______


                       JEFFORDS AMENDMENT NO. 774

  (Ordered to lie on the table.)
  Mr. JEFFORDS submitted an amendment intended to be proposed by him to 
the bill, S. 534, supra; as follows:

       On page 64, between lines 2 and 3, insert the following:
       ``(f) State Solid Waste District Authority.--A solid waste 
     district of a State may exercise flow control authority for 
     municipal solid waste and for recyclable material voluntarily 
     relinquished by the owner or generator of the material that 
     is generated within its jurisdiction if--
       ``(1) the solid waste district is currently required to 
     initiate a recyclable materials recycling program in order to 
     meet a municipal solid waste reduction goal of at least 30 
     percent by the year 2000, and uses revenues generated by the 
     exercise of flow control authority strictly to implement 
     programs to manage municipal solid waste, other than 
     development of incineration; and
       ``(2) prior to May 15, 1994, the solid waste district--
       ``(A) was responsible under State law for the management 
     and regulation of the storage, collection, processing, and 
     disposal of solid wastes within its jurisdiction;
       ``(B) was authorized by State statute (enacted prior to 
     January 1, 1990) to exercise flow control authority, and 
     subsequently adopted the authority through a law, ordinance, 
     regulation, contract, franchise, or other legally binding 
     provision; and
       ``(C) was required by State statute (enacted prior to 
     January 1, 1992) to develop and implement a solid waste 
     management plan consistent with the State solid waste 
     management plan, and the district solid waste management plan 
     was approved by the appropriate State agency prior to 
     September 15, 1994.
                                 ______


                      LAUTENBERG AMENDMENT NO. 775

  Mr. LAUTENBERG proposed an amendment to the bill S. 534, supra; as 
follows:

       On page 58, strike line 23 and all that follows through 
     page 59, line 20, and insert the following:
       ``(5) Additional Authority.--
       ``(A) Application of paragraph.--This paragraph applies to 
     a State or political subdivision of a State that, on or 
     before January 1, 1984--
       ``(i) adopted regulations under State law that required the 
     transportation to, and management or disposal at, waste 
     management facilities in the State, of--
       ``(I) all solid waste from residential, commercial, 
     institutional, or industrial sources (as defined under State 
     law); and
       ``(II) recyclable material voluntarily relinquished by the 
     owner or generator of the recyclable material; and
       ``(ii) as of January 1, 1984, had implemented those 
     regulations in the case of every political subdivision of the 
     State.
       ``(B) Authority.--Notwithstanding anything to the contrary 
     in this section (including subsection (j)), a State or 
     political subdivision of a State described in subparagraph 
     (A) may continue to exercise flow control authority 
     (including designation of waste management facilities in the 
     State that meet the requirements of subsection (c)) for all 
     classes and categories of solid waste that were subject to 
     flow control on January 1, 1984.
                                 ______


                        DORGAN AMENDMENT NO. 776

  (Ordered to lie on the table.)
  Dr. DORGAN submitted an amendment intended to be proposed by him to 
the bill S. 534, supra; as follows:

       On page 50, strike line 22 and all that follows through 
     page 51, line 2.
                                 ______


                     WARNER AMENDMENTS NOS. 777-779

  (Ordered to lie on the table.)
  Mr. WARNER submitted three amendments intended to be proposed by him 
to the bill S. 534, supra; as follows:

                           Amendment No. 777

       On page 53, line 10, insert ``or operated'' after 
     ``identified''.
                                                                    ____


                           Amendment No. 778

       On page 58, line 20, strike ``and'' and insert ``or''.
                                                                    ____


                           Amendment No. 779

       On page 65, line 6, insert ``or related landfill 
     restoration'' after ``services''.
                                 ______


                      McCONNELL AMENDMENT NO. 780

  (Ordered to lie on the table.)
  Mr. McCONNELL submitted an amendment intended to be proposed by him 
to the bill S. 534, supra; as follows:

       At the end of the amendment add the following:

             TITLE III--STATE OR REGIONAL SOLID WASTE PLANS

     SEC. 301. FINDING.

       Section 1002(a) of the Solid Waste Disposal Act (42 U.S.C. 
     6901(a)) is amended--
       (1) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (2) by adding at the end the following:
       ``(5) that the Nation's improved standard of living has 
     resulted in an increase in the amount of solid waste 
     generated per capita, and the Nation has not given adequate 
     consideration to solid waste reduction strategies.''.

     SEC. 302. OBJECTIVE OF SOLID WASTE DISPOSAL ACT

       Section 1003(a) of the Solid Waste Disposal Act (42 U.S.C. 
     6902(a)) is amended--
       (1) by striking the period at the end of paragraph (10);
       (2) by striking the period at the end of paragraph (11) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       [[Page S6541]] ``(12) promoting local and regional planning 
     for--
       ``(A) effective solid waste collection and disposal; and
       ``(B) reducing the amount of solid waste generated per 
     capita through the use of solid waste reduction 
     strategies.''.

     SEC. 303. NATIONAL POLICY.

       Section 1003(b) of the Solid Waste Disposal Act (42 U.S.C. 
     6902(b)) is amended by inserting ``solid waste and'' after 
     ``generation of''.

     SEC. 304. OBJECTIVE OF SUBTITLE D OF SOLID WASTE DISPOSAL 
                   ACT.

       Section 4001 of the Solid Waste Disposal Act (42 U.S.C. 
     6941) is amended by inserting ``promote local and regional 
     planning for effective solid waste collection and disposal 
     and for reducing the amount of solid waste generated per 
     capita through the use of solid waste reduction strategies, 
     and'' after ``objectives of this subtitle are to''.

     SEC. 305. GUIDELINES FOR STATE PLANS.

       Section 4002(b) of the Solid Waste Disposal Act (42 U.S.C. 
     6942(b)) is amended by striking ``eighteen months after the 
     date of enactment of this section'' and inserting ``18 months 
     after the date of enactment of the Interstate Transportation 
     of Municipal Solid Waste Act of 1995''.

     SEC. 306. DISCRETIONARY STATE PLAN PROVISIONS.

       Section 4003 of the Solid Waste Disposal Act (42 U.S.C. 
     6943) is amended by adding at the end the following:
       ``(e) Discretionary Plan Provisions Relating to Solid Waste 
     Reduction Goals, Local and Regional Plans, and Issuance of 
     Solid Waste Management Permits.--A State plan submitted under 
     this subtitle may include, at the option of the State, 
     provisions for--
       ``(1) establishment of a State per capita solid waste 
     reduction goal, consistent with the goals and objectives of 
     this subtitle, under which the State may disapprove a local 
     or regional plan or deny a solid waste management permit that 
     is inconsistent with those goals and objectives; and
       ``(2) establishment of a program relating solid waste 
     management permits issued by the State in accordance with 
     sections 4004 and 4005 to local and regional plans developed 
     in accordance with section 4006 and approved by the State, 
     under which the State may--
       ``(A) deny a permit for the reason that the permit is 
     inconsistent with a local or regional plan;
       ``(B) issue a permit despite inconsistency with a local 
     plan if--
       ``(i) the plan does not adequately provide for the current 
     and projected solid waste management needs of the persons 
     within the planning area; or
       ``(ii) issuance of the permit is necessary to meet the 
     solid waste management needs of persons outside the planning 
     area but within the State's jurisdiction;
       ``(C) deny a permit despite consistency with a local plan 
     if the plan is inconsistent with a State per capita solid 
     waste reduction goal established under paragraph (1); and
       ``(D) allow local and regional plans to ban or restrict the 
     importation of solid waste (except hazardous waste, and 
     except solid waste imported in accordance with a host 
     community agreement for which the State issued a permit prior 
     to January 1, 1994) from outside the planning area if the 
     current and projected solid waste management needs of the 
     persons within the planning area have been met by solid waste 
     management facilities identified in the plan, whether within 
     or outside the planning area.''.

     SEC. 307. PROCEDURE FOR DEVELOPMENT AND IMPLEMENTATION OF 
                   STATE PLANS.

       Section 4006(b) of the Solid Waste Disposal Act (42 U.S.C. 
     6946(b)) is amended ``and discretionary plan provisions'' 
     after ``minimum requirements''.
                                 ______


                        COATS AMENDMENT NO. 781

  (Ordered to lie on the table.)
  Mr. COATS submitted an amendment intended to be proposed by him to 
the bill S. 534, supra; as follows:

       On page 43, between lines 14 and 15 insert the following:
       ``(d) Denial of Permit Based on a Needs Determinaton.--The 
     Governor of a State may deny a permit for a solid waste 
     management facility on the basis of a needs determination in 
     the permitting process if State law enacted or regulation 
     adopted prior to May 15, 1994, specifically authorizes a 
     denial on that basis.
                                 ______


                       MOYNIHAN AMENDMENT NO. 782

  (Ordered to lie on the table.)
  Mr. MOYNIHAN submitted an amendment intended to be proposed by him to 
the bill S. 534, supra; as follows:

       On page 60 strike lines 6 through 12 and insert the 
     following:

       ``(B) prior to May 15, 1994, the political subdivision 
     committed to the designation of the particular waste 
     management facilities or public service authority to which 
     municipal solid waste is to be transported or at which 
     municipal solid waste is to be disposed of under that law, 
     ordinance, regulation, plan, or legally binding provision.
                                 ______


                COHEN (AND SNOWE) AMENDMENTS NOS. 783-84

  (Ordered to lie on the table.)
  Mr. COHEN (for himself and Ms. Snowe) submitted two amendments 
intended to be proposed by them to the bill S. 534, supra; as follows:

                           Amendment No. 783

       On page 55, between lines 10 and 11 insert the following:
       ``(5) Put or pay agreement.--(1) The term `put or pay 
     agreement' means an agreement that obligates or otherwise 
     requires a State or political subdivision to--
       ``(A) deliver a minimum quantity of municipal solid waste 
     to a waste management facility; and
       ``(B) pay for that minimum quantity of municipal solid 
     waste even if the stated minimum quantity of municipal solid 
     waste is not delivered within a required period of time.
       ``(2) For purposes of the authority conferred by 
     subsections (b) and (c), the term `legally binding provision 
     of the State or political subdivision' includes a put or pay 
     agreement that designates waste to a waste management 
     facility that was in operation on or before December 31, 
     1988.
       ``(3) The entering into of a put or pay agreement shall be 
     considered to be a designation (as defined in subsection 
     (a)(1)) for all purposes of this title.
                                                                    ____

                           Amendment No. 784

       On page 55, between lines 10 and 11, insert the following:
       ``(5) Put or pay agreement.--(1) The term `put or pay 
     agreement' means an agreement that obligates or otherwise 
     requires a State or political subdivision to--
       ``(A) deliver a minimum quantity of municipal solid waste 
     to a waste management facility; and
       ``(B) pay for that minimum quantity of municipal solid 
     waste even if the stated minimum quantity of municipal solid 
     waste is not delivered within a required period of time.
       ``(2) For purposes of the authority conferred by 
     subsections (b) and (c), the term `legally binding provision 
     of the State or political subdivision' includes a put or pay 
     agreement that designates waste to a waste management 
     facility that was in operation on or before December 31, 1988 
     and that requires an aggregate tonnage to be delivered to the 
     facility during each operating year by the political 
     subdivisions which have entered put or pay agreements 
     designating that waste management facility.
       ``(3) The entering into of a put or pay agreement shall be 
     considered to be a designation (as defined in subsection 
     (a)(1)) for all purposes of this title.
                                 ______


                   ROTH (AND BIDEN) AMENDMENT NO. 785

  (Ordered to lie on the table.)
  Mr. ROTH (for himself and Mr. Biden) submitted an amendment intended 
to be proposed by them to the bill S. 534, supra; as follows:

       On page 56, line 23, strike ``1994.'' and insert ``1994, or 
     were in operation prior to May 15, 1994, and were temporarily 
     inoperative on May 15, 1994.''
                                 ______


                        MURRAY AMENDMENT NO. 786

  (Ordered to lie on the table.)
  Mrs. MURRAY submitted an amendment intended to be proposed by her to 
the bill S. 534, supra; as follows:

       On page 64, between lines 2 and 3, insert the following:
       ``(f) State-Mandated Solid Waste Management Planning.--A 
     political subdivision of a State may exercise flow control 
     authority for municipal solid waste, construction and 
     demolition debris, and for voluntarily relinquished 
     recyclable material that is generated within its jurisdiction 
     if State legislation enacted prior to January 1, 1990 
     mandated the political subdivision to plan for the management 
     of solid waste generated within its jurisdiction, and if 
     prior to January 1, 1990 the State delegated to its political 
     subdivisions the authority to establish a system of solid 
     waste handling, and if prior to May 15, 1994:
       (1) the political subdivision has, in accordance with the 
     plan adopted pursuant to such State mandate, obligated itself 
     through contract (including a contract to repay a debt) to 
     utilize existing solid waste facilities or an existing system 
     of solid waste facilities; and
       (2) the political subdivision has undertaken a recycling 
     program in accordance with its adopted waste management plan 
     to meet the State's solid waste reduction goal of fifty 
     percent; and
       (3) significant financial commitments have been made to 
     implement the plan cited above.
                                 ______


                        DeWINE AMENDMENT NO. 787

  (Ordered to lie on the table.)
  Mr. DeWINE submitted an amendment intended to be proposed by him to 
the bill S. 534, supra; as follows:

       [[Page S6542]] At the appropriate place insert the 
     following:
       ``(  ) Authority To Restrict Out-of-State Construction and 
     Demolition Debris.--
       ``(1) List.--On or before June 1, 1997, the Administrator 
     shall publish a list disclosing the amount of construction 
     and demolition debris exported by each State in calendar year 
     1996.
       ``(2) Authority.--A State (referred to in this subsection 
     as an `importing State') may impose a limit on the amount of 
     out-of-State construction and demolition debris received at 
     landfills and incinerators in the importing State.
       ``(3) Limit stated as percentage.--
       ``(A) In general.--A limit under paragraph (1) shall be 
     stated as a percentage of the amount of out-of-State 
     construction and demolition debris generated in the exporting 
     State and received at landfills and facilities in the 
     importing State during calendar year 1996.
       ``(B) Amount.--For any calendar year, the percentage amount 
     of a limit under subparagraph (A) shall be as specified in 
     the following table:

                                                             Applicable
``Calendar year:                                            Percentage:
    1998............................................................100
    1999............................................................100
    2000............................................................100
    2001.............................................................95
    2002.............................................................90
    2003.............................................................85
    2004.............................................................80
    2005.............................................................75
    2006.............................................................70
    2007.............................................................65
    2008.............................................................60
    2009.............................................................55
    after 2009......................................................50.

