[Congressional Record (Bound Edition), Volume 149 (2003), Part 3]
[Senate]
[Pages 4247-4260]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. AKAKA:
  S. 427. A bill to amend the Homeland Security Act of 2002 to assist 
States and communities in preparing for and responding to threats to 
the agriculture of the United States; to the Committee on Agriculture, 
Nutrition, and Forestry.
      By Mr. AKAKA:
  S. 430. A bill to amend the Homeland Security Act of 2002 to enhance 
agricultural biosecurity in the United States through increased 
prevention, preparation, and response planning; to the Committee on 
Agriculture, Nutrition, and Forestry.
  Mr. AKAKA. Mr. President, I rise today to address the threat of 
bioterrorist attacks on American agriculture by introducing the 
Agriculture Security Preparedness Act, ASPA, and the Agriculture 
Security Assistance Act, ASAA.
  Thomas Jefferson described the four pillars of American prosperity as 
agriculture, manufacturing, commerce and navigation. Two hundred years 
later, our government is working to protect and defend all critical 
sectors of our society. But are we doing enough to protect American 
agriculture from either deliberate or naturally occurring disease 
outbreaks?
  Secretary of Health and Human Services Tommy Thompson stated in 
September 2002 that the administration has not paid enough attention to 
protecting agriculture while Secretary of Agriculture Ann Venneman 
stated that agricultural biosecurity is her highest priority.
  What is at risk when I speak of ``agricultural security?'' Quite 
simply, a threat to agriculture is a threat to the Nation. My 
legislation will assist efforts by the U.S. Department of Agriculture, 
USDA, new Department of Homeland Security, DHS, to ensure the first 
pillar of American prosperity.
  Agriculture terrorism can impact the safety of our food supply and 
public health. A large scale agricultural disaster, much like risks to 
our information and communication systems, also would undermine 
American economic security. Agricultural activity accounts for 
approximately 13 percent of the U.S. gross domestic product and nearly 
17 percent of domestic employment. Based on the economic damage caused 
by the 2001 foot and mouth disease, FMD, epidemic in Great Britain, a 
single outbreak of FMD could cost the U.S. economy over $10 billion.
  Every State has its own agricultural strengths and economy. My State 
of Hawaii generates more than $1.9 billion in agricultural sales. The 
agriculture sector employs, either directly or indirectly, 38,000 
people in Hawaii. The State's crops range from sugarcane and pineapple 
to coffee and macadamia nuts. However, Hawaii also has to $28 million 
milk industry and nearly $25 million worth of cattle and hogs. When the 
additional losses in tourism and travel are considered, we can see the 
economic impact on Hawaii or any State from an agricultural disease 
emergency would be devastating.
  Pests and diseases are difficult to control when they are introduced 
accidentally. According to a National Academy of Sciences study on 
agricultural security, a deliberate infestation demands even more 
precautions and research and development.
  The Agriculture Security Preparedness Act and the Agriculture 
Security Assistance Act give Federal and State partners responsible for 
responding to threats against our agriculture the tools they need to 
operate efficiently and effectively. Moreover, my legislation amends 
the Homeland Security Act to give agriculture security the attention it 
deserves as a component of our critical infrastructure.
  An agricultural disease outbreak, whether of natural or deliberate 
origin, will require coordinated efforts by the USDA, the Federal 
Emergency Management Agency, FEMA, and DHS, the Environmental 
Protection Agency, EPA, and the Departments of Health and Human 
Services, HHS, Defense, Transportation, and Justice. USDA is the lead 
agency in responding to agricultural emergencies and has created a 
homeland defense council and increased border inspection and research 
activities. These are promising steps. I am happy to see that the USDA 
and FEMA are in the process of drafting a national response plan for 
emerging agriculture diseases. My legislation will compliment these 
efforts and encourage coordination and preparedness on the Federal, 
State, regional, and local level.
  The Agriculture Security Preparedness Act will enhance agricultural 
biosecurity through strengthened interagency and international 
coordination. The Act will establish senior level liaisons in DHS and 
HHS to coordinate with USDA on agriculture disease emergency management 
and response. My legislation also tasks DHS and USDA to work with the 
Department of Transportation to address one of the largest risk factors 
in controlling the spread of a plant or animal disease--the movement of 
animals, plants, and people between and around farms.
  Agricultural disease outbreaks will continue to be rare occurrences 
in the United States. However, high-risk animal and plant diseases are 
endemic in some part of the world. The Agriculture Security 
Preparedness Act will help train American veterinarians and emergency 
responders, and provide much needed help overseas, through bilateral 
mutual aid agreements. The Act also directs the Department of Justice 
and USDA to take a long-overdue look at local and State laws that may 
impede or contradict response plans for an agricultural disease 
emergency.
  The Agricultural Security Assistance Act will assist States and 
communities preparing for and responding to threats to the Nation's 
agriculture. Rapid detection and swift response is imperative to 
contain the spread of any disease, and my bill will help remove delays 
and impediments for local and state officials responding to outbreaks.
  The bill directs USDA to work with each State to develop and 
implement response plans. My legislation establishes grant programs for 
communities and states to incorporate modeling and geographic 
information systems into planning and response activities totaling over 
$15 million. This funding also will help animal health professionals 
participate in community emergency planning activities and assist 
farmers and ranchers strengthen the biosecurity measures on their own 
property.
  In most cases of a suspected or actual agricultural disease outbreak, 
initial response will come from the impacted community and State. 
Federal resources, coordinated by USDA, will augment State 
capabilities. Federal assistance and guidance also is needed long 
before an outbreak occurs. My legislation will increase Federal, State, 
and local abilities to develop resources and response mechanisms to 
contain and eradicate agricultural diseases when they are discovered on 
U.S. soil.
  I ask unanimous consent that the text of the bills be printed in the 
Record.
  There being no objection, the bills were ordered to be printed in the 
Record, as follows:

