[Congressional Record Volume 143, Number 33 (Friday, March 14, 1997)]
[Senate]
[Pages S2324-S2331]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CHAFEE (for himself and Mr. Dodd):

  S. 445. A bill to amend the Solid Waste Disposal Act to encourage 
recycling of waste tires and abate tire dumps and tire stockpiles, and 
for other purposs; to the Committee on Environment and Public Works.


     THE WASTE TIRE RECYCLING, ABATEMENT, AND DISPOSAL ACT OF 1997

  Mr. CHAFEE. Mr. President, today I rise to introduce the Waste Tire 
Recycling, Abatement, and Disposal Act of 1997. This is really a 
reintroduction of legislation I first offered in 1991 to address a very 
serious environmental hazard.
  What is that hazard I am talking about? It is the very real threat 
posed by improper disposal and stockpiling of used tires. 
Unfortunately, the threat posed by improper management of used, scrap 
tires is as great or greater than when I first introduced this 
legislation some 6 years ago.
  The scope of the waste tire problem is enormous. Americans generate 
approximately--think of this--250 million scrap tires per year. That is 
a tire per person in the United States of America that is disposed of. 
Over time, approximately 3 billion--not million, 3 billion--of these 
tires have accumulated in the surface stockpiles throughout our 
country.
  These used tires pose real threats to the health and welfare of 
communities. They are places where water is collected, thus mosquitoes 
breed, some of them encephalitis-carrying mosquitoes. They provide a 
home for rodents. They are bad news.
  The threats proposed by piles of tires are great also. Few things are 
worse as far as fires go than to have a pile of rubber tires catch on 
fire. These can start from lightning or they can start from acts of 
vandalism. Burning tire piles produce a dense toxic smoke and also 
produce the oil byproducts that have gone into the making of the tires, 
and thus we have toxic hydrocarbon compounds. The hydrocarbons so 
released can soil the air, can soil the soil and, more important, can 
contaminate surface water and ground water. Often the piles of tires 
and the fires that result can burn for months and cost millions of 
dollars to attempt to extinguish. Putting out the fire may just be the 
tip of the iceberg as there have been released enough toxic substances 
that, as I say, go into the ground water and cause tremendous problems.
  In my State of Rhode Island, the threat from tire piles is not just 
an abstraction. Smithfield, RI, is the reluctant host of a tire dump 
that reportedly is the second largest in the United States. Estimates 
of the size vary, but the so-called Davis tire pile is thought by our 
Department of Environmental Management to contain 10 million scrapped 
tires. This tire pile is close to our reservoir. It is only 4 miles 
from the principal source of drinking water in our State, the Scituate 
Reservoir. A major fire at the site could foul the reservoir through a 
fallout from dense soot and by contamination of the ground water 
aquifers.
  Nationwide, waste tires are still accumulating in large stockpiles. 
Why?

[[Page S2325]]

 What happens? Where is the end of this? Well, why have the tire piles 
grown? There are several reasons.
  First, landfills are reluctant to accept scrap tires.
  Second, the nature of modern steel-belted radial tires makes it very 
difficult to recycle these into new ones. Once upon a time, old tires 
were retreaded, as we all know. You cannot do that with radial tires.
  The third reason is that the other markets for the beneficial reuse 
of this material have been slow to emerge. Scrap tires have some value. 
They contain a lot of Btu's, more Btu's per pound than most grades of 
coal and can be burned to produce electricity. Many folks operating 
tire dumps are hoping for higher energy prices so that there will be a 
windfall for these scrapped tires. However, there is significant 
opposition to new waste combustion facilities across our country. There 
is a reluctance to have these waste combustion facilities in one's 
community. So combustion seems now a less likely option to solve the 
tire problem.

  And finally, where there are beneficial uses for scrap tires, the 
processors like what they call clean tires, ones that do not have dirt 
or rocks or gravel in them.
  The waste tire management program that is contained in my legislation 
has three purposes. What am I trying to do? First, to assure that scrap 
tires are managed in a way that reduces the risk of fires and spread of 
disease.
  Second, the bill would require the elimination of waste tire dumps 
within 4 years after enactment. It requires that the 3 billion tires in 
stockpiles across our country be recycled or burned or shredded or 
buried by the end of the year 2006.
  And finally, the management program is intended to encourage markets 
for recycled material from tires.
  Now, all of this would take place as an amendment to the Resource 
Conservation and Recovery Act, so-called RCRA, with which we are 
familiar in this body and is already legislation for the Nation. The 
traditional partnership program between EPA and RCRA through the States 
will lead to implementation of this program. In other words, it is a 
partnership between EPA and the States. The bill encourages States to 
adopt a program to safely manage existing tire piles. The bill 
authorizes grants to States to develop and implement State programs to 
manage these piles of tires.
  The bill will limit disease and fire problems. The fire threat will 
be reduced by including specifications for the size and spacing of 
these tire piles into smaller, more manageable units, separate them out 
so that if a fire does start, it does not spread to the entire dump of 
tires. It also requires provisions that waste tire dumps like the Davis 
site in my State are closed and the scrap tires shredded and recycled 
and safely disposed of within 4 years of enactment. So this could take 
place as soon as the year 2001. Other scrap tire stockpiles that are 
operating legally under a State permit will have until the year 2006, 
as I mentioned.
  So all this is accomplished by imposing a 50-cent tax per tire, truck 
and passenger, on those manufactured or imported into the United 
States. It just applies to new tires. I want to inform my colleagues 
that this legislation, once enacted, will solve several solid waste 
management problems. So I urge my colleagues to join in the support of 
this.
  As I noted earlier, Rhode Island is host to a site with approximately 
10 million of these tires. It has been called the most serious 
environmental threat to our State. Even after some 250,000 have been 
removed in order to get at a Superfund site that is underneath these 
tires, a toxic waste disposal site that was then subsequently covered 
over by these tires, and even after the State removed some 1.2 million 
more tires, there still will be 8 million tires left in this Davis 
site. The threat posed by that is a very real one to my State, as I 
previously pointed out. So I urge my colleagues to join me in 
supporting this legislation. It can prevent environmental disasters 
from taking place. As chairman of the Committee on Environment and 
Public Works, I will exert every effort to see that these bills become 
law.
  I thank the Chair and thank the distinguished Senator from 
Connecticut. He is very familiar with this because they have somewhat 
the same problem, perhaps not in the same magnitude as we have in our 
State, and they have a tire-shredding program in Oxford, CT.
  So, Mr. President, I send to the desk two bills to accomplish my 
goal. One includes the tax, the other includes the cleanup efforts. 
Accompanying this is a summary of these bills.
  Mr. DODD. Mr. President, before the chairman of the committee leaves 
the floor, I have been listening to his statement. I do not know how 
many others you have as cosponsors, but I would like to be listed as 
one.
  Mr. CHAFEE. We are delighted.
  Mr. DODD. This is one of the most serious problems we face, not only 
when there is stockpiling, but in other areas. I think most Americans, 
when they go by and see ponds drained down, know that one of the things 
that always show up is tires. It is a real pollution problem, beyond 
just the collection in one site.
  I think the Senator from Rhode Island has offered a very creative and 
worthwhile suggestion that all of America will benefit from, so I 
commend him for the effort.
  Mr. CHAFEE. I will ask that the distinguished Senator from 
Connecticut be added as a cosponsor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CHAFEE. Mr. President, I ask unanimous consent that the text of 
the bill and a summary be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 445