       ``(4) Construction and demolition debris.--In this 
     subsection, the term `construction and demolition debris' 
     means debris resulting from construction, remodeling, repair, 
     or demolition of structures, other than such debris that--
       ``(A) is commingled with municipal solid waste (which such 
     commingled debris is included within the meaning of 
     `municipal solid waste'); or
       ``(B) the generator of the debris has determined to be 
     contained in accordance with paragraph (6).
       ``(54) Out-of-state construction and demolition Debris.--In 
     this subsection, the term `out-of-State construction and 
     demolition debris' means, with respect to any State, 
     construction and demolition debris generated outside the 
     State. Nothing in this paragraph shall be construed to 
     interfere with a treaty to which the United States is a 
     party.
       ``(6) Contaminated debris.--
       ``(A) Determination.--For the purpose of determining 
     whether debris is contaminated for the purpose of paragraph 
     (4), the generator of the waste shall conduct representative 
     sampling and analysis of the debris, the result of which 
     shall be submitted to the affected local government for 
     recordkeeping purposes only, unless not required by the 
     affected local government.
       ``(B) Disposal.--Debris that has been determined to be 
     contaminated under paragraph (1) shall be disposed of in a 
     landfill that meets, at a minimum, the requirements of this 
     subtitle.''
       ``(7) Annual reports.--Submissions and annual reports under 
     subsection (a)(6) shall include the amount of construction 
     and demolition debris received.
                                 ______


                       HATFIELD AMENDMENT NO. 788

  (Ordered to lie on the table.)
  Mr. HATFIELD submitted an amendment intended to be proposed by him to 
the bill S. 534, supra; as follows:

       At the end of the amendment, insert the following new 
     title:
                              TITLE ____--

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``National Beverage 
     Container Reuse and Recycling Act of 1995''.

     SEC. ____02. FINDINGS.

       Congress finds the following:
       (1) The failure to reuse and recycle empty beverage 
     containers represents a significant and unnecessary waste of 
     important national energy and material resources.
       (2) The littering of empty beverage containers constitutes 
     a public nuisance, safety hazard, and aesthetic blight and 
     imposes upon public agencies, private businesses, farmers, 
     and landowners unnecessary costs for the collection and 
     removal of the containers.
       (3) Solid waste resulting from the empty beverage 
     containers constitutes a significant and rapidly growing 
     proportion of municipal solid waste and increases the cost 
     and problems of effectively managing the disposal of the 
     waste.
       (4) It is difficult for local communities to raise the 
     necessary capital to initiate comprehensive recycling 
     programs.
       (5) The reuse and recycling of empty beverage containers 
     would help eliminate unnecessary burdens on individuals, 
     local governments, and the environment.
       (6) Several States have previously enacted and implemented 
     State laws designed to protect the environment, conserve 
     energy and material resources, and promote resource recovery 
     of waste by requiring a refund value on the sale of all 
     beverage containers.
       (7) The laws referred to in paragraph (6) have proven 
     inexpensive to administer and effective at reducing financial 
     burdens on communities by internalizing the cost of recycling 
     and litter control to the producers and consumers of 
     beverages.
       (8) A national system for requiring a refund value on the 
     sale of all beverage containers would act as a positive 
     incentive to individuals to clean up the environment and 
     would--
       (A) result in a high level of reuse and recycling of the 
     containers; and
       (B) help reduce the costs associated with solid waste 
     management.
       (9) A national system for requiring a refund value on the 
     sale of all beverage containers would result in significant 
     energy conservation and resource recovery.
       (10) The reuse and recycling of empty beverage containers 
     would eliminate unnecessary burdens on the Federal 
     Government, local and State governments, and the environment.
       (11) The collection of unclaimed refunds from a national 
     system of beverage container recycling would provide the 
     resources necessary to assist comprehensive reuse and 
     recycling programs throughout the United States.
       (12) A national system of beverage container recycling is 
     consistent with the intent of the Resource Conservation and 
     Recovery Act of 1976 (42 U.S.C. 6901 et seq.).
       (13) The provisions of this title are consistent with the 
     goals established by the Administrator of the Environmental 
     Protection Agency in January 1988. The goals include a 
     national goal of 25 percent source reduction and recycling by 
     1992, coupled with a substantial slowing of the projected 
     rate of increase in waste generation by the year 2000.

     SEC. ____03. AMENDMENT OF SOLID WASTE DISPOSAL ACT.

       (a) In General.--The Solid Waste Disposal Act is amended by 
     adding at the end thereof the following new subtitle:
               ``Subtitle K--Beverage Container Recycling

     ``SEC. 12001. DEFINITIONS.

       As used in this subtitle:
       ``(1) Beverage.--The term `beverage' means beer or other 
     malt beverage, mineral water, soda water, wine cooler, or a 
     carbonated soft drink of any variety in liquid form intended 
     for human consumption.
       ``(2) Beverage container.--The term `beverage container' 
     means a container--
       ``(A) constructed of metal, glass, or plastic (or a 
     combination of the materials);
       ``(B) having a capacity of up to one gallon of liquid; and
       ``(C) that is or has been sealed and used to contain a 
     beverage for sale in interstate commerce.
       ``(3) Beverage distributor.--The term `beverage 
     distributor' means a person who sells or offers for sale in 
     interstate commerce to beverage retailers beverages in 
     beverage containers for resale.
       ``(4) Beverage retailer.--The term `beverage retailer' 
     means a person who purchases from a beverage distributor 
     beverages in beverage containers for sale to a consumer or 
     who sells or offers to sell in commerce beverages in beverage 
     containers to a consumer.
       ``(5) Consumer.--The term `consumer' means a person who 
     purchases a beverage container for any use other than resale.
       ``(6) Refund value.--The term `refund value' means the 
     amount specified as the refund value of a beverage container 
     under section 12002.
       ``(7) Unbroken beverage container.--The term `unbroken 
     beverage container' shall include a beverage container opened 
     in a manner in which the container was designed to be opened. 
     A beverage container made of metal or plastic that is 
     compressed shall constitute an unbroken beverage container if 
     the statement of the amount of the refund value of the 
     container is still readable.
       ``(8) Wine cooler.--The term `wine cooler' means a drink 
     containing less than 7 percent alcohol (by volume)--
       ``(A) consisting of wine and plain, sparkling, or 
     carbonated water; and
       ``(B) containing a non-alcoholic beverage, flavoring, 
     coloring material, fruit juice, fruit adjunct, sugar, carbon 
     dioxide, or preservatives (or any combination thereof).

     ``SEC. 12002. REQUIRED BEVERAGE CONTAINER LABELING.

       ``Except as otherwise provided in section 12007, no 
     beverage distributor or beverage retailer may sell or offer 
     for sale in interstate commerce a beverage in a beverage 
     container unless there is clearly, prominently, and securely 
     affixed to, or printed on, the container a statement of the 
     refund value of the container in the amount of 10 cents. The 
     Administrator shall promulgate regulations establishing 
     uniform standards for the size and location of the refund 
     value statement on beverage containers. The 10 cent amount 
     specified in this section shall be subject to adjustment by 
     the Administrator, as provided in section 12008.

     ``SEC. 12003. ORIGINATION OF REFUND VALUE.

       ``For each beverage in a beverage container sold in 
     interstate commerce to a beverage retailer by a beverage 
     distributor, the distributor shall collect from the retailer 
     the amount of the refund value shown on the container. With 
     respect to each beverage in a beverage container sold in 
     interstate commerce to a consumer by a beverage retailer, the 
     retailer shall collect from the consumer the amount of the 
     refund value shown on the 
     [[Page S6543]] container. No person other than a person 
     described in this section may collect a deposit on a beverage 
     container.

     ``SEC. 12004. RETURN OF REFUND VALUE.

       ``(a) Payment by Retailer.--If a person tenders for refund 
     an empty and unbroken beverage container to a beverage 
     retailer who sells (or has sold at any time during the 3-
     month period ending on the date of tender) the same brand of 
     beverage in the same kind and size of container, the retailer 
     shall promptly pay the person the amount of the refund value 
     stated on the container.
       ``(b) Payment by Distributor.--
       ``(1) In general.--If a person tenders for refund an empty 
     and unbroken beverage container to a beverage distributor who 
     sells (or has sold at any time during the 3-month period 
     ending on the date of tender) the same brand of beverage in 
     the same kind and size of container, the distributor shall 
     promptly pay the person--
       ``(A) the amount of the refund value stated on the 
     container, plus
       ``(B) an amount equal to at least 2 cents per container to 
     help defray the cost of handling.
       ``(2) Tendering beverage containers to other persons.--This 
     subsection shall not preclude any person from tendering 
     beverage containers to persons other than beverage 
     distributors.
       ``(c) Agreements.--
       ``(1) In general.--Nothing in this subtitle shall preclude 
     agreements between distributors, retailers, or other persons 
     to establish centralized beverage collection centers, 
     including centers that act as agents of the retailers.
       ``(2) Agreement for crushing or bundling.--Nothing in this 
     subtitle shall preclude agreements between beverage 
     retailers, beverage distributors, or other persons for the 
     crushing or bundling (or both) of beverage containers.

     ``SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND PROVISIONS 
                   FOR STATE RECYCLING FUNDS.

       ``(a) Unclaimed Refunds.--At the end of each calendar year, 
     each beverage distributor shall pay to each State an amount 
     equal to the sum by which the total refund value of all 
     containers sold by the distributor for resale in that State 
     during the year exceeds the total sum paid during that year 
     by the distributor under section 12004(b) to persons in the 
     State. The total amount of unclaimed refunds received by any 
     State under this section shall be available to carry out 
     pollution prevention and recycling programs in the State.
       ``(b) Refunds in Excess of Collections.--If the total 
     amount of payments made by a beverage distributor in any 
     calendar year under section 12004(b) for any State exceeds 
     the total amount of the refund values of all containers sold 
     by the distributor for resale in the State, the excess shall 
     be credited against the amount otherwise required to be paid 
     by the distributor to that State under subsection (a) for a 
     subsequent calendar year, designated by the beverage 
     distributor.

     ``SEC. 12006. PROHIBITIONS ON DETACHABLE OPENINGS AND POST-
                   REDEMPTION DISPOSAL.

       ``(a) Detachable Openings.--No beverage distributor or 
     beverage retailer may sell, or offer for sale, in interstate 
     commerce a beverage in a metal beverage container a part of 
     which is designed to be detached in order to open the 
     container.
       ``(b) Post-Redemption Disposal.--No retailer or distributor 
     or agent of a retailer or distributor may dispose of any 
     beverage container labeled pursuant to section 12002 or any 
     metal, glass, or plastic from the beverage container (other 
     than the top or other seal thereof) in any landfill or other 
     solid waste disposal facility.

     ``SEC. 12007. EXEMPTED STATES.

       ``(a) In General.--
       ``(1) Exemption.--Sections 12002 through 12005 and sections 
     12008 and 12009 shall not apply in any State that--
       ``(A) has adopted and implemented requirements applicable 
     to all beverage containers sold in the State if the 
     Administrator determines the requirements to be substantially 
     similar to the provisions of sections 12002 through 12005 and 
     sections 12008 and 12009 of this subtitle; or
       ``(B) demonstrates to the Administrator that, for any 
     period of 12 consecutive months following the date of 
     enactment of this subtitle, the State achieved a recycling or 
     reuse rate for beverage containers of at least 70 percent.
       ``(2) Termination of exemption.--If at anytime following a 
     determination by the Administrator under paragraph (1)(B) 
     that a State has achieved a 70 percent recycling or reuse 
     rate, the Administrator determines that the State has failed, 
     for any 12-consecutive month period, to maintain at least a 
     70 percent recycling or reuse rate of beverage containers, 
     the Administrator shall notify the State that, on the 
     expiration of the 90-day period following the notification, 
     sections 12002 through 12005 and sections 12008 and 12009 
     shall apply with respect to the State until a subsequent 
     determination is made under paragraph (1)(A) or a 
     demonstration is made under paragraph (1)(B).
       ``(b) Determination of Tax.--No State or political 
     subdivision thereof that imposes a tax on the sale of any 
     beverage container may impose a tax on any amount 
     attributable to the refund value of the container.
       ``(c) Effect on Other Laws.--Nothing in this subtitle is 
     intended to affect the authority of any State or political 
     subdivision thereof--
       ``(1) to enact or enforce (or continue in effect) any law 
     concerning a refund value on containers other than beverage 
     containers; or
       ``(2) to regulate redemption and other centers that 
     purchase empty beverage containers from beverage retailers, 
     consumers, or other persons.

     ``SEC. 12008. REGULATIONS.

       ``(a) In General.--Not later than 12 months after the date 
     of enactment of this subtitle, the Administrator shall 
     prescribe regulations to carry out this subtitle.
       ``(b) Beverage Retailer.--The regulations shall include a 
     definition of the term `beverage retailer' for any case in 
     which beverages in beverage containers are sold to consumers 
     through beverage vending machines.
       ``(c) Adjustment for Inflation.--The regulations shall 
     adjust the 10 cent amount specified in section 12002 to 
     account for inflation. The initial adjustment shall become 
     effective on the date that is 10 years after the date of 
     enactment of this subtitle, and additional adjustments shall 
     become effective every 10 years thereafter.

     ``SEC. 12009. PENALTIES.

       ``Any person who violates any provision of section 12002, 
     12003, 12004, or 12006 shall be subject to a civil penalty of 
     not more than $1,000 for each violation. Any person who 
     violates any provision of section 12005 shall be subject to a 
     civil penalty of not more than $10,000 for each violation.

     ``SEC. 12010. EFFECTIVE DATE.

       ``Except as provided in section 12008, this subtitle shall 
     take effect on the date that is 2 years after the date of 
     enactment of this subtitle.''.
       (b) Table of Contents.--The table of contents for the Solid 
     Waste Disposal Act (42 U.S.C. prec. 6901) is amended by 
     adding at the end thereof the following new items:
               ``Subtitle K--Beverage Container Recycling

``Sec. 12001. Definitions.
``Sec. 12002. Required beverage container labeling.
``Sec. 12003. Origination of refund value.
``Sec. 12004. Return of refund value.
``Sec. 12005. Accounting for unclaimed refunds and provisions for State 
              recycling funds.
``Sec. 12006. Prohibitions on detachable openings and post-redemption 
              disposal.
``Sec. 12007. Exempted States.
``Sec. 12008. Regulations.
``Sec. 12009. Penalties.
``Sec. 12010. Effective date.''.
                                 ______


                  SMITH (AND OTHERS) AMENDMENT NO. 789

  Mr. SMITH (for himself, Mr. Chafee, and Mr. Baucus) proposed an 
amendment to the bill S. 534, supra; as follows:

       On page 38, line 18, strike the phrase ``the Administrator 
     has determined''.
       On page 39, after line 8, insert the following: ``For 
     purposes of developing the list required in this Section, the 
     Administrator shall be responsible for collating and 
     publishing only that information provided to the 
     Administrator by States pursuant to this Section. The 
     Administrator shall not be required to gather additional data 
     over and above that provided by the States pursuant to this 
     Section, nor to verify data provided by the States pursuant 
     to this Section, nor to arbitrate or otherwise entertain or 
     resolve disputes between States or other parties concerning 
     interstate movements of municipal solid waste. Any actions by 
     the Administrator under this Section shall be final and not 
     subject to judicial review.''
       On page 38, after the ``.'' on line 16 insert the 
     following: ``States making submissions referred to in this 
     Section to the Administrator shall notice these submissions 
     for public review and comment at the State level before 
     submitting them to the Administrator.''
       On page 33, line 20, strike ``(6)(D)'' and insert 
     ``(6)(C)''.
       On page 34, line 13, strike ``determined'' and insert 
     ``listed''.
       On page 34, line 13, strike ``(6)(E)'' and insert 
     ``(6)(C)''.
       On page 36, line 16, strike ``(6)(E)'' and insert 
     ``(6)(C)''.
       On page 50, strike line 18 and insert the following: ``in 
     which the generator of the waste has an ownership 
     interest.''.
                                 ______


                    D'AMATO AMENDMENTS NOS. 790-814

  (Ordered to lie on the table.)
  Mr. D'AMATO submitted 25 amendments intended to be proposed by him to 
the bill S. 534, supra; as follows:

                           Amendment No. 790

       At the appropriate place insert the following:
       (  ) Severability.--
       If any provision of this Act, an amendment made by this 
     Act, or the application of such provision or amendment to any 
     person or circumstance is held to be unconstitutional, the 
     remainder of this Act, the amendments made by this Act, and 
     the application of the provisions of such to any person or 
     circumstance shall not be affected thereby.
                    [[Page S6544]] Amendment No. 791

       On page 35, line 5, insert the phrase ``or permits 
     authorizing receipt of out-of-State municipal solid waste'' 
     after the word ``agreements''.
       On page 37, line 22, insert the phrase ``not covered by 
     host community agreements or permits authorizing receipt of 
     out-of-State municipal solid waste'' before the world 
     ``shall''.
       On page 38, line 3, delete ``July 1'' and insert ``May 1''.
       On page 38, line 8, insert the phrase ``at landfills or 
     incinerators not covered by host community agreements or 
     permits authorizing receipt of out-of-State municipal solid 
     waste'' after the word ``State''.
       On page 38, line 19, insert the phrase ``to landfills or 
     incinerators not covered by host-community agreements or 
     permits authorizing receipt of out-of-State municipal solid 
     waste'' before the word ``in''.
                                                                    ____


                           Amendment No. 792

       On page 64, at line 3, insert the following and reletter 
     all subsequent paragraphs:
       (f) State-Authorized Services and Local Plan Adoption.--A 
     political subdivision of a State may exercise flow control 
     authority for municipal solid waste and for recyclable 
     material voluntarily relinquished by the other or generator 
     of the material that is generated within its jurisdiction if, 
     prior to May 15, 1994, the political subdivision--
       (1) has been authorized by State statute to exercise flow 
     control authority and had implemented the authority through a 
     law, ordinance, regulation, contract, or other legally 
     binding provision; and
       (2) had adopted a local solid waste management plan 
     pursuant to State statute; and
       (3) had incurred significant financial expenditures for the 
     planning, site selection, design, permitting, construction or 
     acquisition of the facilities proposed in its local solid 
     waste management plan.
                                                                    ____


                           Amendment No. 793

       On page 60, delete from line 23 to page 61, line 2, and 
     replace with the following:
       (C) Revenue bonds.--Prior to May 15, 1994, revenue bonds 
     were presented for sale to specifically provide revenue for 
     the site selection, permitting or acquisition for 
     construction of the facility.
       On page 61, after line 8, add the following:
       (E) Financial expenditures.--Prior to May 15, 1994, the 
     State or political subdivision had executed revenue or 
     general obligation bonds or other financial instruments (such 
     as lines of credit and bond anticipation notes) to provide 
     for the site selection, permitting, or acquisition for 
     construction of the facility.
                                                                    ____

                           Amendment No. 794

       On page 64, after line (2), add a new subdivision (4) as 
     follows and reletter the remaining subdivisions accordingly:
       (f) State-Authorized Flow Control.--A political subdivision 
     of a State may exercise flow control for municipal solid 
     waste and recyclable material that is generated within its 
     jurisdiction if, prior to May 15, 1994 the political 
     subdivision had been authorized by State statute to exercise 
     flow control authority.
                                                                    ____


                           Amendment No. 795

       Page 64, line 3, insert the following as letter (f) and 
     reletter subsequent paragraphs accordingly:
       (f) State-Authorized Services and Local Plan Adoption.--A 
     political subdivision of a State may exercise flow control 
     authority for municipal solid waste and for recyclable 
     material voluntarily relinquished by the owner or generator 
     of the material that is generated within its jurisdiction if, 
     prior to May 15, 1994, the political subdivision--
       (1) had been authorized by State statute which specifically 
     named the political subdivision to exercise flow control 
     authority and had implemented the authority through a law, 
     ordinance, regulation, contract, or other legally binding 
     provision; and
       (2) had adopted a local solid waste management plan 
     pursuant to State statute and was required by State statute 
     to adopt such plan in order to submit a complete permit 
     application to construct a new solid waste management 
     facility proposed in such plan; and
       (3) had presented for sale a revenue or general obligation 
     bond to provide for the site selection, permitting, or 
     acquisition for construction of new facilities identified and 
     proposed in its local solid waste management plan; and
       (4) includes a municipality or municipalities required by 
     State law to adopt a local law or ordinance to require that 
     solid waste which has been left for collection shall be 
     separated into recyclable, reusable or other components for 
     which economic markets exist; and
       (5) is in a State that has aggressively pursued closure of 
     substandard municipal landfills, both by regulatory action 
     and under statute designed to protect deep flow recharge 
     areas in counties where potable water supplies are derived 
     from sole source aquifers.
                                                                    ____


                           Amendment No. 796

       On page 61, after line 8, insert the following:
       (E) Significant expenditure.--The political subdivision 
     had, prior to May 15, 1994, expended or committed to 
     expending at least 50 percent of the cost of a comprehensive 
     solid waste management system, and had relied on flow control 
     authority for the completion of the system and payment of 
     obligations incurred for the establishment of the system.
                                                                    ____


                           Amendment No. 797

       On page 61, after line 8, insert the following:
       (E) Significant expenditure.--The political subdivision 
     had, prior to May 15, 1994, expended or committed to 
     expending at least 75 percent of the cost of a comprehensive 
     solid waste management system, and had relied on flow control 
     authority for the completion of the system and payment of 
     obligations incurred for the establishment of the system.
                                                                    ____


                           Amendment No. 798

       On page 35, line 9, replace ``1993'' with ``1994''.
                                                                    ____

                           Amendment No. 799

       On page 46, line 19, before ``or'' add ``, to authorize, 
     require, or result in the violation or failure to perform the 
     terms of a written, legally binding contract entered into 
     before enactment of this section,''
                                                                    ____


                           Amendment No. 800

       On page 39, line 8, replace ``June 1'' with ``September 
     1''.
                                                                    ____


                           Amendment No. 801

       On page 38, lines 14 and 15, delete ``the identity of the 
     generator''.
                                                                    ____


                           Amendment No. 802

       On page 36, line 21, after ``waste'', add ``A limit or 
     prohibition shall be treated as violating and inconsistent 
     with a host community agreement or permit if the agreement or 
     permit establishes a higher limit or does not establish any 
     limit.''
                                                                    ____


                           Amendment No. 803

       On page 33, line 1, delete immediately upon date of 
     enactment of this section'' and insert ``beginning January 1, 
     1996''.
                                                                    ____


                           Amendment No. 804

       Starting on page 34, delete line 5 through page 35, line 2, 
     and renumber the remainder of the paragraphs accordingly.
                                                                    ____

                           Amendment No. 805

       Delete from page 34, line 5 through page 35, line 22 and 
     replace with the following:
       ``(3)(i) Except as provided in paragraph (4), no State may 
     export to landfills or incinerators in any 1 State, more than 
     the following amounts of municipal solid waste:
       ``(I) In calendar year 1996, 95 percent of the amount 
     exported to the State in calendar year 1993.
       ``(II) In calendar years 1997 through 2002, 95 percent of 
     the amount exported to the State in the previous year.
       ``(III) In calendar year 2003, and each succeeding year, 
     the limit shall be 50% of the amount exported in 1993.''
       On page 36, line 14, delete ``and (B)''.
       On page 37, line 22, insert the phrase ``not covered by 
     host community agreements or permits authorizing receipt of 
     out-of-State municipal solid waste'' before the word 
     ``shall''.
       On page 38, line 3, delete ``July 1'' and insert ``May 1''.
       On page 38, line 8, insert the phrase ``at landfills or 
     incinerators not covered by host community agreements or 
     permits authorizing receipt of out-of-State municipal solid 
     waste'' after the word ``State''.
       Delete page 38, line 17 through page 39, line 6 and replace 
     with the following:
       ``(C) List.--The Administrator shall publish a list of 
     importing States and the out-of-State municipal solid waste 
     received from each State at landfills or incinerators not 
     covered by host community agreements or permits authorizing 
     receipt of out-of-State municipal solid waste.''
                                                                    ____


                           Amendment No. 806

       Delete from page 34, line 5 through page 35, line 22 and 
     replace with the following:
       ``(3)(i) Except as provided in paragraph (4), no State may 
     export to landfills or incinerators in any 1 State, more than 
     the following amounts of municipal solid waste:
       ``(I) In calendar year 1996, 92 percent of the amount 
     exported to the State in calendar year 1993.
       ``(II) In calendar years 1997 through 2002, 92 percent of 
     the amount exported to the State in the previous year.
       ``(III) In calendar year 2003, and each succeeding year, 
     the limit shall be 50% of the amount exported in 1993.''
       On page 36, line 14, delete ``and (B)''.
       On page 37, line 22, insert the phrase ``not covered by 
     host community agreements or permits authorizing receipt of 
     out-of-State municipal solid waste'' before the word 
     ``shall''.
       On page 38, line 3, delete ``July 1'' and insert ``May 1''.
       On page 38, line 8, insert the phrase ``at landfills or 
     incinerators not covered by host community agreements or 
     permits authorizing receipt of out-of-State municipal solid 
     waste'' after the word ``State''.
       Delete page 38, line 17 through page 39, line 6 and replace 
     with the following:
       ``(C) List.--The Administrator shall publish a list of 
     importing States and the out-of-State municipal solid waste 
     received from each State at landfills or incinerators not 
     covered by host community agreements or permits authorizing 
     receipt of out-of-State municipal solid waste.'' 


[[Page S6545]]

                           Amendment No. 807

       Delete from page 34, line 5, through page 35, line 22 and 
     replace with the following:
       ``(3)(i) Except as provided in paragraph (4), no State may 
     export to landfills or incinerators in any 1 State, more than 
     the following amounts of municipal solid waste.
       (I) In calendar year 1996, 91 percent of the amount 
     exported to the State in calendar year 1993;
       (II) In calendar years 1997 through 2002, 91 percent of the 
     amount exported to the state in the previous year;
       (III) In calendar year 2003, and each succeeding year, the 
     limit shall be 50% of the amount exported in 1993.
       On page 36, line 14, delete ``and (B)''
       On page 37, line 22, insert the phrase ``not covered by 
     host community agreements or permits authorizing receipt of 
     out-of-State municipal solid waste'' before the word 
     ``shall''.
       On page 38, line 3, delete ``July 1'' and insert ``May 1''.
       On page 38, line 8, insert the phrase ``at landfills or 
     incinerators not covered by host community agreements or 
     permits authorizing receipt of out-of-State municipal solid 
     waste'' after the word ``State''.
       Delete page 38, line 17, through page 39, line 6 and 
     replace with the following:
       ``(C) List.--The Administrator shall publish a list of 
     importing states and the out-of-state municipal solid waste 
     received from each State at landfills or incinerators not 
     covered by host community agreements or permits authorizing 
     receipt of out-of-State municipal solid waste.''
                                                                    ____


                           Amendment No. 808

       Delete from page 34, line 5, through page 35, line 22 and 
     replace with the following:
       ``(3)(i) Except as provided in paragraph (4), no State may 
     export to landfills or incinerators in any 1 State, more than 
     the following amounts of municipal solid waste.
       (I) In calendar year 1996, 93 percent of the amount 
     exported to the State in calendar year 1993;
       (II) In calendar years 1997 through 2002, 93 percent of the 
     amount exported to the state in the previous year;
       (III) In calendar year 2003, and each succeeding year, the 
     limit shall be 50% of the amount exported in 1993.
       On page 36, line 14, delete ``and (B)''.
       On page 37, line 22, insert the phrase ``not covered by 
     host community agreements or permits authorizing receipt of 
     out-of-State municipal solid waste'' before the word 
     ``shall''.
       On page 38, line 3, delete ``July 1'' and insert ``May 1''.
       On page 38, line 8, insert the phrase ``at landfills or 
     incinerators not covered by host community agreements or 
     permits authorizing receipt of out-of-State municipal solid 
     waste'' after the word ``State''.
       Delete page 38, line 17 through page 39, line 6 and replace 
     with the following:
       ``(C) List.--The Administrator shall publish a list of 
     importing states and the out-of-state municipal solid waste 
     received from each State at landfills or incinerators not 
     covered by host community agreements or permits authorizing 
     receipt of out-of-State municipal solid waste.''
                                                                    ____

                           Amendment No. 809

       Delete from page 34, line 5, through page 35, line 22 and 
     replace with the following:
       ``(3)(i) Except as provided in paragraph (4), no State may 
     export to landfills or incinerators in any 1 State, more than 
     the following amounts of municipal solid waste.
       (I) In calendar year 1996, 94 percent of the amount 
     exported to the State in calendar year 1993,
       (II) In calendar years 1997 through 2002, 94 percent of the 
     amount exported to the state in the previous year;
       (III) In calendar year 2003, and each succeeding year, the 
     limit shall be 50% of the amount exported in 1993.
       On page 36, line 14, delete ``and (B)''
       On page 37, line 22, insert the phrase ``not covered by 
     host community agreements or permits authorizing receipt of 
     out-of-State municipal solid waste'' before the word 
     ``shall''
       On page 38, line 3, delete ``July 1'' and insert ``May 1''.
       On page 38, line 8, insert the phrase ``at landfills or 
     incinerators not covered by host community agreements or 
     permits authorizing receipt of out-of-State municipal solid 
     waste'' after the word ``State''
       Delete page 38, line 17, through page 39, line 6 and 
     replace with the following:
       ``(C) List.--The Administrator shall publish a list of 
     importing states and the out-of-state municipal solid waste 
     received from each State at landfills or incinerators not 
     covered by host community agreements or permits authorizing 
     receipt of out-of-State municipal solid waste.''
                                                                    ____