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Waste Tire Recycling, 
     Abatement, and Disposal Act of 1997''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the United States generates approximately 250,000,000 
     waste tires each year with over 3,000,000,000 waste tires 
     stored or dumped in aboveground piles across the United 
     States;
       (2) current waste tire collection and disposal practices 
     present a substantial threat to human health and the 
     environment;
       (3) waste tire piles are a breeding habitat for disease-
     carrying mosquitoes, rodents, and other pests and may be 
     ignited causing potentially catastrophic fires;
       (4) there are substantial opportunities for recycling and 
     reuse of waste tires and tire-derived products, including 
     tire retreading, asphalt pavement containing recycled rubber, 
     rubber products, and fuel;
       (5) although several States have established waste tire 
     recycling programs and disposal requirements to protect human 
     health and the environment, the efforts of individual States 
     are often frustrated by the lack of comparable programs in 
     neighboring States; and
       (6) additional financial resources are necessary to 
     encourage waste tire recycling and proper disposal and the 
     abatement of existing waste tire dumps.

     SEC. 3. WASTE TIRE RECYCLING, ABATEMENT, AND DISPOSAL.

       Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 
     et seq.) is amended by adding at the end the following:

     ``SEC. 4011. WASTE TIRE RECYCLING, ABATEMENT, AND DISPOSAL.

       ``(a) Purposes.--The purposes of this section are--
       ``(1) to encourage waste tire recycling;
       ``(2) to prevent disease and fires that may be associated 
     with waste tire dumps and waste tire stockpiles;
       ``(3) to ensure that--
       ``(A) all waste tire dumps in the United States are closed 
     and abated not later than 4 years after the date of enactment 
     of this Act; and
       ``(B) all waste tire stockpiles are abated by not later 
     than December 31, 2005; and
       ``(4) to otherwise regulate commerce in waste tires to 
     protect human health and the environment.
       ``(b) Definitions.--In this section:
       ``(1) Abate and abatement.--The terms `abate' and 
     `abatement' mean--
       ``(A) to remove waste tires from a waste tire dump or waste 
     tire stockpile by processing or properly disposing of the 
     tires on an enforceable schedule ensuring compliance with the 
     prohibitions of subsection (c); or
       ``(B) action taken pursuant to subsection (i) or equivalent 
     authority under a State program to process or properly 
     dispose of waste tires.
       ``(2) Asphalt pavement containing recycled rubber.--The 
     term `asphalt pavement containing recycled rubber' has the 
     meaning given the term in section 1038(e) of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (23 U.S.C. 109 
     note; 105 Stat. 1990).
       ``(3) Collection site.--The term `collection site' means a 
     facility, installation, building, or site (including all of 
     the contiguous area under the control of a person or

[[Page S2326]]

     persons controlled by the same person) used for the storage 
     or disposal of more than 400 waste tires but not including 
     shredded tire material that has been properly disposed.
       ``(4) Marine or agricultural purpose.--The term `marine or 
     agricultural purpose' means the use of waste tires--
       ``(A) as bumpers on vessels or agricultural equipment;
       ``(B) as a ballast to maintain covers or structures on an 
     agricultural site; or
       ``(C) for other marine or agricultural purposes specified 
     by rule by the Administrator.
       ``(5) Process.--The term `process' means to produce or 
     manufacture usable materials (including fuels) with real 
     economic value from waste tires.
       ``(6) Properly disposed.--The term `properly disposed' 
     means the placement of shredded tire material as a solid 
     waste into a landfill meeting the revised criteria 
     established pursuant to section 4010(c).
       ``(7) Recycle.--The term `recycle' means to process waste 
     tires to produce usable materials other than fuels.
       ``(8) Shredded tire material.--The term `shredded tire 
     material' means tire material resulting from tire shredding 
     that produces pieces 4 square inches or less in size that do 
     not hold water when stored in piles.
       ``(9) Tire.--The term `tire' means any pneumatic or solid 
     tire, including a tire manufactured for use on any type of 
     motor vehicle, construction or other off-road equipment, 
     aircraft, or industrial machinery.
       ``(10) Tire collector.--The term `tire collector' means a 
     person that owns or operates a collection site.
       ``(11) Tire dump.--The term `tire dump' means a tire 
     collection site without a collector or processor permit that 
     is maintained, operated, used, or allowed to be used for the 
     disposal, storing, or depositing of waste tires.
       ``(12) Tire hauler.--The term `tire hauler' means a person 
     engaged in picking up or transporting waste tires to a 
     storage or disposal facility.
       ``(13) Tire processor.--The term `tire processor' means a 
     person that processes waste tires to produce or manufacture 
     usable materials or to recover energy.
       ``(14) Tire stockpile.--The term `tire stockpile' means a 
     waste tire collection site operating pursuant to a permit 
     issued by the Administrator or by a State with a program 
     approved under subsection (f) at which shredded tire material 
     from 50 or more waste tires is stored for future processing 
     or disposal.
       ``(15) Waste tire.--The term `waste tire' means a tire that 
     is no longer suitable for its original intended purpose 
     because of wear, damage, or defect and includes shredded tire 
     material.
       ``(16) Waste tire recycling, abatement, and disposal trust 
     fund.--The term `Waste Tire Recycling, Abatement, and 
     Disposal Trust Fund' means the Waste Tire Recycling, 
     Abatement, and Disposal Trust Fund established under section 
     9512 of the Internal Revenue Code of 1986.
       ``(c) Prohibitions.--
       ``(1) Disposal of whole waste tires on land or in 
     landfills.--
       ``(A) In general.--Effective beginning 1 year after the 
     date of enactment of this section, it shall be unlawful to 
     dispose of a waste tire (other than shredded tire material) 
     on land or in a landfill.
       ``(B) Modification of criteria.--Not later than 1 year 
     after the date of enactment of this Act, the Administrator 
     shall modify the criteria established pursuant to section 
     4010(c) to reflect the prohibition established under 
     subparagraph (A).
       ``(2) Receipt of waste tires at collection sites.--
     Effective beginning 1 year after the date of enactment of 
     this section, it shall be unlawful to receive any waste tire 
     (not including shredded tire material) at any collection site 
     unless, not later than 7 days after receipt, the waste tire 
     is processed, converted to shredded tire material, or 
     transferred to a business engaged in tire retreading.
       ``(3) Waste tire piles.--Effective beginning 1 year after 
     the date of enactment of this section, it shall be unlawful 
     to operate a collection site except in compliance with the 
     following conditions applicable to a waste tire pile:
       ``(A) A waste tire pile shall be not more than 20 feet in 
     height and, at the base, be not more than 50 feet in width 
     and 200 feet in length.
       ``(B) A separation of not less than 50 feet shall be 
     maintained between waste tire piles.
       ``(C) A waste tire pile shall be not less than 200 feet 
     from the perimeter of the property and not less than 200 feet 
     from any building.
       ``(D) Until shredded, waste tires in a pile shall be 
     maintained to minimize mosquito breeding by cover or chemical 
     treatment.
       ``(E) A waste tire pile shall be accessible to fire 
     fighting equipment and any approach road to the pile shall be 
     maintained in good condition.
       ``(F) A waste tire pile exceeding 2,500 waste tires shall 
     be surrounded by a berm sufficient to contain any liquid that 
     may be discharged as the result of a fire or fire fighting 
     efforts.
       ``(G) A waste tire pile exceeding 2,500 waste tires shall 
     be completely enclosed behind fencing.
       ``(H) A tire collector maintaining a collection site 
     containing more than 2,500 waste tires shall prepare and 
     maintain an emergency plan to respond to any fire or other 
     event that may release pollutants or contaminants from the 
     site.
       ``(I) Such other conditions as the Administrator may by 
     rule require to protect human health and the environment, 
     including compliance with National Fire Prevention 
     Association 231-D standard for storage of rubber tires or 
     similar fire prevention code to the extent the code is 
     consistent with this section.
       ``(4) Maximum number of waste tires stored.--Effective 
     beginning 4 years after the date of enactment of this 
     section, it shall be unlawful to store more than 1,500 waste 
     tires for more than 7 days at a collection site other than as 
     shredded tire material in waste tire stockpiles, except as 
     provided under subsection (d).
       ``(5) State programs.--Effective beginning 1 year after the 
     effective date of a State program approved or established by 
     the Administrator under this section, it shall be unlawful 
     for any person to engage in any of the following actions 
     except in compliance with a permit issued by the State under 
     a program approved under subsection (f) or by the 
     Administrator:
       ``(A) Transfer control over any waste tire for 
     transportation to a collection site to any person other than 
     a person operating under a permit as a tire hauler.
       ``(B) Operate or maintain any waste tire dump or deliver to 
     or receive a waste tire for storage or disposal at a waste 
     tire dump.
       ``(C) Deliver a waste tire to, or receive a waste tire at, 
     any collection site that does not qualify as a waste tire 
     stockpile.
       ``(D) Operate or maintain a waste tire stockpile or deliver 
     to or receive a waste tire for storage or disposal at a waste 
     tire stockpile.
       ``(6) Shredded tire material.--
       ``(A) In general.--Beginning January 1, 2006, subject to 
     subparagraph (B), it shall be unlawful for any person--
       ``(i) to operate or maintain a waste tire stockpile 
     containing shredded tire material from more than 2,500 waste 
     tires; or
       ``(ii) in the case of a tire processor, to operate or 
     maintain a waste tire stockpile containing more than 30 days 
     supply of shredded tire material to be used as a feedstock 
     within the process.
       ``(B) Disposal in monofill for later recovery.--
     Subparagraph (A) shall not prohibit the proper disposal of 
     shredded tire material in a monofill for later recovery.
       ``(d) Exemptions.--
       ``(1) In general.--Subject to paragraph (2), the 
     Administrator may by regulation exempt any of the following 
     persons from any or all of the requirements of this section 
     if the exemption is consistent with this Act and no threat of 
     an adverse affect on human health or the environment will 
     result from the exemption:
       ``(A) A tire retailer storing less than 2,500 waste tires 
     at any collection site where new tires are sold or installed.
       ``(B) A tire retreader storing less than 2,500 waste tires 
     or a quantity of waste tires equal to the number to be 
     retreaded over a 30-day period, whichever is greater, at any 
     collection site where tires are retreated.
       ``(C) A business that removes tires from vehicles and that 
     stores less than 2,500 waste tires at any collection site 
     where the removals occur.
       ``(D) A solid waste disposal facility storing less than 
     2,500 waste tires for future processing or disposal that--
       ``(i) are otherwise in compliance with the revised criteria 
     promulgated pursuant to section 4010(c) pursuant to 
     subsection (c)(1)(B); and
       ``(ii) have already received a permit under a State solid 
     waste program imposing conditions and requirements to protect 
     human health and the environment that are comparable to the 
     conditions and requirements imposed by this section.
       ``(E) A person storing or using waste tires for a marine or 
     agricultural purpose if the waste tires are used for the 
     purpose not later than 180 days after the date the tire is 
     removed from use.
       ``(2) Alternative requirements.--The Administrator may--
       ``(A) impose alternative requirements for an exemption or 
     partial exemption under paragraph (1), including requirements 
     for fire prevention and disease control;
       ``(B) include the requirements in the guidance published 
     under subsection (f)(2); and
       ``(C) impose the requirements on a person described in any 
     of subparagraphs (A) through (D) of paragraph (1) as a 
     condition for the exemption or partial exemption.
       ``(e) Notification of Administrator or State Agency.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, each tire hauler, tire collector, 
     and tire processor shall notify the Administrator, or the 
     State agency designated pursuant to this section, of--
       ``(A) the name and business address of the tire hauler, 
     tire collector, or tire processor;
       ``(B) the name and business address of the person or 
     persons owning any property on which a tire collection site 
     is located;
       ``(C) the location and a physical description of each 
     collection site maintained by a tire collector;
       ``(D) the name of the person to contact in the event of an 
     emergency involving waste tires located at each collection 
     site;
       ``(E) an estimate of the number of waste tires that are 
     present at each collection site;
       ``(F) an estimate by a tire collector or tire processor of 
     the average number of waste tires that are received at each 
     collection site maintained by the collector or processor

[[Page S2327]]