                           Amendment No. 810

       Delete from page 34, line 5, through page 35, line 22 and 
     replace with the following:
       ``(3)(i) Except as provided in paragraph (4), no State may 
     export to landfills or incinerators in any 1 State, more than 
     the following amounts of municipal solid waste.
       (I) In calendar year 1996, 94 percent of the amount 
     exported to the State in calendar year 1993;
       (II) In calendar years 1997 through 2002, 90 percent of the 
     amount exported to the state in the previous year;
       (III) In calendar year 2003, and each succeeding year, the 
     limit shall be 50% of the amount exported in 1993.
       On page 36, line 14, delete ``and (B)''
       On page 37, line 22, insert the phrase ``not covered by 
     host community agreements or permits authorizing receipt of 
     out-of-State municipal solid waste'' before the word 
     ``shall''
       On page 38, line 3, delete ``July 1'' and insert ``May 1''.
       On page 38, line 8, insert the phrase ``at landfills or 
     incinerators not covered by host community agreements or 
     permits authorizing receipt of out-of-State municipal solid 
     waste'' after the word ``State''
       Delete page 38, line 17, through page 39, line 6 and 
     replace with the following:
       ``(C) List.--The Administrator shall publish a list of 
     importing states and the out-of-state municipal solid waste 
     received from each State at landfills or incinerators not 
     covered by host community agreements or permits authorizing 
     receipt of out-of-State municipal solid waste.''
                                                                    ____

                           Amendment No. 811

       Replace from page 34, line 18, through page 35, line 2, 
     with the following:
       (i) 3,500,000 tons of municipal solid waste in each of 
     calendar years 1996 and 1997
       (ii) 3,000,000 tons of municipal solid waste in each of 
     calendar years 1998 and 1999
       (iii) 2,500,000 tons of municipal solid waste in each of 
     calendar years 2000 and 2001
       (iv) 2,000,000 tons of municipal solid waste in each of 
     calendar years 2002 and each year thereafter.
       On page 38, delete from line 22 to page 39, line 6, and 
     replace with the following:
       (i) 3,500,000 tons in 1996;
       (ii) 3,500,000 tons in 1997;
       (iii) 3,000,000 tons in 1998;
       (iv) 3,000,000 tons in 1999;
       (v) 2,500,000 tons in 2000;
       (vi) 2,500,000 tons in 2001;
       (vii) 2,000,000 tons in 2002 and each year thereafter.
                                                                    ____


                           Amendment No. 812

       On page 34, line 9, delete ``prohibit or''.
                                                                    ____


                           Amendment No. 813

       On page 34, lines 9 and 10, delete ``prohibit or limit the 
     amount'' and insert ``restrict levels of imports to reflect 
     the appropriate level as specified in (i) through (v)''.
                                                                    ____


                           Amendment No. 814
       Insert the following at the appropriate place:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Comprehensive Iran Sanctions 
     Act of 1995''.

     SEC. 2. CONGRESSIONAL FINDINGS.

       (a) Iran's Violations of Human Rights.--The Congress makes 
     the following findings with respect to Iran's violations of 
     human rights:
       (1) As cited by the 1991 United Nations Special 
     Representative on Human Rights, Amnesty International, and 
     the United States Department of State, the Government of Iran 
     has conducted assassinations outside of Iran, such as that of 
     former Prime Minister Shahpour Bakhtiar for which the 
     Government of France issued arrest warrants for several 
     Iranian governmental officials.
       (2) As cited by the 1991 United Nations Special 
     Representative on Human Rights and by Amnesty International, 
     the Government of Iran has conducted revolutionary trials 
     which do not meet internationally recognized standards of 
     fairness or justice. These trials have included such 
     violations as a lack of procedural safeguards, trial times of 
     5 minutes or less, limited access to defense counsel, forced 
     confessions, and summary executions.
       (3) As cited by the 1991 United Nations Special 
     Representative on Human Rights, the Government of Iran 
     systematically represses its Baha'i population. Persecutions 
     of this small religious community include assassinations, 
     arbitrary arrests, electoral prohibitions, and denial of 
     applications for documents such as passports.
       (4) As cited by the 1991 United Nations Special 
     Representative on Human Rights, the Government of Iran 
     suppresses opposition to its government. Political 
     organizations such as the Freedom Movement are banned from 
     parliamentary elections, have their telephones tapped and 
     their mail opened, and are systematically harassed and 
     intimidated.
       (5) As cited by the 1991 United Nations Special 
     Representative on Human Rights and Amnesty International, the 
     Government of Iran has failed to recognize the importance of 
     international human rights. This includes suppression of 
     Iranian human rights movements such as the Freedom Movement, 
     lack of cooperation with international human rights 
     organizations such as the International Red Cross, and an 
     overall apathy toward human rights in general. This lack of 
     concern prompted the Special Representative to state in his 
     report that Iran had made ``no appreciable progress towards 
     improved compliance with human rights in accordance with the 
     current international instruments''.
       (6) As cited by Amnesty International, the Government of 
     Iran continues to torture its political prisoners. Torture 
     methods include burns, arbitrary blows, severe beatings, and 
     positions inducing pain.
       (b) Iran's Acts of International Terrorism.--The Congress 
     makes the following findings, based on the records of the 
     Department 
     [[Page S6546]] of State, with respect to Iran's acts of 
     international terrorism:
       (1) As cited by the Department of State, the Government of 
     Iran was the greatest supporter of state terrorism in 1992, 
     supporting over 20 terrorist acts, including the bombing of 
     the Israeli Embassy in Buenos Aires that killed 29 people.
       (2) As cited by the Department of State, the Government of 
     Iran is a sponsor of radical religious groups that have used 
     terrorism as a tool. These include such groups as Hezballah, 
     HAMAS, the Turkish Islamic Jihad, and the Popular Front for 
     the Liberation of Palestine-General Command (PFLP-GC).
       (3) As cited by the Department of State, the Government of 
     Iran has resorted to international terrorism as a means of 
     obtaining political gain. These actions have included not 
     only the assassination of former Prime Minister Bakhitiar, 
     but the death sentence imposed on Salman Rushdie, and the 
     assassination of the leader of the Kurdish Democratic Party 
     of Iran.
       (4) As cited by the Department of State and the Vice 
     President's Task Force on Combatting Terrorism, the 
     Government of Iran has long been a proponent of terrorist 
     actions against the United States, beginning with the 
     takeover of the United States Embassy in Tehran in 1979. 
     Iranian support of extremist groups have led to the following 
     attacks upon the United States as well:
       (A) The car bomb attack on the United States Embassy in 
     Beirut killing 49 in 1983 by the Hezballah.
       (B) The car bomb attack on the United States Marine 
     Barracks in Beirut killing 241 in 1983 by the Hezballah.
       (C) The assassination of the president of American 
     University in 1984 by the Hezballah.
       (D) The kidnapping of all American hostages in Lebanon from 
     1984-1986 by the Hezballah.

     SEC. 3. TRADE EMBARGO.

       (a) In General.--Except as provided in subsection (d), 
     effective on the date of enactment of this Act, a total 
     embargo shall be in force on trade between the United States 
     and Iran.
       (b) Covered Transactions.--As part of such embargo the 
     following transactions are prohibited:
       (1) Currency transactions.--Any transaction in the currency 
     exchange of Iran.
       (2) Credit transactions.--The transfer of credit or 
     payments between, by, through, or to any banking institution, 
     to the extent that such transfers or payments involve any 
     interest of Iran or a national thereof.
       (3) Importation of currency or securities.--The importing 
     from, or exporting to, Iran of currency or securities.
       (4) Transactions in property.--Any acquisition, holding, 
     withholding, use, transfer, withdrawal, transportation, 
     importation or exportation of, or dealing in, or exercising 
     any right, power, or privilege with respect to, or any 
     transaction involving, any property in which Iran or any 
     national thereof has any interest; by any person, or with 
     respect to any property, subject to the jurisdiction of the 
     United States.
       (5) Exports.--The licensing for export to Iran, or for 
     export to any other country for reexport to Iran, by any 
     person subject to the jurisdiction of the United States of 
     any item or technology controlled under the Export 
     Administration Act of 1979, the Arms Export Control Act, or 
     the Atomic Energy Act of 1954.
       (c) Extraterritorial Application.--In addition to the 
     transactions described in subsection (b), the trade embargo 
     imposed by this Act prohibits any transaction described in 
     paragraphs (1) through (4) of that subsection when engaged in 
     by a United States national abroad.
       (d) Exceptions.--The authority granted to the President by 
     this section does not include the authority to regulate or 
     prohibit, directly or indirectly, the following:
       (1) Communications.--Any postal, telegraphic, telephonic, 
     or other personal communication, which does not involve a 
     transfer of anything of value.
       (2) Humanitarian assistance.--Donations, by persons subject 
     to the jurisdiction of the United States, of articles, such 
     as food, clothing, medicine, medical supplies, instruments, 
     or equipment intended to be used to relieve human suffering, 
     except to the extent that the President determines that such 
     donations are in response to coercion against the proposed 
     recipient or donor.
       (3) Information and informational materials.--The 
     importation from Iran, or the exportation to Iran, whether 
     commercial or otherwise, regardless of format or medium of 
     transmission, of any information or informational materials, 
     including but not limited to, publications, films, posters, 
     phonograph records, photographs, microfilms, microfiche, 
     tapes, compact discs, CD ROMs, artworks, and news wire feeds. 
     The exports exempted from regulation or prohibition by this 
     paragraph do not include those which are otherwise controlled 
     for export under section 5 of the Export Administration Act 
     of 1979, or under section 6 of such Act to the extent that 
     such controls promote the nonproliferation or antiterrorism 
     policies of the United States, or with respect to which acts 
     are prohibited by chapter 37 of title 18, United States Code.
       (e) Penalties.--Any person who violates this section or any 
     license, order, or regulation issued under this section shall 
     be subject to the same penalties as are applicable under 
     section 206 of the International Emergency Economic Powers 
     Act (50 U.S.C. 1705) to violations of licenses, orders, or 
     regulations under that Act.
       (f) Application to Existing Law.--This section shall apply 
     notwithstanding any other provision of law or international 
     agreement.

     SEC. 4. IMPOSITION OF SANCTIONS ON PERSONS ENGAGING IN TRADE 
                   WITH IRAN.

       (a) Determination by the President.--
       (1) In general.--The President shall impose the sanctions 
     described in subsection (b) if the President determines in 
     writing that, on or after the date of enactment of this Act, 
     a foreign person has, with requisite knowledge, engaged in 
     trade with Iran in any goods or technology (as defined in 
     section 16 of the Export Administration Act of 1979).
       (2) Persons against which the sanctions are to be 
     imposed.--The sanctions shall be imposed pursuant to 
     paragraph (1) on--
       (A) the foreign person with respect to which the President 
     makes the determination described in that paragraph;
       (B) any successor entity to that foreign person;
       (C) any foreign person that is a parent or subsidiary of 
     that person if that parent or subsidiary with requisite 
     knowledge engaged in the activities which were the basis of 
     that determination; and
       (D) any foreign person that is an affiliate of that person 
     if that affiliate with requisite knowledge engaged in the 
     activities which were the basis of that determination and if 
     that affiliate is controlled in fact by that person.
       (b) Sanctions.--
       (1) Description of sanctions.--The sanctions to be imposed 
     pursuant to subsection (a)(1) are, except as provided in 
     paragraph (2) of this subsection, as follows:
       (A) Procurement sanction.--The United States Government 
     shall not procure, or enter into any contract for the 
     procurement of, any goods or services from any person 
     described in subsection (a)(2).
       (B) Export sanction.--The United States Government shall 
     not issue any license for any export by or to any person 
     described in subsection (a)(2).
       (2) Exceptions.--The President shall not be required to 
     apply or maintain the sanctions under this section--
       (A) in the case of procurement of defense articles or 
     defense services--
       (i) under existing contracts or subcontracts, including the 
     exercise of options for production quantities to satisfy 
     requirements essential to the national security of the United 
     States;
       (ii) if the President determines in writing that the person 
     or other entity to which the sanction would otherwise be 
     applied is a sole source supplier of the defense articles or 
     services, that the defense articles or services are 
     essential, and that alternative sources are not readily or 
     reasonably available; or
       (iii) if the President determines in writing that such 
     articles or services are essential to the national security 
     under defense coproduction agreements;
       (B) to products or services provided under contracts 
     entered into before the date on which the President publishes 
     his intention to impose the sanction;
       (C) to--
       (i) spare parts which are essential to United States 
     products or production;
       (ii) component parts, but not finished products, essential 
     to United States products or production; or
       (iii) routine servicing and maintenance of products, to the 
     extent that alternative sources are not readily or reasonably 
     available;
       (D) to information and technology essential to United 
     States products or production; or
       (E) to medical or other humanitarian items.
       (c) Supersedes Existing Law.--The provisions of this 
     section supersede the provisions of section 1604 of the Iran-
     Iraq Arms Non-Proliferation Act of 1992 (as contained in 
     Public Law 102-484) as such section applies to Iran.

     SEC. 5. OPPOSITION TO MULTILATERAL ASSISTANCE.

       (a) International Financial Institutions.--(1) The 
     Secretary of the Treasury shall instruct the United States 
     executive director of each international financial 
     institution described in paragraph (2) to oppose and vote 
     against any extension of credit or other financial assistance 
     by that institution to Iran.
       (2) The international financial institutions referred to in 
     paragraph (1) are the International Bank for Reconstruction 
     and Development, the International Development Association, 
     the Asian Development Bank, and the International Monetary 
     Fund.
       (b) United Nations.--It is the sense of the Congress that 
     the United States Permanent Representative to the United 
     Nations should oppose and vote against the provision of any 
     assistance by the United Nations or any of its specialized 
     agencies to Iran.

     SEC. 6. WAIVER AUTHORITY.

       The provisions of sections 3, 4, and 5 shall not apply if 
     the President determines and certifies to the appropriate 
     congressional committees that Iran--
       (1) has substantially improved its adherence to 
     internationally recognized standards of human rights;
       (2) has ceased its efforts to acquire a nuclear explosive 
     device; and
     [[Page S6547]]   (3) has ceased support for acts of 
     international terrorism.

     SEC. 7. REPORT REQUIRED.

       Beginning 60 days after the date of enactment of this Act, 
     and every 90 days thereafter, the President shall transmit to 
     the appropriate congressional committees a report 
     describing--
       (1) the nuclear and other military capabilities of Iran; 
     and
       (2) the support, if any, provided by Iran for acts of 
     international terrorism.

     SEC. 8. DEFINITIONS.