     each month and the sources from which waste tires are 
     received;
       ``(G) an estimate by a tire hauler of the average number of 
     waste tires that are delivered to each collection site each 
     month;
       ``(H) a description of methods used at each collection site 
     to shred, process, recycle, or dispose of waste tires;
       ``(I) a description of the fire prevention and disease 
     control methods employed at each collection site;
       ``(J)(i) a certification signed by the owner or operator of 
     each collection site that provides an assurance of compliance 
     with paragraphs (2) and (3) of subsection (c) by the 
     applicable dates; or
       ``(ii) if compliance with those paragraphs cannot be 
     certified, an assurance that the collection site will be 
     closed, and will be abated, not later than 1 year after the 
     date of enactment of this section;
       ``(K) a statement that demonstrates the financial capacity 
     of the tire collector, or the owner or operator of each 
     collection site, to abate waste tires at the site and to 
     respond to any fire or other event that may result in the 
     release of a pollutant or contaminant from the site in an 
     amount of not less than $1.00 for each tire stored, 
     deposited, or otherwise located at the facility, other than a 
     tire that has been properly disposed of at the site; and
       ``(L) such other information as the Administrator may 
     require.
       ``(2) Notification form.--
       ``(A) Publication.--Not later than 90 days after the date 
     of enactment of this section, the Administrator shall--
       ``(i) publish a notification form or forms that will be 
     used by tire haulers, tire collectors, and tire processors to 
     comply with paragraph (1); and
       ``(ii) designate the State agencies that will receive the 
     form or forms.
       ``(B) Paperwork reduction.--Development and publication of 
     the form shall not be subject to chapter 35 of title 44, 
     United States Code.
       ``(C) Cooperation with governors.--Designation of State 
     agencies to receive notification forms shall be carried out 
     in cooperation with the Governor of each State.
       ``(f) State Programs.--
       ``(1) In general.--Beginning 1 year after the date of 
     enactment of this section, the Governor of a State may apply 
     to the Administrator to implement a waste tire recycling, 
     abatement, and disposal program under this subsection.
       ``(2) EPA guidance.--Not later than 1 year after the date 
     of enactment of this section, the Administrator shall publish 
     guidance establishing the minimum elements of a program to be 
     administered under this section by a State agency that 
     include the requirements of paragraphs (3), (4), and (5) 
     and--
       ``(A) adequate authority to ensure compliance with and 
     enforce the prohibitions established under subsection (c) and 
     each of the other requirements of this Act applicable to a 
     tire hauler, tire collector, or tire processor;
       ``(B) authority to abate any waste tire dump or waste tire 
     stockpile within the State that is comparable to the 
     authority granted the Administrator under subsection (i) and 
     a plan to ensure that the dumps and stockpiles are abated by 
     not later than the dates applicable under subsection (c);
       ``(C) a requirement that each tire hauler, tire collector, 
     or tire processor operate pursuant to a permit issued by the 
     State;
       ``(D) adequate authority to ensure that the fees imposed by 
     paragraph (4) are collected by the State on the sale of new 
     tires and by tire haulers, tire collectors, and tire 
     processors on commerce in waste tires;
       ``(E) adequate personnel and funding to administer the 
     program; and
       ``(F) such other requirements as the Administrator may 
     prescribe.
       ``(3) Permit requirements.--The guidance published pursuant 
     to paragraph (2) shall, with respect to a permit, provide, at 
     a minimum, for--
       ``(A) a requirement that the State agency administering the 
     program and issuing a permit have adequate authority to--
       ``(i) issue a permit that applies to, and ensure compliance 
     by, all persons required to have a permit under this section, 
     with applicable standards, regulations, or requirements;
       ``(ii) issue a permit for a fixed term of not to exceed 5 
     years;
       ``(iii) ensure that a permit require compliance with the 
     prohibitions of subsection (c);
       ``(iv) terminate, modify, or revoke a permit for cause;
       ``(v) enforce a permit and the requirement to obtain a 
     permit (including authority to recover a civil penalty in a 
     maximum amount of not less than $10,000 per day for each 
     violation) and to seek appropriate criminal penalties; and
       ``(vi) grant limited extensions of the term of a permit on 
     a timely and complete application for renewal, pending final 
     action on the renewal application by the State agency;
       ``(B) a requirement that the permitting authority establish 
     and implement adequate procedures for processing permit 
     applications expeditiously, and for public notice, including 
     offering an opportunity for public comment and a hearing, on 
     any permit application;
       ``(C) a requirement that the State conduct an inspection at 
     each waste tire collection site before a permit is issued to 
     operate the site as a waste tire stockpile;
       ``(D) a requirement that all permit applications, abatement 
     plans, permits, and monitoring or compliance reports shall be 
     made available to the public;
       ``(E) a requirement under State law that each person 
     subject to the requirement to obtain a permit under the State 
     program pay an annual fee, or the equivalent over some other 
     period, that is sufficient to cover all reasonable costs of 
     developing, administering, and enforcing the State permit 
     program;
       ``(F) a requirement that--
       ``(i) each permit issued to a tire collector or processor 
     for the operation of a waste tire stockpile include a 
     numerical limitation on the waste tires that can be stored, 
     processed, or disposed at the site; and
       ``(ii) the tire collector demonstrates financial 
     responsibility for processing or abating all tires that may 
     be accumulated up to the limit in the permit; and
       ``(G) a requirement that each permit for a waste tire 
     stockpile contain a schedule for the abatement of all waste 
     tires managed, stored, disposed, or otherwise deposited at 
     the stockpile as expeditiously as practicable but not later 
     than December 31, 2005, and containing annual incremental 
     reductions in the quantity of waste tires stored at the site 
     providing that 50 percent of the abatement shall be 
     accomplished by not later than December 31, 2002.
       ``(4) Fees on purchase and disposal.--
       ``(A) In general.--The guidance published pursuant to 
     paragraph (2) shall with respect to fees provide, at a 
     minimum, for--
       ``(i) a requirement that the State impose a fee of not less 
     than 50 cents on the sale of each new tire until such time as 
     all waste tire dumps and waste tire stockpiles in the State 
     have been abated;
       ``(ii) a requirement that a tipping fee of not less than $1 
     for each waste tire removed from a motor vehicle be paid by 
     the owner or operator of the vehicle to the person or 
     business removing the tire;
       ``(iii) a requirement that any tire hauler collecting tires 
     from any person (including a business that removes tires and 
     collects the fee required by subparagraph (B) or any other 
     person including a household or commercial disposal site) 
     charge a fee of not less than $1 for each waste tire 
     collected; and
       ``(iv) a requirement that any tire collector or tire 
     processor receiving waste tires charge the tire hauler, or 
     any other person depositing tires at the collection site or 
     processing site owned by the tire collector or tire 
     processor, a fee of not less than $1 for each waste tire 
     deposited at the site.
       ``(B) Adjustment of fees.--
       ``(i) In general.--The Administrator--

       ``(I) shall from time to time, but not less often than once 
     every 3 years, review the fees required in State programs 
     pursuant to clauses (ii), (iii), and (iv) of subparagraph 
     (A); and
       ``(II) may adjust the amount of the fees to reflect the 
     economics of tire processing and recycling.

       ``(ii) Incorporation by states.--If the Administrator 
     adjusts the amount of a fee to be collected pursuant to 
     clause (ii), (iii), or (iv) of subparagraph (A), not later 
     than 1 year after the Administrator makes the adjustment, 
     each State with an approved waste tire recycling, abatement, 
     and disposal program shall revise its program to incorporate 
     the adjustment.
       ``(C) Alternative fees.--A State may impose an alternative 
     fee to the fee required by subparagraph (A)(i) (including a 
     fee on a motor vehicle registration or transfer) if the State 
     demonstrates to the Administrator that the alternative fee 
     will provide resources sufficient to ensure abatement of all 
     waste tire dumps and waste tire stockpiles in the State by 
     not later than the dates required under subsection (c).
       ``(5) Uses of state revenue.--
       ``(A) In general.--Subject to subparagraph (B), the 
     guidance published pursuant to paragraph (2) shall require 
     that any revenues received by a State from the fee required 
     by subparagraph (A)(i) or (C) of paragraph (4) be placed into 
     a special fund and that appropriations from the fund be used 
     only to--
       ``(i) abate waste tire dumps and waste tire stockpiles;
       ``(ii) make grants or loans, or enter into cooperative 
     agreements with tire processors, to support recycling of 
     waste tires;
       ``(iii) offset any additional cost associated with the 
     procurement of asphalt pavement containing recycled rubber 
     used in road construction by the State or a local government 
     entity or in the procurement of other products made from 
     recycled tires; or
       ``(iv) operate or provide grants to facilities that ensure 
     compliance with the prohibitions of subsection (c) and the 
     proper disposal of waste tires.
       ``(B) Administrative expenses.--Not more than 15 percent of 
     the funds collected pursuant to subparagraph (A)(i) or (C) of 
     paragraph (4) shall be used for administrative expenses of 
     the State program.
       ``(6) Applications.--
       ``(A) In general.--Each State shall include in its program 
     submission to the Administrator under this subsection a 
     summary that includes--
       ``(i) the information collected pursuant to the 
     notifications required by subsection (e); and
       ``(ii) to the maximum extent practicable, information on 
     orphan tire collection sites for which no owner or operator 
     submitted a notification form.
       ``(C) Report.--Not later than 3 years after the date of 
     enactment of this section, the Administrator shall transmit 
     to Congress a

[[Page S2328]]

     report on waste tire generation, management, collection, 
     storage, recycling, and disposal based on the information 
     included in State applications.
       ``(7) Approval or disapproval of state programs.--
       ``(A) In general.--A State program submitted under this 
     section shall be deemed approved, unless disapproved by the 
     Administrator.
       ``(B) Grounds for disapproval.--The Administrator shall 
     disapprove any program submitted by a State, if the 
     Administrator determines that--
       ``(i) the authorities contained in the program are not 
     adequate to ensure compliance by tire haulers, tire 
     collectors, and tire processors within the State with the 
     requirements of this section;
       ``(ii) adequate authority does not exist, or adequate 
     resources are not available, to implement the program;
       ``(iii) the program does not provide adequate assurance 
     that all waste tire dumps and waste tire stockpiles will be 
     abated by the dates required under subsection (c); or
       ``(iv) the program is not otherwise in compliance with the 
     guidance issued by the Administrator under paragraph (2) or 
     is not likely to satisfy, in whole or in part, the purposes 
     of this section.
       ``(C) Necessary revisions or modifications.--If the 
     Administrator disapproves a State program, the Administrator 
     shall notify the State of any revision or modification that 
     is necessary to obtain approval.
       ``(D) Resubmission.--The State may revise and resubmit the 
     program for review and approval pursuant to this subsection.
       ``(E) Noncompliance.--
       ``(i) In general.--If the Administrator determines that a 
     State is not administering a program in accordance with the 
     guidance published under paragraph (2) or the requirements of 
     this section, the Administrator shall--

       ``(I) notify the State of the determination (including the 
     reasons for the determination); and
       ``(II) if action that will ensure prompt compliance is not 
     taken within 180 days after notification, disapprove the 
     program.

       ``(ii) Notification required before disapproval.--The 
     Administrator shall not disapprove any program under this 
     subparagraph unless the Administrator has notified the State 
     of the disapproval (including the reasons for the 
     disapproval) and made the disapproval (and reasons) public.
       ``(iii) Federal program.--At the time of disapproving a 
     State program under this subparagraph, the Administrator 
     shall establish a Federal program applicable in the State 
     pursuant to subsection (h).
       ``(8) Enforcement.--This subsection shall not prevent the 
     Administrator from enforcing any requirement of this section.
       ``(9) Grants and technical assistance.--
       ``(A) Grants.--The Administrator may make a grant to a 
     State from the Waste Tire Recycling, Abatement, and Disposal 
     Trust Fund to develop and implement a waste tire recycling, 
     abatement, and disposal program under this section.
       ``(B) Assistance.--The Administrator may provide assistance 
     to a State or local government agency, or to other persons on 
     a cost recovery basis, with respect to techniques for waste 
     tire recycling, processing, and abatement.
       ``(g) State Authority.--Nothing in this section shall 
     prevent a State or political subdivision from imposing an 
     additional or more stringent requirement on--
       ``(1) a tire hauler, tire collector, or tire processor;
       ``(2) the management, storage, processing, recycling, 
     abatement, or disposal of waste tires; or
       ``(3) a waste tire collection site.
       ``(h) Federal Program.--
       ``(1) In general.--If a State has not submitted a waste 
     tire recycling, abatement, and disposal program or is not 
     adequately administering and enforcing such a program in 
     accordance with this section, the Administrator shall 
     establish, administer, and enforce a waste tire recycling, 
     abatement, and disposal program for the State to ensure 
     compliance with this section.
       ``(2) Date of establishment.--
       ``(A) No state program.--If a State has not submitted a 
     waste tire recycling, abatement, and disposal program by the 
     date that is 3 years after the date of enactment of this 
     section, the Administrator shall establish a program under 
     paragraph (1) on that date.
       ``(B) Withdrawn approval.--The Administrator shall 
     establish a program under paragraph (1) for a State for which 
     approval is withdrawn under subsection (f)(7) on the date of 
     disapproval.
       ``(3) Permits and fees.--
       ``(A) In general.--The Administrator may issue a permit or 
     collect a fee in lieu of a State pursuant to paragraphs (3) 
     and (4) of subsection (f).
       ``(B) Use of funds.--Any amounts collected by the 
     Administrator under subparagraph (A) shall be placed in the 
     Waste Tire Recycling, Abatement, and Disposal Trust Fund for 
     use under subsection (k).
       ``(i) Abatement and Response Authorities.--
       ``(1) In general.--To ensure compliance with subsection 
     (c), the Administrator may--
       ``(A) order the owner or operator of a waste tire dump, 
     waste tire stockpile, or other collection site or any person 
     that has transported waste tires to a waste tire dump, waste 
     tire stockpile, or other collection site to abate the dump, 
     stockpile, or site, including issuing an enforceable schedule 
     for removal of waste tires from the dump, stockpile, or site; 
     and
       ``(B) undertake action to abate a tire collection site 
     using funds from the Waste Tire Recycling, Abatement, and 
     Disposal Trust Fund.
       ``(2) Civil action.--The Administrator may bring an action 
     on behalf of the United States in the appropriate district 
     court against the owner or operator of a waste tire dump, 
     waste tire stockpile, or waste tire collection site or any 
     other person that has transported waste tires to a waste tire 
     dump, waste tire stockpile, or waste tire collection site to 
     immediately restrain the person from operating, maintaining, 
     or depositing waste tires at the dump, stockpile, or site or 
     to take such other action as is necessary to protect human 
     health or the environment.
       ``(3) Additional action.--If bringing an action under 
     paragraph (2) is not sufficient to ensure prompt protection 
     of human health or the environment, the Administrator may 
     issue such orders as are necessary to protect human health 
     and the environment.
       ``(4) Notification.--Prior to taking any action under this 
     subsection, the Administrator shall notify the appropriate 
     State and local governments of the action proposed to be 
     taken.
       ``(5) Violations.--Any person that, without sufficient 
     cause, willfully violates, or fails or refuses to comply 
     with, an order of the Administrator under paragraph (3) may, 
     in an action brought in the appropriate United States 
     district court to enforce the order, be fined not more than 
     $25,000 for each day during which the violation occurs or the 
     failure to comply continues.
       ``(6) Liability for abatement costs.--
       ``(A) In general.--If the Administrator takes an abatement 
     action under paragraph (1) for a waste tire collection site, 
     the owner or operator of the site or any other person that 
     has transported tires to the site shall be liable to the 
     Administrator in the appropriate United States district court 
     for all reasonable costs incurred in the abatement.
       ``(B) Use of funds.--Any funds recovered under subparagraph 
     (A) shall be deposited in the Waste Tire Recycling, 
     Abatement, and Disposal Trust Fund.
       ``(j) Public Lands.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of this section, after notice and opportunity for 
     public comment, the Secretary of the Interior, the 
     Administrator of the General Services Administration, and the 
     head of each other Federal department, agency, or 
     instrumentality that owns land on which a tire collection 
     site is located shall, in consultation with the Administrator 
     of the Environmental Protection Agency, prepare and commence 
     to implement a plan to abate waste tire dumps and waste tire 
     stockpiles that are located on land owned by the United 
     States.
       ``(2) Time limit.--A plan under paragraph (1) shall ensure 
     that any waste tires in waste tire dumps and waste tire 
     stockpiles shall be properly disposed, recycled, or 
     transferred to the operators of tire processing facilities as 
     expeditiously as practicable and not later than December 31, 
     2002.
       ``(3) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary of the Interior, the 
     Administrator of the General Services Administration, and the 
     head of each other Federal department, agency, or 
     instrumentality that owns land on which a tire collection 
     site is located from the Waste Tire, Recycling, Abatement, 
     and Disposal Trust Fund such sums as are necessary to carry 
     out this subsection.
       ``(k) Use of Trust Fund Appropriations.--
       ``(1) State grants.--The Administrator may make a grant to 
     a State to develop and implement a State program under 
     subsection (f) and to carry out this section.
       ``(2) Shredding capacity.--
       ``(A) In general.--In making a grant under paragraph (1), 
     the Administrator shall give highest priority to ensuring 
     that adequate capacity is available to convert any waste 
     tires newly removed from motor vehicles to shredded tire 
     material beginning not later than 1 year after the date of 
     enactment of this section.
       ``(B) Emergency grants.--The Administrator may make an 
     emergency grant to a State, using the borrowing authority of 
     the Waste Tire Recycling, Abatement, and Disposal Trust Fund, 
     to ensure the shredding capacity described in subparagraph 
     (A).
       ``(3) Abatement on public lands.--The Secretary of the 
     Treasury may transfer, subject to appropriations, amounts 
     from the Waste Tire Recycling, Abatement, and Disposal Trust 
     Fund to the Secretary of the Interior, the Administrator of 
     the General Services Administration, or the head of any other 
     Federal department, agency, or instrumentality that owns land 
     on which a waste tire collection site is located to abate the 
     collection site.
       ``(4) Federal procurement.--The Secretary of the Treasury 
     may transfer, subject to appropriations, amounts from the 
     Waste Tire Recycling, Abatement, and Disposal Trust Fund to 
     the Secretary of Transportation or to the head of any other 
     Federal department, agency, or instrumentality engaged in 
     road building to offset any additional cost associated with 
     the procurement of asphalt pavement containing recycled 
     rubber for road construction, surfacing, or resurfacing.