       As used in this Act:
       (1) Act of international terrorism.--The term ``act of 
     international terrorism'' means an act--
       (A) which is violent or dangerous to human life and that is 
     a violation of the criminal laws of the United States or of 
     any State or that would be a criminal violation if committed 
     within the jurisdiction of the United States or any State; 
     and
       (B) which appears to be intended--
       (i) to intimidate or coerce a civilian population;
       (ii) to influence the policy of a government by 
     intimidation or coercion; or
       (iii) to affect the conduct of a government by 
     assassination or kidnapping.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committees 
     on Banking, Housing and Urban Affairs and Foreign Relations 
     of the Senate and the Committees on Banking and Financial 
     Services and International Relations of the House of 
     Representatives.
       (3) Foreign person.--The term ``foreign person'' means--
       (A) an individual who is not a United States national or an 
     alien admitted for permanent residence to the United States; 
     or
       (B) a corporation, partnership, or other nongovernment 
     entity which is not a United States national.
       (4) Iran.--The term ``Iran'' includes any agency or 
     instrumentality of Iran.
       (5) Nuclear explosive device.--The term ``nuclear explosive 
     device'' means any device, whether assembled or disassembled, 
     that is designed to produce an instantaneous release of an 
     amount of nuclear energy from special nuclear material that 
     is greater than the amount of energy that would be released 
     from the detonation of one pound of trinitrotoluene (TNT).
       (6) Definition.--For purposes of this subsection, the term 
     ``requisite knowledge'' means situations in which a person 
     ``knows'', as ``knowing'' is defined in section 104 of the 
     Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2).
       (7) United states.--The term ``United States'' means the 
     several States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Commonwealth of the Northern Mariana 
     Islands, American Samoa, Guam, the United States Virgin 
     Islands, and any other territory or possession of the United 
     States.
       (8) United states national.--The term ``United States 
     national'' means--
       (A) a natural person who is a citizen of the United States 
     or who owes permanent allegiance to the United States;
       (B) a corporation or other legal entity which is organized 
     under the laws of the United States, any State or territory 
     thereof, or the District of Columbia, if natural persons who 
     are nationals of the United States own, directly or 
     indirectly, more than 50 percent of the outstanding capital 
     stock or other beneficial interest in such legal entity; and
       (C) any foreign subsidiary of a corporation or other legal 
     entity described in subparagraph (B).
                                 ______


                     BREAUX AMENDMENTS NOS. 815-818

  (Ordered to lie on the table.)
  Mr. BREAUX submitted five amendments intended to be proposed by him 
to the bill S. 534, supra; as follows:

                           Amendment No. 815

       At the appropriate place, insert the following:

     SEC.   . STUDY OF INTERSTATE WASTE TRANSPORT.

       (a) Definitions.--In this section:
       (1) Hazardous waste.--The term ``hazardous waste'' has the 
     meaning provided in section 1004 of the Solid Waste Disposal 
     Act (42 U.S.C. 6903).
       (2) Sewage sludge.--The term ``sewage sludge''--
       (A) means solid, semisolid, or liquid residue generated 
     during the treatment of domestic sewage in a treatment works; 
     and
       (B) includes--
       (i) domestic septage;
       (ii) scum or a solid removed in a primary, secondary, or 
     advanced wastewater treatment process; and
       (iii) material derived from sewage sludge (as otherwise 
     defined in this paragraph); but
       (C) does not include--
       (i) ash generated during the firing of sewage sludge (as 
     otherwise defined in this paragraph) in a sewage sludge 
     incinerator; or
       (ii) grit or screening generated during preliminary 
     treatment of domestic sewage in a treatment works.
       (3) Sludge.--The term ``sludge'' has the meaning provided 
     in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 
     6903).
       (b) Study.--Not later than 3 years after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency shall conduct a study, and report to 
     Congress on the results of the study, to determine--
       (1) the quantity of sludge (including sewage sludge) and 
     hazardous waste that is being transported across State lines; 
     and
       (2) the ultimate disposition of the transported sludge and 
     waste.
                                                                    ____

                           Amendment No. 816

       Beginning on page 49, strike line 14 and all that follows 
     through page 51, line 17, and insert the following:

     tics, leather, rubber, hazardous waste, sewage sludge, or 
     other combustible or noncombustible materials such as metal 
     or glass (or any combination thereof). The term `municipal 
     solid waste' does not include--
       ``(A) any solid waste, including contaminated soil and 
     debris, resulting from a response action taken under section 
     104 or 106 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9604 or 
     9606) or a corrective action taken under this Act;
       ``(B) any metal, pipe, glass, plastic, paper, textile, or 
     other material that has been separated or diverted from 
     municipal solid waste (as otherwise defined in this 
     paragraph) and has been transported into a State for the 
     purpose of recycling or reclamation;
       ``(C) any solid waste that is--
       ``(i) generated by an industrial facility; and
       ``(ii) transported for the purpose of treatment, storage, 
     or disposal to a facility that is owned or operated by the 
     generator of the waste, or is located on property owned by 
     the generator of the waste, or is located on property owned 
     by a company with which the generator is affiliated;
       ``(D) any solid waste generated incident to the provision 
     of service in interstate, intrastate, foreign, or overseas 
     air transportation;
       ``(E) any industrial waste that is not identical to 
     municipal solid waste (as otherwise defined in this 
     paragraph) with respect to the physical and chemical state of 
     the industrial waste, and composition, including construction 
     and demolition debris;
       ``(F) any medical waste that is segregated from or not 
     mixed with municipal solid waste (as otherwise defined in 
     this paragraph); or
       ``(G) any material or product returned from a dispenser or 
     distributor to the manufacturer for credit, evaluation, or 
     possible reuse.
       ``(5) The term `compliance' means a pattern or practice of 
     adhering to and satisfying standards and requirements 
     promulgated by the Federal or a State government for the 
     purpose of preventing significant harm to human health and 
     the environment. Actions undertaken in accordance with 
     compliance schedules for remediation established by Federal 
     or State enforcement authorities shall be considered 
     compliance for purposes of this section.
       ``(6) Sewage sludge.--The term `sewage sludge'--
       ``(A) means solid, semisolid, or liquid residue generated 
     during the treatment of domestic sewage in a treatment works; 
     and
       ``(B) includes--
       ``(i) domestic septage;
       ``(ii) scum or a solid removed in a primary, secondary, or 
     advanced wastewater treatment process; and
       ``(iii) material derived from sewage sludge (as otherwise 
     defined in this paragraph); but
       ``(C) does not include--
       ``(i) ash generated during the firing of sewage sludge (as 
     otherwise defined in this paragraph) in a sewage sludge 
     incinerator; or
       ``(ii) grit or screenings generated during preliminary 
     treatment of domestic sewage in a treatment works.''
                                                                    ____


                           Amendment No. 817

       On page 49, line 14, after ``rubber,'' insert ``hazardous 
     waste,''.
                                                                    ____

                           Amendment No. 818

       Beginning on page 49, strike line 14 and all that follows 
     through page 51, line 17, and insert the following: tics, 
     leather, rubber, sewage sledge, or other combustible or 
     noncombustible materials such as metal or glass (or any 
     combination thereof). The term `municipal old waste' does not 
     include--
       ``(A) any solid waste identified or listed as a hazardous 
     waste under section 3001;
       ``(B) any solid waste, including contaminated solid and 
     debris, resulting from a response action taken under section 
     104 or 106 of the Comprehensive Environmental Response. 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9604 OR 
     9606) or a corrective action taken under this Act;
       ``(C) any metal, pipe, glass, plastic, paper, textile, or 
     other material that has been separated or diverted from 
     municipal solid waste (as otherwise defined in this 
     paragraph) and has been transported into a State for the 
     purpose of recycling or reclamation;
       ``(D) any solid waste that is--
       ``(i) generated by an industrial facility; and
       ``(ii) transported for the purpose of treatment, storage, 
     or disposal to a facility that is owned or operated by the 
     generator of the waste, or is located on property owned by 
     the generator of the waste, or is located on property owned 
     by a company with which the generator is affiliated;
       ``(E) any solid waste generated incident to the provision 
     of service in interstate, intrastate, foreign, or overseas 
     air transportation;
       ``(F) any industrial waste that is not identical to 
     municipal solid waste (as otherwise defined in this 
     paragraph) with respect to the physical and chemical state of 
     the industrial waste, and composition, including construction 
     and demolition debris;
       [[Page S6548]] ``(G) any medical waste that is segregated 
     from or not mixed with municipal solid waste (as otherwise 
     defined in this paragraph); or
       ``(H) any material or product returned from a dispenser or 
     distributor to the manufacturer for credit, evaluation, or 
     possible reuse.
       ``(5) The term `compliance' means a pattern or practice of 
     adhering to and satisfying standards and requirements 
     promulgated by the Federal or a State government for the 
     purpose of preventing significant harm to human health and 
     the environment. Actions undertaken in accordance with 
     compliance schedules for remediation established by Federal 
     or State enforcement authorities shall be considered 
     compliance for purposes of this section.
       ``(6) Sewage sludge.--The term `sewage sludge'--
       ``(A) means solid, semisolid, or liquid residue generated 
     during the treatment of domestic sewage in a treatment works; 
     and
       ``(B) includes--
       ``(i) domestic septage;
       ``(ii) scum or a solid removed in a primary, secondary, or 
     advanced wastewater treatment process; and
       ``(iii) material derived from sewage sludge (as otherwise 
     defined in this paragraph); but
       ``(C) does not include--
       ``(i) ash generated during the firing of sewage sludge (as 
     otherwise defined in this paragraph) in a sewage sludge 
     incinerator; or
       ``(ii) grit or screenings generated during preliminary 
     treatment of domestic sewage in a treatment works.
                                                                    ____

                                 ______


                      LIEBERMAN AMENDMENT NO. 819

  (Ordered to lie on the table).
  Mr. LIEBERMAN submitted an amendment intended to be proposed by him 
to the bill S. 534, supra; as follows:

       On pages 62-63, strike lines 24-25, and lines 1-3.
                                 ______


                        BIDEN AMENDMENT NO. 820

  (Ordered to lie on the table.)
  Mr. BIDEN submitted an amendment intended to be proposed by him to 
the bill S. 534, supra; as follows:

       On page 56, line 23, strike ``1994.'' and insert ``1994, or 
     were in operation prior to May 15, 1994 and were temporarily 
     inoperative on May 15, 1994,''.
                                 ______


                        BAUCUS AMENDMENT NO. 821

  (Ordered to lie on the table.)
  Mr. BAUCUS submitted an amendment intended to be proposed by him to 
the bill S. 534, supra; as follows:

       Beginning on page 33, line 9, strike all through page 46, 
     line 19, and insert the following:
       ``(a) Restriction on Receipt of Out-of-State Waste.--(1) In 
     general.--(A) Except as provided in subsections (b) and (e), 
     effective January 1, 1996, a landfill or incinerator in a 
     State may not receive for disposal or incineration any out-
     of-State municipal solid waste unless the owner or operator 
     of such landfill or incinerator has entered into a host 
     community agreement or obtained a permit authorizing receipt 
     of out-of-State municipal solid waste prior to enactment of 
     this section, or obtains a host community agreement pursuant 
     to this subsection.
       ``(2) Except as provided in paragraph (4), immediately upon 
     the date of publication of the list required in paragraph 
     (6)(D) and notwithstanding the absence of a request in 
     writing by the affected local government, a Governor, in 
     accordance with paragraph (5), may limit the quantity of out-
     of-State municipal solid waste received for disposal at each 
     landfill or incinerator covered by the exceptions provided in 
     subsection (b) that is subject to the jurisdiction of the 
     Governor, to an annual amount equal to or greater than the 
     quantity of out-of-State municipal solid waste received for 
     disposal at such landfill or incinerator during calendar year 
     1993.
       ``(3)(A) Except as provided in paragraph (4), immediately 
     upon the date of publication of the list required in 
     paragraph (6)(E), and notwithstanding the absence of a 
     request in writing by the affected local government, a 
     Governor, in accordance with paragraph (5), may prohibit or 
     limit the amount of out-of-State municipal solid waste 
     disposed of at any landfill or incinerator covered by the 
     exceptions in subsection (b) that is subject to the 
     jurisdiction of the Governor, generated in any State that is 
     determined by the Administrator under paragraph (6)(E) as 
     having exported, to landfills or incinerators not covered by 
     host community agreements or permits authorizing receipt of 
     out-of-State municipal solid waste, more than--
       ``(i) 3,500,000 tons of municipal solid waste in calendar 
     year 1996;
       ``(ii) 3,000,000 tons of municipal solid waste in each of 
     calendar years 1997 and 1998;
       ``(iii) 2,500,000 tons of municipal solid waste in each of 
     calendar years 1999 and 2000;
       ``(iv) 1,500,000 tons of municipal solid waste in each of 
     calendar years 2001 and 2002; and
       ``(v) 1,000,000 tons of municipal solid waste in calendar 
     year 2003 and each year thereafter.
       ``(B)(i) No State may export to landfills or incinerators 
     in any 1 State that are not covered by host community 
     agreements more than the following amounts of municipal solid 
     waste:
       ``(I) In calendar year 1996, the greater of 1,400,000 tons 
     or 90 percent of the amount exported to the State in calendar 
     year 1993.
       ``(II) In calendar year 1997, the greater of 1,300,000 tons 
     or 90 percent of the amount exported to the State in calendar 
     year 1996.
       ``(III) In calendar year 1998, the greater of 1,200,000 
     tons or 90 percent of the amount exported to the State in 
     calendar year 1997.
       ``(IV) In calendar year 1999, the greater of 1,100,000 tons 
     or 90 percent of the amount exported to the State in calendar 
     year 1998.
       ``(V) In calendar year 2000, 1,000,000 tons.
       ``(VI) In calendar year 2001, 800,000 tons.
       ``(VII) In calendar year 2002 or any calendar year 
     thereafter, 600,000 tons.
       ``(ii) The Governor of an importing State may take action 
     to restrict levels of imports to reflect the appropriate 
     level of out-of-State municipal solid waste imports if--
       ``(I) the Governor of the importing State has notified the 
     Governor of the exporting State and the Administrator, 12 
     months prior to taking any such action, of the importing 
     State's intention to impose the requirements of this section;
       ``(II) the Governor of the importing State has notified the 
     Governor of the exporting State and the Administrator of the 
     violation by the exporting State of this section at least 90 
     days prior to taking any such action; and
       ``(III) the restrictions imposed by the Governor of the 
     importing State are uniform at all facilities.
       ``(C) The authority provided by subparagraphs (A) and (B) 
     shall apply for as long as a State exceeds the permissible 
     levels as determined by the Administrator under paragraph 
     (6)(E).
       ``(4)(A) A Governor may not exercise the authority granted 
     under this section if such action would result in the 
     violation of, or would otherwise be inconsistent with, the 
     terms of a host community agreement or a permit issued from 
     the State to receive out-of-State municipal solid waste.
       ``(B) Except as provided in paragraph (3), a Governor may 
     not exercise the authority granted under this section in a 
     manner that would require any owner or operator of a landfill 
     or incinerator covered by the exceptions provided in 
     subsection (b) to reduce the amount of out-of-State municipal 
     solid waste received from any State for disposal at such 
     landfill or incinerator to an annual quantity less than the 
     amount received from such State for disposal at such landfill 
     or incinerator during calendar year 1993.
       ``(5) Any limitation imposed by a Governor under paragraph 
     (2) or (3)--
       ``(A) shall be applicable throughout the State;
       ``(B) shall not directly or indirectly discriminate against 
     any particular landfill or incinerator within the State; and
       ``(C) shall not directly or indirectly discriminate against 
     any shipments of out-of-State municipal solid waste on the 
     basis of place of origin and all such limitations shall be 
     applied to all States in violation of paragraph (3).
       ``(6) Annual state report.--
       ``(A) In general.--Within 90 days after enactment of this 
     section and on April 1 of each year thereafter the owner or 
     operator of each landfill or incinerator receiving out-of-
     State municipal solid waste shall submit to the affected 
     local government and to the Governor of the State in which 
     the landfill or incinerator is located, information 
     specifying the amount and State of origin of out-of-State 
     municipal solid waste received for disposal during the 
     preceding calendar year. Within 120 days after enactment of 
     this section and on July 1 of each year thereafter each State 
     shall publish and make available to the Administrator, the 
     Governor of the State of origin and the public, a report 
     containing information on the amount of out-of-State 
     municipal solid waste received for disposal in the State 
     during the preceding calendar year.
       ``(B) Contents.--Each submission referred to in this 
     section shall be such as would result in criminal penalties 
     in case of false or misleading information. Such information 
     shall include the amount of waste received, the State of 
     origin, the identity of the generator, the date of the 
     shipment, and the type of out-of-State municipal solid waste.
       ``(C) List.--The Administrator shall publish a list of 
     States that the Administrator has determined have exported 
     out-of-State in any of the following calendar years an amount 
     of municipal solid waste in excess of--
       ``(i) 3,500,000 tons in 1996;
       ``(ii) 3,000,000 tons in 1997;
       ``(iii) 3,000,000 tons in 1998;
       ``(iv) 2,500,000 tons in 1999;
       ``(v) 2,500,000 tons in 2000;
       ``(vi) 1,500,000 tons in 2001;
       ``(vii) 1,500,000 tons in 2002;
       ``(viii) 1,000,000 tons in 2003; and
       ``(ix) 1,000,000 tons in each calendar year after 2003.
       The list for any calendar year shall be published by June 1 
     of the following calendar year.
       ``(D) Savings provision.--Nothing in this subsection shall 
     be construed to preempt any State requirement that requires 
     more frequent reporting of information.
       ``(7) Any affected local government that intends to enter 
     into a host community agreement after the date of enactment 
     of this section, shall prior to taking such action--
       [[Page S6549]] ``(A) notify the Governor, contiguous local 
     governments, and any contiguous Indian tribes;
       ``(B) publish notice of the action in a newspaper of 
     general circulation at least 30 days before taking such 
     action;
       ``(C) provide an opportunity for public comment in 
     accordance with State law, including at least 1 public 
     hearing; and
       ``(D) following notice and comment, take formal action on 
     any proposed request or action at a public meeting.
       ``(8) Any owner or operator seeking a host community 
     agreement after the date of enactment of this subsection 
     shall provide to the affected local government the following 
     information, which shall be made available to the public from 
     the affected local government:
       ``(A) A brief description of the planned facility, 
     including a description of the facility size, ultimate waste 
     capacity, and anticipated monthly and yearly waste quantities 
     to be handled.
       ``(B) A map of the facility site that indicates the 
     location of the facility in relation to the local road system 
     and topographical and hydrological features and any buffer 
     zones and
      facility units to be acquired by the owner or operator of 
     the facility.
       ``(C) A description of the existing environmental 
     conditions at the site, and any violations of applicable laws 
     or regulations.
       ``(D) A description of environmental controls to be 
     utilized at the facility.
       ``(E) A description of the site access controls to be 
     employed, and roadway improvements to be made, by the owner 
     or operator, and an estimate of the timing and extent of 
     increased local truck traffic.
       ``(F) A list of all required Federal, State, and local 
     permits.
       ``(G) Any information that is required by State or Federal 
     law to be provided with respect to any violations of 
     environmental laws (including regulations) by the owner and 
     operator, the disposition of enforcement proceedings taken 
     with respect to the violations, and corrective measures taken 
     as a result of the proceedings.
       ``(H) Any information that is required by State or Federal 
     law to be provided with respect to compliance by the owner or 
     operator with the State solid waste management plan.
       ``(b) Exceptions to Authority To Prohibit Out-of-Sate 
     Municipal Solid Waste.--(1) The prohibition on the disposal 
     of out-of-State municipal solid waste in subsection (a)(1) 
     shall not apply to landfills and incinerators in operation on 
     the date of enactment of this section that--
       ``(A) received during calendar year 1993 documented 
     shipments of out-of-State municipal solid waste; and
       ``(B)(i) in the case of landfills, are in compliance with 
     all applicable Federal and State laws and regulations 
     relating to operation, design and location standards, 
     leachate collection, ground water monitoring, and financial 
     assurance for closure and post-closure and corrective action; 
     or
       ``(ii) in the case of incinerators, are in compliance with 
     the applicable requirements of section 129 of the Clean Air 
     Act (42 U.S.C. 7429) and applicable State laws and 
     regulations relating to facility design and operations.
       ``(C) before the date of enactment of this section, the 
     owner or operator entered into a host community agreement or 
     received a permit specifically authorizing the owner or 
     operator to accept at the landfill or incinerator municipal 
     solid waste generated outside the State in which it is or 
     will be located.''
       ``(2) A Governor may not prohibit the disposal of out-of-
     State municipal solid waste pursuant to subsection (a)(1) 
     facilities described in this subsection that are not in 
     compliance with applicable Federal and State laws and 
     regulations unless disposal of municipal solid waste 
     generated within the State at such facilities is also 
     prohibited.
       ``(3) The owner or operator of a landfill or incinerator 
     that is exempt under this subsection from the prohibition in 
     subsection (a)(1) shall provide to the State and affected 
     local government, and make available for inspection by the 
     public in the affected local community, a copy of the host 
     community agreement or permit referenced in subparagraph (C). 
     The owner or operator may omit from such copy or other 
     documentation any proprietary information, but shall ensure 
     that at least the following information is apparent; the 
     volume of out-of-State municipal solid waste received; the 
     place of origin of the waste, and the duration of any 
     relevant contract.
       ``(c) Additional Authority To Limit Out-of-State Municipal 
     Solid Waste.--(1) In any case in which an affected local 
     government is considering entering into, or has entered into, 
     a host community agreement and the disposal or incineration 
     of out-of-State municipal solid waste under such agreement 
     would preclude the use of municipal solid waste management 
     capacity described in paragraph (2), the Governor of the 
     State in which the affected local government is located may 
     prohibit the execution of such host community agreement with 
     respect to that capacity.
       ``(2) The municipal solid waste management capacity 
     referred to in paragraph (1) is that capacity--
       ``(A) that is permitted under Federal or State law;
       ``(B) that is identified under the State plan; and
       ``(C) for which a legally binding commitment between the 
     owner or operator and another party has been made for its use 
     for disposal or incineration of municipal solid waste 
     generated within the region (identified under section 
     4006(a)) in which the local government is located.
       ``(d) Cost Recovery Surcharge.--
       ``(1) Authority.--A State described in paragraph (2) may 
     adopt a law and impose and collect a cost recovery charge on 
     the processing or disposal of out-of-State municipal solid 
     waste in the State in accordance with this subsection.
       ``(2) Applicability.--The authority to impose a cost 
     recovery surcharge under this subsection applies to any State 
     that on or before April 3, 1994, imposed and collected a 
     special fee on the processing or disposal of out-of-State 
     municipal solid waste pursuant to a State law.
       ``(3) Limitation.--No such State may impose or collect a 
     cost recovery surcharge from a facility on any out-of-State 
     municipal solid waste that is being received at the facility 
     under 1 or more contracts entered into after April 3, 1994, 
     and before the date of enactment of this section.
       ``(4) Amount of surcharge.--The amount of the cost recovery 
     surcharge may be no greater than the amount necessary to 
     recover those costs determined in conformance with paragraph 
     (6) and in no event may exceed $1.00 per ton of waste.
       ``(5) Use of surcharge collected.--All cost recovery 
     surcharges collected by a State covered by this subsection 
     shall be used to fund those solid waste management programs 
     administered by the State or its political subdivision that 
     incur costs for which the surcharge is collected.
       ``(6) Conditions.--(A) Subject to subparagraphs (B) and 
     (C), a State covered by this subsection may impose and 
     collect a cost recovery surcharge on the processing or 
     disposal within the State of out-of-State municipal solid 
     waste if--
       ``(i) the State demonstrates a cost to the State arising 
     from the processing or disposal within the State of a volume 
     of municipal solid waste from a source outside the State;
       ``(ii) the surcharge is based on those costs to the State 
     demonstrated under clause (i) that, if not paid for through 
     the surcharge, would otherwise have to be paid or subsidized 
     by the State; and
       ``(iii) the surcharge is compensatory and is not 
     discriminatory.
       ``(B) In no event shall a cost recovery surcharge be 
     imposed by a State to the extent that the cost for which 
     recovery is sought is otherwise paid, recovered, or offset by 
     any other fee or tax assessed against or voluntarily paid to 
     the State or its political subdivision in connection with the 
     generation, transportation, treatment, processing, or 
     disposal of solid waste.
       ``(C) The grant of a subsidy by a State with respect to 
     entities disposing of waste generated within the State does 
     not constitute discrimination for purposes of subparagraph 
     (A)(iii).
       ``(7) Definitions.--As used in this subsection:
       ``(A) The term `costs' means the costs incurred by the 
     State for the implementation of its laws governing the 
     processing or disposal of municipal solid waste, limited to 
     the issuance of new permits and renewal of or modification of 
     permits, inspection and compliance monitoring, enforcement, 
     and costs associated with technical assistance, data 
     management, and collection of fees.
       ``(B) The term `processing' means any activity to reduce 
     the volume of solid waste or alter its chemical, biological 
     or physical state, through processes such as thermal 
     treatment, bailing, composting, crushing, shredding, 
     separation, or compaction.
       ``(e) Savings Clause.--Nothing in this section shall be 
     interpreted or construed--
       ``(1) to have any effect on State law relating to contracts 
     to authorize, require, or result in the violation or failure 
     to perform the terms of a written, legally binding contract 
     entered into before enactment of this section during the life 
     of the contract as determined under State law; or
                                 ______


                         DODD AMENDMENT NO. 822

  (Ordered to lie on the table.)
  Mr. DODD submitted an amendment intended to be proposed by him to the 
bill S. 534, supra; as follows:

       In the committee substitute on page 62, line 14, strike 
     ``and'', and all that follows through line 3 on page 63, and 
     insert the following:

     ``or
       ``(iii) entered into contracts with the operator of a solid 
     waste facility selected by an operating committee composed of 
     local political subdivisions created pursuant to State law to 
     deliver or cause to be delivered to the facility 
     substantially all of the disposable municipal solid waste 
     that is generated or collected by or within the control of 
     the political subdivision, which imposed flow control 
     pursuant to a law, ordinance, regulation, or other legally 
     binding provision and where outstanding revenue bonds were 
     issued on behalf of the operating committee for waste 
     management facilities;
       ``(B) prior to May 15, 1994, the public service authority 
     or operating committee composed of local political 
     subdivisions created pursuant to State law--
       ``(i) issued or had issued on its behalf, the revenue bonds 
     for the construction of municipal solid waste facilities to 
     which the political subdivision's municipal solid waste is 
     transferred or disposed; and
       [[Page S6550]] ``(ii) commenced operation of the 
     facilities.''
                                 ______


                     SMITH AMENDMENTS NOS. 823-824

  (Ordered to lie on the table.)
  Mr. SMITH submitted two amendments intended to be proposed by him to 
the bill S. 534, supra; as follows:

                           Amendment No. 823

       On page 56, lines 18 through 21, strike ``the substantial 
     construction of which facilities was performed after the 
     effective date of that law, ordinance, regulation, or other 
     legally binding provision and''.
                                                                    ____


                           Amendment No. 824

       On page 56, strike lines 10 through 13 and insert the 
     following:
       ``(A)(i) had been exercised prior to May 15, 1994, and was 
     being implemented on May 15, 1994, pursuant to a law, 
     ordinance, regulation, or other legally binding provision of 
     the State or political subdivision; or
       ``(ii) had been exercised prior to May 15, 1994, but 
     implementation of such law, ordinance, regulation, or other 
     legally binding provi-''.
                                 ______


                   WELLSTONE AMENDMENTS NOS. 825-826

  (Ordered to lie on the table.)
  Mr. WELLSTONE submitted two amendments intended to be proposed by him 
to the bill S. 534, supra; as follows:

                           Amendment No. 825

       On page 56, strike lines 18 through 21 and insert in lieu 
     thereof the following: ``material is to be delivered, or the 
     substantial construction of which facilities was performed 
     after the effective date of that law, ordinance, regulation, 
     or other legally binding provision, and
       (c)''.
                                                                    ____


                           Amendment No. 826

       On page 59, between lines 20 and 21, insert the following:
       ``(6) For the purposes of (1), ``was being implemented on 
     May 15, 1994'' includes provisions that would have been in 
     implementation on such date but for any court decision 
     finding that such provisions unconstitutionally interfere 
     with interstate commerce or but for the voluntary decision of 
     a State or its political subdivision to suspend 
     implementation because of the existence of such court 
     decision or decisions.''.
                                 ______


                     SMITH AMENDMENTS NOS. 827-828

  (Ordered to lie on the table.)
  Mr. SMITH submitted two amendments intended to be proposed by him to 
the bill S. 534, supra; as follows:

                           Amendment No. 827

       On page 67, strike the period and quotation mark at the end 
     of line 2.
       On page 67, between lines 2 and 3, insert the following:
       ``(k) Title Not Applicable To Listed Facilities.--
     Notwithstanding any other provision of this title, the 
     authority to exercise flow control shall not apply to any 
     facility that--
       ``(1) on the date of enactment of this Act, is listed on 
     the National Priorities List under the comprehensive 
     Environmental, Response, Compensation and Liability Act (42 
     U.S.C. 9601 et seq.); or
       ``(2) as of May 15, 1994, was the subject of a pending 
     proposal by the Administrator of the Environmental Protection 
     Agency to be listed on the National Priorities List.''.
                                                                    ____


                           Amendment No. 828

       On page 60, strike lines 1 through 5 and insert the 
     following:
       ``(A)(i) the law, ordinance, regulation, or other legally 
     binding provision specifically provides for flow control 
     authority for municipal solid waste generated within its 
     boundaries; and
       ``(ii) such authority was exercised prior to May 15, 1995, 
     and was being implemented on May 15, 1994.''.
                                 ______