[[Page S2329]]

       ``(5) Federal programs and abatement actions.--There is 
     authorized to be appropriated from the Waste Tire Recycling, 
     Abatement, and Disposal Trust Fund to the Administrator such 
     funds as are necessary to--
       ``(A) implement and enforce any Federal program established 
     under subsection (h); and
       ``(B) take any abatement action pursuant to subsection (i).
       ``(6) Research.--
       ``(A) Grants and contracts.--The Administrator may use 
     funds appropriated from the Waste Tire Recycling, Abatement, 
     and Disposal Trust Fund to make a grant or enter into a 
     contract or cooperative agreement with a person to conduct 
     research and development on--
       ``(i) waste tire processing and recycling technologies; or
       ``(ii) the use, performance, and marketability of products 
     made from crumb rubber or other materials produced from waste 
     tire processing.
       ``(B) Research program.--
       ``(i) In general.--The Administrator, in cooperation with 
     the Secretary of Transportation, shall conduct a program of 
     research to determine--

       ``(I) the public health and environmental risks associated 
     with the production and use of asphalt pavement containing 
     recycled rubber;
       ``(II) the performance of asphalt pavement containing 
     recycled rubber under various climate and use conditions; and
       ``(III) the degree to which asphalt pavement containing 
     recycled rubber can be recycled.

       ``(ii) Date of completion.--The Administrator shall 
     complete the research program under clause (i) not later than 
     3 years after the date of enactment of this section.
       ``(7) Authorization of appropriations.--There is authorized 
     to be appropriated from the Waste Tire Recycling, Abatement, 
     and Disposal Trust Fund such sums as are necessary to carry 
     out this subsection.
       ``(l) Enforcement.--
       ``(1) Compliance orders.--
       ``(A) Issuance.--
       ``(i) In general.--If (on the basis of any information) the 
     Administrator determines that a person has violated, or is in 
     violation of, any requirement or prohibition in effect under 
     this section (including any requirement or prohibition in 
     effect under regulations promulgated to carry out this 
     section), the Administrator may--

       ``(I) issue an order assessing a civil penalty for any past 
     or current violation, or requiring compliance immediately or 
     within a specified time period, or both; or
       ``(II) commence a civil action in the United States 
     district court in the district in which the violation 
     occurred for appropriate relief, including a temporary or 
     permanent injunction.

       ``(ii) Nature of violation.--Any order issued pursuant to 
     clause (i)(I) shall state with reasonable specificity the 
     nature of the violation.
       ``(B) Penalties.--
       ``(i) In general.--Any penalty assessed in an order under 
     this subsection shall not exceed $25,000 per day of 
     noncompliance for each violation of a requirement or 
     prohibition in effect under this section.
       ``(ii) Factors.--In assessing the penalty, the 
     Administrator shall take into account the seriousness of the 
     violation and any good faith efforts to comply with 
     applicable requirements.
       ``(C) Public hearings.--
       ``(i) In general.--Any order issued under this paragraph 
     shall become final unless, not later than 30 days after the 
     issuance of the order, the persons named in the order request 
     a public hearing.
       ``(ii) Hearing required.--On receipt of the request, the 
     Administrator shall promptly conduct a public hearing.
       ``(iii) Administration.--In connection with any proceeding 
     under this paragraph, the Administrator may issue subpoenas 
     for the production of relevant papers, books, and documents, 
     and may promulgate rules for discovery.
       ``(D) Noncompliance.--In the case of a final order under 
     this paragraph requiring compliance with any requirement of 
     this section (including a regulation), if a violator, without 
     sufficient cause, fails to take corrective action within the 
     time specified in the order, the Administrator may assess a 
     civil penalty of not more than $25,000 for each day of 
     continued noncompliance with the order.
       ``(2) Criminal penalties.--
       ``(A) In general.--Any person that--
       ``(i) knowingly violates the requirements of this section 
     (including a regulation); or
       ``(ii) knowingly omits material information or makes any 
     false material statement or representation in any record, 
     report, or other document filed, maintained, or used for 
     purposes of compliance with this section (including a 
     regulation);

     shall, on conviction, be subject to a fine of not more than 
     $50,000 for each day of violation or imprisonment for not to 
     exceed 2 years, or both.
       ``(B) Repeat offenses.--If the conviction is for a 
     violation committed after a first conviction of the person 
     under this paragraph, the maximum punishment shall be doubled 
     with respect to both the fine and imprisonment.
       ``(3) Civil penalties.--
       ``(A) In general.--Any person that violates any requirement 
     of this section (including a regulation) shall be liable to 
     the United States for a civil penalty in an amount not to 
     exceed $25,000 for each such violation.
       ``(B) Separate violations.--For purposes of subparagraph 
     (A), each day of the violation shall constitute a separate 
     violation.''.

     SEC. 4. ADDITIONAL PROCUREMENT GUIDELINES.

       Section 6002(e) of the Solid Waste Disposal Act (42 U.S.C. 
     6963(e)) is amended by inserting after ``October 1, 1985.'' 
     the following: ``Not later than December 31, 1999, the 
     Administrator shall prepare final guidelines for rubber 
     products (including asphalt pavement) containing crumb rubber 
     derived by processing waste tires.''.

     SEC. 5. CONFORMING AMENDMENT.

       The table of contents in section 1001 of the Solid Waste 
     Disposal Act (42 U.S.C. 6901) is amended by adding at the end 
     of the items relating to subtitle D the following:

``Sec. 4011. Waste tire recycling, abatement, and disposal.''.
                                                                    ____


  Summary of the Waste Tire Recycling, Abatement, and Disposal Act of 
                                  1997

       Section 1 is the title of the bill: the Waste Tire 
     Recycling, Abatement and Disposal Act of 1997.
       Section 2 contains Congressional findings including: 1) 250 
     million tires are disposed each year and 3 billion have 
     accumulated in tire piles; 2) current storage and disposal 
     practices are threat to human health and the environment; and 
     3) there are opportunities to recycle tires.
       Section 3 amends the Solid Waste Disposal Act (RCRA) adding 
     a new section to subtitle D with several elements:
       Purposes: 1) to encourage tire recycling; 2) to prevent 
     disease and fires; 3) to require abatement (reduction in size 
     of stockpiles to not more than 2500 tires in any pile) by the 
     year 2006; and 4) to regulate commerce in scrap tires.
       Definitions: The most important include: 1) a tire 
     collection site is anything more than 400 tires; 2) shredding 
     means to process tires to a size that won't hold water; 3) 
     recycle does not include burning; 4) abate means to reduce 
     the size of a tire pile to not more than 2500 shredded tires; 
     and 5) properly disposed means shredded and placed in a 
     landfill meeting subtitle D criteria.
       Prohibitions: 1) disposal of whole tires in landfills is 
     banned one year after enactment; 2) beginning one year after 
     enactment, tires newly removed from a vehicle must be 
     shredded or processed within 7 days; 3) also beginning one 
     year after enactment, fire and disease prevention standards 
     including maximum pile size and minimum spacing requirements 
     are imposed on tire collection sites; 4) beginning four years 
     after enactment all tires in existing piles must be shredded; 
     5) a year after state programs are adopted (which will 
     generally be three years after enactment) all tire haulers 
     and collectors must operate under state-issued permits; and 
     6) after the year 2006 tire piles bigger than 2500 tires are 
     prohibited.
       Exemptions: 1) retailers storing not more than 1500 tires 
     at one site; 2) retreaders storing a 30-day supply of 
     casings; 3) service stations and others who remove tires 
     storing not more than 1500 tires at one site; 4) landfills 
     storing not more than 2500 tires for processing or disposal; 
     5) marine and agricultural uses if used within 6 months.
       Registration: All tire haulers, tire collectors and tire 
     processors are required to notify state agencies within six 
     months of enactment providing information on waste tire 
     stockpiles and collection practices.
       State Programs: EPA is to provide guidance within 12 
     months. Any State can apply to run a program which meets 
     guidance. State programs must require permits for haulers, 
     collectors and processors. States must collect fees of at 
     least 50 cents for each new tire sold and use revenue to 
     manage programs. States must have a plan providing for the 
     abatement of all tire stockpiles. States must inspect sites 
     before permits are granted. Tire collectors must show 
     financial responsibility for abatement of tires stored (a 
     bond in the amount of approximately $1 per tire allowed to be 
     stored under permit). Permits must contain abatement 
     schedules assuring that all tire piles are abated by year 
     2006. States must have authority to order abatement of tire 
     piles. A tipping fee of $1 per tire is also to be charged to 
     vehicle owner upon removal of used tire.
       EPA Program: EPA is to establish program for each state 
     which does not have one by the date three years after 
     enactment. EPA's program would be identical to a State 
     program.
       Abatement Authority: EPA is given authority to order the 
     abatement of a tire pile. EPA also is given authority to 
     cleanup a tire pile and recover costs from the owner of the 
     site.
       Public Lands: The head of each federal agency owning land 
     on which a tire stockpile is located is to develop an 
     abatement plan.
       Enforcement: EPA is given enforcement authority equivalent 
     to that available under subtitle C of RCRA to take action 
     against any person violating these new provisions.
       Section 4 requires EPA to publish a federal procurement 
     guideline for asphalt pavement containing recycled rubber not 
     later than December 31, 1999.
       Section 5 includes conforming amendments to RCRA.


                       summary of tax amendments

       Section 1 imposes a federal tax of 50 cents per tire on the 
     sale of new tires. The tax

[[Page S2330]]

     would collect approximately $120 million per year and extends 
     for a period of five years.
       Section 2 creates a trust fund to receive the revenues from 
     the new federal tire tax. The trust fund could be used to: 
     (1) make grants to the states; (2) establish shredding 
     capacity for newly removed tires; (3) abate tire piles on 
     federal lands; (4) purchase asphalt pavement containing 
     recycled rubber for federal projects; (5) finance abatement 
     at orphan tire collection sites; and (6) conduct research on 
     tire recycling technologies.
       By Mr. NICKLES (for himself, Mr. Inhofe, Mr. Hatch, Mr. 
     Leahy, and Mr. Grassley):
  S. 447. A bill to amend title 18, United States Code, to give further 
assurance to the right of victims of crime to attend and observe the 
trials of those accused of the crime, and for other purposes; read 
twice and placed on the calendar.


             THE VICTIMS' RIGHTS CLARIFICATION ACT OF 1997

  Mr. NICKLES. Mr. President, I rise today on behalf of victims of the 
Oklahoma City bombing and their families, as well as other victims of 
crime, to introduce the Victims Rights Clarification Act of 1997. The 
purpose of this legislation is to clarify the rights of victims of 
crime to attend and observe the trials of the accused and testify at 
the sentencing hearing. I want to express my sincere thanks to Senators 
Hatch, Leahy, Inhofe, Grassley, and Kennedy for their hard work in 
crafting this bipartisan legislation.
  During my tenure in the Senate, I have worked to ensure victims of 
crime have equal standing under the law with those who have violated 
the public trust. Progress has been made. The Victims' Bill of Rights, 
approved by Congress in 1990, guarantees that victims of crime may be 
present at public court proceedings, providing that a victim's 
attendance does not materially affect his or her testimony. In 1996, as 
part of the antiterrorism Bill, I included a provision based on my 
Crime Victim Restitution Act, which entitles victims of crime to 
receive full financial compensation directly from the criminal in the 
form of mandatory restitution.
  Too often, however, the rights of victims are sacrificed or 
forgotten. The Victims Rights Clarification Act of 1997 clarifies the 
intent of Congress with respect to the rights of victims to be present 
at trial and be heard during the sentencing phase of the proceedings. 
This piece of legislation further demonstrates the bipartisan will of 
Congress to protect the rights of victims, as well as the accused.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 447

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Victims' Rights 
     Clarification Act of 1997''.