                       DOMENICI AMENDMENT NO. 829

  (Ordered to lie on the table.)
  Mr. DOMENICI submitted an amendment intended to be proposed by him to 
the bill S. 534, supra; as follows:

  On page 69, line 22, strike ````.''
       On page 69, between lines 22 and 23, insert the following 
     new provision:
       ``(5) Further revisions of guidelines and criteria.--Not 
     later than April 9, 1997, the Administrator shall promulgate 
     revisions to the guidelines and criteria promulgated under 
     this title to allow states to promulgate alternate design, 
     operating, landfill gas and groundwater monitoring, financial 
     assurance, and closure requirements for landfills which 
     receive 20 tons or less of solid waste per day based on an 
     annual average and are located in areas receiving 20 inches 
     or less of annual precipitation, provided that such alternate 
     requirements are sufficient to protect human health and the 
     environment.''.
                                 ______


                     DeWINE AMENDMENTS NOS. 830-834

  (Ordered to lie on the table.)
  Mr. DeWINE submitted five amendments intended to be proposed by him 
to the bill S. 534, supra; as follows:

                           Amendment No. 830

       On page 43, between lines 14 and 15, insert the following:
       ``(d) Additional Authority To Limit Out-of-State Municipal 
     Solid Waste by Imposing a Percentage Limitation.--
       ``(1) State law.--A State may by law provide that a State 
     permit for a new landfill or incinerator shall include a 
     percentage limitation on the total quantity of out-of-State 
     municipal solid water that may be received at the landfill or 
     incinerator.
       ``(2) Requirements.--A percentage limitation imposed under 
     paragraph (1)--
       ``(A) shall be uniform for all landfills or incinerators 
     for which a permit is required under State law; and
       ``(B) shall not discriminate against out-of-State municipal 
     solid waste based on the State of origin unless the waste is 
     received under an agreement entered into under section 
     1005(b) pursuant to which the State and 1 or more other 
     States (referred to in this subsection as an `exporting 
     State') have agreed on a different percentage limitation for 
     specific facilities for municipal solid waste from any such 
     exporting State.
       ``(3) Major modifications.--This subsection shall apply to 
     a permit (or permit amendment) for a major modification of a 
     landfill or incinerator in the same manner as it applies to a 
     permit for a new landfill or incinerator if the landfill or 
     incinerator was not authorized to receive out-of-State 
     municipal waste pursuant to a host community agreement prior 
     to the date of enactment of this section.
                                                                    ____

                           Amendment No. 831

       On page 42, line 19, after ``Waste,'' insert the following: 
     ``by requiring use of municipal solid waste management 
     capacity under a host community agreement''.
                                                                    ____


                           Amendment No. 832

       On page 43, line 15, strike ``(d)'' and insert ``(e)''.
                                                                    ____


                           Amendment No. 833

       On page 46, line 16, strike ``(e)'' and insert ``(f)''.
                                                                    ____


                           Amendment No. 834

       On page 47, line 5, strike ``(f)'' and insert ``(g)''.
                                 ______


                   KEMPTHORNE AMENDMENTS NOS. 835-848

  (Ordered to lie on the table.)
  Mr. KEMPTHORNE submitted 14 amendments intended to be proposed by him 
to the bill S. 534, supra; as follows:

                           Amendment No. 835

       On page 40, lines 19 and 20, after the word, ``site'', 
     strike the following: ``and any violations of applicable laws 
     or regulations''.
                                                                    ____


                           Amendment No. 836

       On page 39, line 8, strike the word, ``June'', and in lieu 
     thereof insert the word, ``September''.
                                                                    ____


                           Amendment No. 837

       On page 38, line 14, after the word, ``received,'' strike 
     everything through the end of the sentence and in lieu 
     thereof insert the following: ``the State of origin and the 
     date of shipment.''.
                                                                    ____


                           Amendment No. 838

       On page 33, line 11, strike the words, ``immediately upon 
     the date of enactment of this section,'' and in lieu thereof 
     insert the words, ``beginning January 1, 1996.''
                                                                    ____


                           Amendment No. 839

       On page 52, line 6, add the following new subsection:
       (  ) Application.--The provisions of this section shall not 
     apply to prohibit or limit receipt of out-of-State municipal 
     solid waste at any landfill or incinerator that meets both of 
     the following conditions:
       (A) The facility has been granted a permit under State law 
     to receive municipal solid waste for combustion or disposal; 
     and
       (B) The State or its political subdivision within which the 
     facility is located has exercised any flow control authority 
     provided under other provisions of this subtitle to prohibit 
     or limit the receipt by the facility of municipal solid waste 
     that is generated within the State or its political 
     subdivision.
                                                                    ____

                           Amendment No. 840

       On page 45, lines 15 and 16, after the word, ``tax'', 
     strike the words, ``assessed against or voluntarily''; on 
     lines 16 and 17, after the word, ``subdivision'', insert the 
     following: ``, or to the extent that the amount of the 
     surcharge is offset by voluntarily agreed payments to a State 
     or its political subdivision''.
                                                                    ____


                           Amendment No. 841

       On page 52, line 3, after the word, ``it'', strike the 
     words, ``clearly and affirmatively states'', and in lieu 
     thereof insert the words, ``reasonably evidences''.
                    [[Page S6551]] Amendment No. 842

       On page 45, line 19, after the number, ``3001'', add the 
     following words, ``or waste regulated under the Toxic 
     Substances and Control Act (15 U.S.C. 2601 et seq.)''.
                                                                    ____


                           Amendment No. 843

       On page 48, lines 22 and 23, after the word, 
     ``additional'', strike the word, ``express'' and in lieu 
     thereof insert the word, ``specific''.
                                                                    ____


                           Amendment No. 844

       On page 46, line 19, after the word, ``contracts'', insert 
     the following: ``, or to authorize, require, or result in the 
     violation or failure to perform the terms of a written, 
     legally binding contract entered into before enactment of 
     this section''.
                                                                    ____


                           Amendment No. 845

       On page 44, line 44, line 8, strike the words, ``enactment 
     of this section'' and in lieu thereof insert the words, 
     ``adoption of a State law authorized by this subsection''.
                                                                    ____


                           Amendment No. 846

       On page 43, line 23, after the word, ``on'', strike the 
     words, ``or before''.
                                                                    ____


                           Amendment No. 847

       On page 36, line 21, add the following new sentence: ``A 
     limit or prohibition shall be treated as a violation of and 
     inconsistent with a host community agreement or permit if the 
     agreement or permit establishes a higher limit or does not 
     establish any limit.''.
                                                                    ____


                           Amendment No. 848

       On page 35, line 5, after the word ``agreements'', insert 
     the words, ``or permits authorizing receipt of out-of-State 
     municipal solid waste''.
                                 ______


                     LEVIN AMENDMENTS NOS. 849-858

  (Ordered to lie on the table.)
  Mr. LEVIN submitted 10 amendments intended to be proposed by him to 
the bill S. 534, supra; as follows:

                           Amendment No. 849

       On page 49, line 3, after ``of the State.'' strike all that 
     follows through line 8.
                                                                    ____


                           Amendment No. 850

       On page 56, line 23, after ``1994'' insert ``, or,
       (C) was used by the political subdivision to finance 
     resource recovery or waste reduction programs.''
                                                                    ____


                           Amendment No. 851

       On page 60, lines 7 and 8, strike ``a waste management 
     facility'' and insert ``1 or more waste management 
     facilities''.
                                                                    ____


                           Amendment No. 852

       On page 53, lines 17 and 18 and insert ``to 1 or more 
     designated waste management facilities or facilities for 
     recyclable material''.
                                                                    ____


                           Amendment No. 853

       On page 63, line 24, strike ``and'' and insert ``or''.
                                                                    ____


                           Amendment No. 854

       On page 63, line 22, strike ``significant''.
                                                                    ____


                           Amendment No. 855

       On page 63, line 11, strike ``operation of solid waste 
     facilities to serve the''.
                                                                    ____


                           Amendment No. 856

       On page 63, line 16, strike ``30'' and insert ``25''.
                                                                    ____


                           Amendment No. 857

       On page 56, line 18, after ``delivered,'' insert ``or''.
                                                                    ____

                           Amendment No. 858

       On page 59, line 1, strike ``1984'' and insert ``1989''.
                                 ______


                      FEINSTEIN AMENDMENT NO. 859

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN submitted an amendment intended to be proposed by her 
to the bill S. 534, supra; as follows:

       On page 64, line 3, insert the following as subsection (f) 
     and reletter subsequent subsections accordingly:
       (f) Notwithstanding the provisions of this section, a 
     political subdivision which, upon date of enactment of this 
     section, is mandated by state law to divert 25 percent, by 
     January 1, 1995, and 50 percent, by January 1, 2000, of all 
     solid waste generated within its jurisdiction from landfill 
     and resource recovery facilities through source reduction, 
     recycling, and composting activities, may enter into a 
     contract, franchise or agreement with, or issue a license or 
     permit to, a public or private entity by which the public or 
     private entity is exclusively or nonexclusively authorized to 
     provide a solid waste management activity. Such state or 
     political subdivision may as a condition in such contract, 
     agreement, license or permit, require the public or private 
     entity to deliver the solid waste or voluntarily relinquished 
     recyclable material to a waste management facility identified 
     by the state or political subdivision in such contract, 
     agreement, license or permit. Any such contract, franchise or 
     agreement, regardless of its effective date, and any such 
     license or permit, regardless of when issued, shall be 
     considered to be a reasonable regulation of commerce and 
     shall not be considered to be an undue burden on or to 
     otherwise impair, restrain, or discriminate against 
     interstate commerce. For purposes of this subsection, the 
     term ``solid waste'' shall mean solid waste as defined under 
     the law, in existence on the date of enactment of this 
     subsection, of the state.
                                 ______

      DODD AMENDMENT NO. 860
  (Ordered to lie on the table.)
  Mr. DODD submitted an amendment intended to be proposed by him to the 
bill S. 534, supra; as follows:

       In the Committee substitute, on page 62, line 14, strike 
     ``and'', and all that follows through line 3 on page 63, and 
     insert the following:

     ``or
       ``(iii) entered into contracts with the operator of a solid 
     waste facility selected by an operating committee composed of 
     local political subdivisions created pursuant to state law to 
     deliver or cause to be delivered to the facility 
     substantially all of the disposable municipal solid waste 
     that is generated or collected by or within the control of 
     the political subdivision, which imposed flow control 
     pursuant to a law, ordinance, regulation, or other legally 
     binding provision and where outstanding revenue bonds were 
     issued on behalf of the operating committee for waste 
     management facilities;
       ``(B) prior to May 15, 1994, the public service authority 
     or operating committee composed of local political 
     subdivisions created pursuant to state law--
       ``(i) issued or had issued on its behalf, the revenue bonds 
     for the construction of municipal solid waste facilities to 
     which the political subdivision's municipal solid waste is 
     transferred or disposed; and
       ``(ii) commenced operation of the facilities.
       ``(2) Duration of authority.--Authority under this 
     subsection may be exercised by a political subdivision 
     qualifying under paragraph (1)(A)(ii) or paragraph 
     (1)(A)(iii) only until the expiration of the contract or the 
     life of the bond, whichever is earlier.
                                 ______

                  MURKOWSKI AMENDMENTS NO. 861 AND 862

  Mr. CHAFEE (for Mr. Murkowski) proposed two amendments to the bill S. 
534, supra; as follows:

                           Amendment No. 861

       On page 19, line 19, before ``would be infeasible'' insert 
     ``or unit that is located in or near a small, remote Alaska 
     village''.
                                                                    ____


                           Amendment No. 862

       On page   , line   , before ``would be infeasible'' insert 
     ``or unit that is located in or near a small, remote Alaska 
     village''.
                                 ______


                        PRYOR AMENDMENT NO. 863

  (Order to lie on the table.)
  Mr. PRYOR submitted an amendment intended to be proposed by him to an 
amendment intended to be proposed by Mr. Kempthorne to bill S. 534, 
supra; as follows:

       On page 64, between lines 2 and 3, insert the following:
       ``(f) Inclusion of Certain Additional States and Political 
     Subdivisions.--Notwithstanding any other provision of this 
     title, flow control authority granted under this title may be 
     exercised by a State or political subdivision that, prior to 
     May 15, 1994, adopted a flow control measure or measures, 
     individually or collectively, that required the delivery of 
     flow-controllable solid waste to a proposed or existing waste 
     management facility.
                                 ______


                 LEVIN (AND ABRAHAM) AMENDMENT NO. 864

  (Ordered to lie on the table.)
  Mr. LEVIN (for himself and Mr. Abraham) submitted an amendment 
intended to be proposed by them to the bill S. 534, supra; as follows:

       On page 33, strike line 9 and all that follows through line 
     17, and insert the following:
       ``(a) Restriction on Receipt of Out-of-State Municipal 
     Solid Waste.--
       ``(1) In general.--
       ``(A) Authorization.--Effective 90 days after enactment, a 
     landfill or incinerator in a State may not receive for 
     disposal or incineration any out-of-State municipal solid 
     waste unless the owner or operator of the landfill or 
     incinerator obtains
      explicit authorization (as part of a host community 
     agreement) from the affected local government to receive 
     the waste.
       ``(B) Requirements for authorization.--An authorization 
     under subparagraph (A) shall--
       ``(i) be granted by formal action at a meeting;
       ``(ii) be recorded in writing in the official record of the 
     meeting; and
       ``(iii) remain in effect according to its terms.
       ``(C) Discretionary terms and conditions.--An authorization 
     under subparagraph (A) may specify terms and conditions, 
     including an amount of out-of-State waste that an owner or 
     operator may receive and the duration of the authorization.
       [[Page S6552]] ``(D) Notification.--Promptly, but not later 
     than 90 days after an authorization is granted, the affected 
     local government shall notify the Governor, contiguous local 
     governments, and any contiguous Indian tribes of an 
     authorization under subparagraph (A).
       ``(2) Information.--Prior to seeking an authorization to 
     receive out-of-State municipal solid waste under paragraph 
     (1), the owner or operator of the facility seeking the 
     authorization shall provide (and make readily available to 
     the Governor, each contiguous local government and Indian 
     tribe, and any other interested person for inspection and 
     copying) the following information:
       ``(A) A brief description of the facility, including, with 
     respect to both the facility and any planned expansion of the 
     facility, the size, ultimate waste capacity, and the 
     anticipated monthly and yearly quantities of (expressed in 
     terms of volume) waste to be handled.
       ``(B) A map of the facility site disclosing--
       ``(i) the location of the site in relation to the local 
     road system and topography and hydrogeological features; and
       ``(ii) any buffer zones or facility units to be acquired by 
     the owner or operator.
       ``(C)(i) A description of the then-current environmental 
     characteristics of the site and of ground water use in the 
     area (including identification of private wells and public 
     drinking water sources).
       ``(ii) A discussion of alterations that may be necessitated 
     by, or occur as a result of, the facility.
       ``(D) A description of--
       ``(i) environmental controls typically required to be used 
     on the site (pursuant to permit requirements), including run-
     on and runoff management, air pollution control devices, 
     source separation procedures (if any), methane monitoring and 
     control, landfill covers, liners or leachate collection 
     systems, and monitoring programs; and
       ``(ii) any waste residuals generated by the facility, 
     including leachate or ash, and the planned management of the 
     residuals.
       ``(E) A description of site access controls to be employed, 
     and roadway improvements to be made, by the owner or 
     operator, and an estimate of the timing and extent of 
     increased local truck traffic.
       ``(F) A list of all required Federal, State, and local 
     permits.
       ``(G) Estimates of the personnel requirements of the 
     facility, including information regarding the probable skill 
     and education levels required for jobs at the facility, 
     which, to the extent practicable, distinguishes between 
     employment statistics for preoperational levels and those for 
     postoperational levels.
       ``(H) Any information that is required by Federal or State 
     law to be provided with respect to--
       ``(i) any violations of environmental laws (including 
     regulations) by the owner, the operator, or any subsidiary of 
     the owner or operator;
       ``(ii) the disposition of enforcement proceedings taken 
     with respect to the violations; and
       ``(iii) corrective action and rehabilitation measures taken 
     as a result of the proceedings.
       ``(I) Any information that is required by Federal or State 
     law to be provided with respect to gifts and contributions 
     made by the owner or operator.
       ``(J) Any information that is required by Federal or State 
     law to be provided with respect to compliance by the owner or 
     operator with the State solid waste management plan.
       ``(3) Notification.--Prior to taking formal action with 
     respect to granting authorization to receive out-of-State 
     municipal solid waste pursuant to this subsection, an 
     affected local government shall--
       ``(A) notify the Governor, contiguous local governments, 
     and any contiguous Indian tribes;
       ``(B) publish notice of the action in a newspaper of 
     general circulation at least 30 days before holding a hearing 
     and again at least 15 days before holding the hearing, unless 
     State law provides for an alternate form of public 
     notification; and
       ``(C) provide an opportunity for public comment in 
     accordance with State law, including at least 1 public 
     hearing.
                                 ______