     SEC. 2. RIGHTS OF VICTIMS TO ATTEND AND OBSERVE TRIAL.

       (a) In General.--
       (1) Rights of victims to attend and observe trial.--Chapter 
     223 of title 18, United States Code, is amended by adding at 
     the end the following:

     ``Sec. 3510. Rights of victims to attend and observe trial

       ``(a) In General.--Notwithstanding any statute, rule, or 
     other provision of law, in any trial of a defendant accused 
     of an offense, a United States district court shall not order 
     the exclusion of any victim of the offense from the trial on 
     the basis that the victim may, during the sentencing phase of 
     the proceedings--
       ``(1) make a victim impact statement or present any victim 
     impact information in relation to the sentence to be imposed 
     on the defendant; or
       ``(2) testify as to the effect of the offense on the victim 
     or the family of the victim.
       ``(b) Definition of Victim.--In this section, the term 
     `victim' has the same meaning as in section 503(e)(2) of the 
     Victims' Rights and Restitution Act of 1990 (42 U.S.C. 
     10607(e)(2)).''.
       (2) Clearical amendment.--The analysis for chapter 223 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``3510. Rights of victims to attend and observe trial.''.

       (b) Admissibility of Certain Evidence.--Section 3593(c) of 
     title 18, United States Code, is amended by inserting after 
     ``misleading the jury.'' the following: ``For purposes of the 
     preceding sentence, the fact that a victim (as that term is 
     defined in section 503(e)(2) of the Victims' Rights and 
     Restitution Act of 1990 (42 U.S.C. 10607(e)(2))) attended or 
     observed the trial in accordance with applicable statutes, 
     rules, or other provisions of law, shall not be construed to 
     create a danger of unfair prejudice, confusing the issues, or 
     misleading the jury.''.
       (c) Effect on Pending Cases.--The amendments made by this 
     section shall apply in any case that is pending on the date 
     of the enactment of this Act.

  Mr. LEAHY. Mr. President, I join as an original cosponsor of the 
Victims' Rights Clarification Act of 1997.
  One of the most important rights that we can safeguard for crime 
victims is the right to be heard in connection with sentencing 
decisions for the perpetrators of the crimes that changed their lives. 
When I was privileged to serve as State's attorney for Chittenden 
County, I tried to inform crime victims of the status of cases and to 
involve them, not only as witnesses at trial, but during the sentencing 
proceedings as well. Lawyers call this a right of allocution. To 
victims, it is a right to be heard. A similarly important right for 
victims is the right to witness the trial of the accused.
  Congress has addressed a victims' right of allocution and right to 
witness trials several times in recent years. In 1990, Congress passed 
the Victims' Rights and Restitution Act, commonly known as the victims 
bill of rights. This legislation expressly provides that crime victims 
shall have the right to be present at all public court proceedings 
related to the offense, unless the court determines that testimony by 
the victim would be materially affected if the victim heard other 
testimony at trial.
  In the Violent Crime Control and Law Enforcement Act of 1994, 
Congress included several provisions granting victims the right of 
attendance at trials and allocution in sentencing hearings. For 
instance, the legislation provides for a specific right of allocution 
by amending rule 32 of the Federal Rules of Criminal Procedure, thereby 
requiring Federal judges at the sentencing for a crime of violence or 
sexual assault to address the victim personally if the victim is 
present at sentencing and to determine if the victim wishes to make a 
statement or presentation. The legislation also authorizes courts to 
hear victim impact testimony at capital sentencing proceedings, and 
requires courts to determine if the victim wishes to make a statement 
or present any information in relation to the sentence.
  Finally, last year, Congress enacted the Televised Proceedings for 
Crime Victims Act as part of the Antiterrorism and Effective Death 
Penalty Act of 1996. Responding to the difficulties created for victims 
of the Oklahoma City bombing when the trial was moved to Denver, the 
statute was designed to provide a closed circuit feed back to the 
victims and their families in Oklahoma City.
  The Supreme Court has also ruled that victim impact statements are 
permissible in death penalty cases. In the 1991 case Payne versus 
Tennessee, the Supreme Court said that a sentencing jury in a capital 
case may consider victim impact evidence relating to the victim's 
personal characteristics and the emotional impact of the murder on the 
victim's family. The Court made clear that it is an affront to the 
civilized members of the human race to say that at sentencing in a 
capital case, a parade of witnesses may praise the background, 
character, and good deeds of the defendant, but nothing may be said 
that bears upon the character of, or the harm imposed upon, the 
victims.

  Although Congress and the Supreme Court has made progress over the 
last 20 years in recognizing crime victims' rights, we still have more 
to do, especially with regards to a victim's right of allocation and 
right to witness trials. Although I spoke of the need to do more with 
regards to these issues last year when Congress enacted the Justice for 
Victims of Terrorism Act, this need was highlighted by the recent 
district and appellate court rulings on motions in the Oklahoma City 
bombing cases. The courts ruled that the victims are categorically 
excluded from both watching the trial and providing victim impact 
statements. Thus the victims are faced with the excruciating dilemma of 
having to choose between attending the trial and testifying at the 
sentencing proceedings. If they sit outside the courtroom during the 
trial, they may never learn the details of how the justice system 
responded to this horrible crime. On the other hand, if they attend the 
trial, they will never be able to tell the jury the full extent of the 
suffering the crime has caused to them and to their families.

[[Page S2331]]

  The law as it is, has been written by Congress and interpreted by the 
Supreme Court does not thrust this painful choice upon the victims. 
However, the recent district and appellate court rulings on motions 
reveal the need to clarify existing law. In this regard, let me specify 
what the Victims' Rights Clarification Act of 1997 would and would not 
do.
  The law would:
  Clarify that a court shall not exclude a victim from witnessing a 
trial on the basis that the victim may, during the sentencing phase of 
the proceedings, make a victim impact statement.
  Clarify that a court shall not prohibit a victim from making a victim 
impact statement solely because the victim had witnessed the trial.
  Just as importantly, the law would not:
  Eliminate a judge's discretion to exclude a victim's testimony that 
creates unfair prejudice, confuses the issues, or misleads the jury.
  Attempt to strip a defendant of his or her constitutional rights.
  Overturn any final judicial rulings.
  The defendants in the Oklahoma City bombing case have argued to the 
court that, despite the victims' rights laws, the court has the 
responsibility to safeguard against any identifiable risk that emotion 
could overwhelm reason when the victims provide their victim impact 
testimony. According to the defendants, the only way that the court can 
meet this responsibility is to provide the victims with the Hobson's 
choice of witnessing the trial or providing victim impact statements. 
However, to paraphrase Justice O'Connor's eloquent statement in the 
Payne versus Tennessee case, the possibility that evidence may in some 
cases be unduly inflammatory does not justify a prophylactic, 
constitutionally based rule that this evidence may never be admitted.
  It is for this reason that I am joining my cosponsors to clarify what 
rights victims in this country should and do have. There is more that 
needs to be done in this regard, but with this bipartisan legislation, 
we are taking an important and timely step in the right direction.

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