                     BREAUX AMENDMENTS NOS. 865-866

  (Ordered to lie on the table.)
  Mr. BREAUX submitted two amendments intended to be proposed by him to 
the bill S. 534, supra; as follows:

                           Amendment No. 865

       At the appropriate place, insert the following:

     SEC.   . STUDY OF INTERSTATE SLUDGE TRANSPORT.

       (a) Definitions.--In this section:
       (1) Sewage sludge.--The term ``sewage sludge''--
       (A) means solid, semisolid, or liquid residue generated 
     during the treatment of domestic sewage in a treatment works; 
     and
       (B) includes--
       (i) domestic septage;
       (ii) scum or a solid removed in a primary, secondary, or 
     advanced wastewater treatment process; and
       (iii) material derived from sewage sludge (as otherwise 
     defined in this paragraph); but
       (C) does not include--
       (i) ash generated during the firing of sewage sludge (as 
     otherwise defined in this paragraph) in a sewage sludge 
     incinerator; or
       (ii) grit or screenings generated during preliminary 
     treatment of domestic sewage in a treatment works.
       (2) Sludge.--The term ``sludge'' has the meaning provided 
     in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 
     6903).
       (b) Study.--Not later than 3 years after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency shall conduct a study, and report to 
     Congress on the results of the study, to determine--
       (1) the quantity of sludge (including sewage sludge) that 
     is being transported across State lines; and
       (2) the ultimate disposition of the transported sludge.
                                                                    ____

                           Amendment No. 866

       At the appropriate place, insert the following:

     SEC.   . STUDY OF INTERSTATE HAZARDOUS WASTE TRANSPORT.

       (a) Definition of Hazardous Waste.--In this section, the 
     term ``hazardous waste'' has the meaning provided in section 
     1004 of the Solid Waste Disposal Act (42 U.S.C. 6903).
       (b) Study.--Not later than 3 years after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency shall conduct a study, and report to 
     Congress on the results of the study, to determine--
       (1) the quantity of hazardous waste that is being 
     transported across State lines; and
       (2) the ultimate disposition of the transported waste.
                                 ______


                 JEFFORDS (AND LEAHY) AMENDMENT NO. 867

  Mr. JEFFORDS proposed an amendment to the bill S. 534, supra; as 
follows:

       On page 64, between lines 2 and 3, insert the following:
       ``(f) State Solid Waste District Authority.--A solid waste 
     district of a State may exercise flow control authority for 
     municipal solid waste and for recyclable material voluntarily 
     relinquished by the owner or generator of the material that 
     is generated within its jurisdiction if--
       ``(1) the solid waste district is currently required to 
     initiate a recyclable materials recycling program in order to 
     meet a municipal solid waste reduction goal of at least 30 
     percent by the year 2000, and uses revenues generated by the 
     exercise of flow control authority strictly to implement 
     programs to manage municipal solid waste, other than 
     development of incineration; and
       ``(2) prior to May 15, 1994, the solid waste district--
       ``(A) was responsible under State law for the management 
     and regulation of the storage, collection, processing, and 
     disposal of solid wastes within its jurisdiction;
       ``(B) was authorized by State statute (enacted prior to 
     January 1, 1990) to exercise flow control authority, and 
     subsequently adopted the authority through a law, ordinance, 
     regulation, contract, franchise, or other legally binding 
     provision; and
       ``(C) was required by State statute (enacted prior to 
     January 1, 1992) to develop and implement a solid waste 
     management plan consistent with the State solid waste 
     management plan, and the district solid waste management plan 
     was approved by the appropriate State agency prior to 
     September 15, 1994.
                                 ______


                       MOYNIHAN AMENDMENT NO. 868

  Mr. CHAFEE (for Mr. Moynihan) proposed an amendment to the bill S. 
534, supra; as follows:

       On page 60, line 7, strike the word ``a'' and insert ``the 
     particular''.
       On page 60, line 8, strike the word ``facility'' and insert 
     in its place ``facilities or public service authority''.
       On page 60, line 15, strike the word ``facility'' and 
     insert in its place ``facilities or public service 
     authority''.
                                 ______


                CAMPBELL (AND OTHERS) AMENDMENT NO. 869

  Mr. CHAFEE (for Mr. Campbell for himself, Mr. Brown, and Mr. 
Kempthorne) proposed an amendment to the bill S. 534, supra; as 
follows:

       On page 69, strike the quotation mark and period at the end 
     of line 22.
       On page 69, between lines 22 and 23, insert the following:
       ``(5) No-migration exemption.--
       ``(A) In general.--Ground water monitoring requirements may 
     be suspended by the Director of an approved State for a 
     landfill operator if the operator demonstrates that there is 
     no potential for migration of hazardous constituents from the 
     unit to the uppermost acquifer during the active life of the 
     unit and the post-closure care period.
       ``(B) Certification.--A demonstration under subparagraph 
     (A) shall--
       ``(i) be certified by a qualified groundwater scientists 
     and approved by the Director of an approved State.
       ``(C) Guidance.--
       ``(i) In general.--Not later than 6 months after the date 
     of enactment of this paragraph, the Administrator shall issue 
     a guidance document to facilitate small community use of the 
     no migration exemption under this paragraph.

[[Page S6553]]

                 DODD (AND LIEBERMAN) AMENDMENT NO. 870

  Mr. CHAFEE (for Mr. Dodd, for himself and Mr. Lieberman) proposed an 
amendment to the bill S. 534, supra; as follows:

       On page 55, line 8, add
       ``(B) other body created pursuant to State law or'',
       Redesignate ``(B)'' as ``(C)''.
       On page 62 line 1 insert after ``authority'', ``or on its 
     behalf by a State entity''.
       On page 62 line 17 insert after ``bonds'', ``or had issued 
     on its behalf by a State entity''.
       On page 62 line 24 strike all through page 63 line 3, and 
     insert the following, ``the authority under this subsection 
     shall be exercised in accordance with section 4012(b)(4).''.
                                 ______


                   ROTH (AND BIDEN) AMENDMENT NO. 871

  Mr. CHAFEE (for Mr. Roth, for himself and Mr. Biden) proposed an 
amendment to the bill S. 534, supra; as follows:

       On page 53, line 3, strike ``or political subdivision'' and 
     insert ``, political subdivision, or public service 
     authority''.
       On page 53, line 4, strike ``or political subdivision'' and 
     insert ``, political subdivision, or public service 
     authority''.
       On page 53, lines 7 and 8, strike ``or political 
     subdivision'' and insert ``, political subdivision, or public 
     service authority''.
       On page 53, line 10, strike ``or political subdivision'' 
     and insert ``, political subdivision, or public service 
     authority''.
       On page 56, lines 1 and 2, strike ``and each political 
     subdivision of a State'' and insert ``, political subdivision 
     of a State, and public Service authority''.
       On page 56, line 12, strike ``or political subdivision'' 
     and insert ``, political subdivision, or public service 
     authority''.
       On page 57, line 4, strike ``or political subdivision'' and 
     insert ``, political subdivision, or public service 
     authority''.
       On page 57, line 7, strike ``or political subdivision'' and 
     insert ``, political subdivision, or public service 
     authority''.
       On page 57, line 21, strike ``or political subdivision'' 
     and insert ``, political subdivision, or public service 
     authority''.
                                 ______


                   BIDEN (AND ROTH) AMENDMENT NO. 872

  Mr. CHAFEE (for Mr. Biden for himself and Mr. Roth) proposed an 
amendment to the bill S. 534, supra; as follows:

       On page 56, line 23, strike ``1994.'' and insert ``1994, or 
     were in operation prior to May 15, 1994 and were temporarily 
     inoperative on May 15, 1994,''.
                                 ______


                  SMITH (AND OTHERS) AMENDMENT NO. 873

  Mr. CHAFEE (for Mr. Smith for himself, Mr. Thomas, Mr. Cohen, Mrs. 
Hutchison, and Ms. Snowe) proposed an amendment to the bill S. 534, 
supra; as follows:

       On page 56, lines 18 through 21, strike ``the substantial 
     construction of which facilities was performed after the 
     effective date of that law, ordinance, regulation, or other 
     legally binding provision and''.
       On page 67, strike the period and quotation mark at the end 
     of line 2.
       On page 67, between lines 2 and 3, insert the following:
       ``(k) Title Not Applicable To Listed Facilities.--
     Notwithstanding any other provision of this title, the 
     authority to exercise flow control shall not apply to any 
     facility that--
       ``(1) on the date of enactment of this Act, is listed on 
     the National Priorities List under the comprehensive 
     Environmental, Response, Compensation and Liability Act (42 
     U.S.C. 9601 et seq.): or
       ``(2) as of May 15, 1994, was the subject of a pending 
     proposal by the Administrator of the Environmental Protection 
     Agency to be listed on the National Priorities List.''.
                                 ______


                SMITH (AND WELLSTONE) AMENDMENT NO. 874

  Mr. CHAFEE (for Mr. Smith for himself and Mr. Wellstone) proposed an 
amendment to the bill S. 534, supra; as follows:

       On page 56, strike lines 10 through 13 and insert the 
     following:
       ``(A)(i) had been exercised prior to May 15, 1994, and was 
     being implemented on May 15, 1994, pursuant to a law, 
     ordinance, regulation, or other legally binding provision of 
     the State or political subdivision; or
       ``(ii) had been exercised prior to May 15, 1994, but 
     implementation of such law, ordinance, regulation, or other 
     legally binding provision of the State or political 
     subdivision was prevented by an injunction, temporary 
     restraining order, or other court action, or was suspended by 
     the voluntary decision of the State or political subdivision 
     because of the existence of such court action.
       On page 60, strike lines 1 through 5 and insert the 
     following:
       ``(A)(i) the law, ordinance, regulation, or other legally 
     binding provision specifically provides for flow control 
     authority for municipal solid waste generated within its 
     boundaries; and
       ``(ii) such authority was exercised prior to May 15, 1995, 
     and was being implemented on May 15, 1994.
     
                                                                    ____
                  SNOWE (AND COHEN) AMENDMENT NO. 875

  Mr. CHAFEE (for Ms. Snowe for herself and Mr. Cohen) proposed an 
amendment to the bill S. 534, supra; as follows:

       On page 58, line 5, strike ``original facility'' and insert 
     ``facility (as in existence on the date of enactment of this 
     section)''.
                                 ______


                        PRYOR AMENDMENT NO. 876

  Mr. CHAFEE for (Mr. Pryor) proposed an amendment to the bill S. 534, 
supra; as follows:

       On page 61, between lines 7 and 8, insert the following:
       ``(d) Formation of Solid Waste Management District to 
     Purchase and Operate Existing Facility.--Notwithstanding 
     subsection (b)(1) (A) and (B), a solid waste management 
     district that was formed by a number of political 
     subdivisions for the purpose of purchasing and operating a 
     facility owned by 1 of the political subdivisions may 
     exercise flow control authority under subsection (b) if--
       ``(1) the facility was fully licensed and in operation 
     prior to May 15, 1994;
       ``(2) prior to April 1, 1994, substantial negotiations and 
     preparation of documents for the formation of the district 
     and purchase of the facility were completed;
       ``(3) prior to May 15, 1994, at least 80 percent of the 
     political subdivisions that were to participate in the solid 
     waste management district had adopted ordinances committing 
     the political subdivisions to participation and the remaining 
     political subdivisions adopted such ordinances within 2 
     months after that date; and
       ``(3) the financing was completed, the acquisition was 
     made, and the facility was placed under operation by the 
     solid waste management district by September 21, 1994.
                                 ______


                  COHEN (AND SNOWE) AMENDMENT NO. 877

  Mr. CHAFEE (for Mr. Cohen for himself and Ms. Snowe) proposed an 
amendment to the bill S. 534, supra; as follows:

       On page 55, between lines 10 and 11 insert the following:
       ``(5) Put or pay agreement.--(1) The term `put or pay 
     agreement' means an agreement that obligates or otherwise 
     requires a State or political subdivision to--
       ``(A) deliver a minimum quantity of municipal solid waste 
     to a waste management facility; and
       ``(B) pay for that minimum quantity of municipal solid 
     waste even if the stated minimum quantity of municipal solid 
     waste is not delivered within a required period of time.
       ``(2) For purposes of the authority conferred by 
     subsections (b) and (c), the term `legally binding provision 
     of the State or political subdivision' includes a put or pay 
     agreement that designates waste to a waste management 
     facility that was in operation on or before December 31, 1988 
     and that requires an aggregate tonnage to be delivered to the 
     facility during each operating year by the political 
     subdivisions which have entered put or pay agreements 
     designating that waste management facility.
       ``(3) The entering into of a put or pay agreement shall be 
     considered to be a designation (as defined in subsection 
     (a)(1)) for all purposes of this title.''
     

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