                                 S. 427

       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 ``Agriculture Security 
     Assistance Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) some agricultural diseases pose a direct threat to 
     human health;
       (2) economic sabotage, in the form of agroterrorism, is 
     also a concern;
       (3) the United States has an $80,000,000,000 livestock 
     industry;
       (4) an outbreak of an agricultural disease, whether 
     naturally occurring or intentionally introduced, could--
       (A) have a profound impact on the infrastructure, economy, 
     and export markets of the United States; and
       (B) erode consumer confidence in the Federal Government and 
     the safety of the food supply of the United States;
       (5) as with human health and bioterrorism preparedness, 
     enhancing current monitoring and response mechanisms to deal 
     with a deliberate act of agricultural terrorism would

[[Page 4248]]

     strengthen the ability of the United States to diagnose and 
     respond quickly to any animal health crisis;
       (6)(A) activities to ensure the biosecurity of farms are an 
     important tool in preventing--
       (i) the intentional or accidental introduction of an 
     agricultural disease; and
       (ii) the spread of an introduced agricultural disease into 
     an outbreak; and
       (B) most surveys of producers indicate discouraging and 
     dangerous trends in basic elements of farm security 
     activities;
       (7)(A) a national response plan, developed by the 
     Department of Agriculture and the Federal Emergency 
     Management Agency, would determine how interdependent 
     agricultural health and emergency management response 
     functions will be coordinated to ensure an orderly, 
     immediate, and unified response to all aspects of an outbreak 
     of an agricultural disease;
       (B) the Department of Agriculture, in cooperation with 
     State and industry partners, would implement the plan as 
     needed; and
       (C) State and local partners would need assistance to 
     implement their shares of the plan;
       (8) States and communities also require assistance to 
     prepare and plan for agricultural disasters;
       (9)(A) rapid detection of an agricultural disease is 
     imperative in containing the spread of the agricultural 
     disease; and
       (B) potential delays and difficulty in detection may 
     complicate decisions regarding appropriate control measures; 
     and
       (10)(A) planning for a response to an outbreak of an 
     agricultural disease will vary from State to State, 
     reflecting--
       (i) the level of awareness;
       (ii) the perception of risk;
       (iii) competing time demands; and
       (iv) the availability of resources; and
       (B) State response capability would be significantly 
     enhanced if State agricultural and emergency management 
     officials were to jointly develop a comprehensive 
     agricultural disease response plan.

     SEC. 3. AGRICULTURE SECURITY ASSISTANCE.

       (a) In General.--Title VIII of the Homeland Security Act of 
     2002 (Public Law 107-296; 116 Stat. 2220) is amended by 
     adding at the end the following:

             ``Subtitle J--Agriculture Security Assistance

     ``SEC. 899A. DEFINITIONS.

       ``In this subtitle:
       ``(1) Agricultural disease.--The term `agricultural 
     disease' means an outbreak of a plant or animal disease, or a 
     pest infestation, that requires prompt action in order to 
     prevent injury or damage to people, plants, livestock, 
     property, the economy, or the environment.
       ``(2) Agricultural disease emergency.--The term 
     `agricultural disease emergency' means an outbreak of a plant 
     or animal disease, or a pest infestation, that requires 
     prompt action in order to prevent injury or damage to people, 
     plants, livestock, property, the economy, or the environment, 
     as determined by the Secretary of Agriculture under--
       ``(A) section 415 of the Plant Protection Act (7 U.S.C. 
     7715); or
       ``(B) section 10407(b) of the Animal Health Protection Act 
     (7 U.S.C. 8306(b)).
       ``(3) Agriculture.--The term `agriculture' includes--
       ``(A) the science and practice of activities relating to 
     food, feed, and fiber production, processing, marketing, 
     distribution, use, and trade;
       ``(B) family and consumer science, nutrition, food science 
     and engineering, agricultural economics, and other social 
     sciences; and
       ``(C) forestry, wildlife science, fishery science, 
     aquaculture, floraculture, veterinary medicine, and other 
     environmental and natural resource sciences.
       ``(4) Agroterrorism.--The term `agroterrorism' means the 
     commission of an agroterrorist act.
       ``(5) Agroterrorist act.--The term `agroterrorist act' 
     means a criminal act consisting of causing or attempting to 
     cause damage or harm to, or destruction or contamination of, 
     a crop, livestock, farm or ranch equipment, a material, any 
     other property associated with agriculture, or a person 
     engaged in agricultural activity, that is committed with the 
     intent--
       ``(A) to intimidate or coerce a civilian population; or
       ``(B) to influence the policy of a government by 
     intimidation or coercion.
       ``(6) Biosecurity.--
       ``(A) In general.--The term `biosecurity' means protection 
     from the risks posed by biological, chemical, or radiological 
     agents to--
       ``(i) plant or animal health;
       ``(ii) the agricultural economy;
       ``(iii) the environment; and
       ``(iv) human health.
       ``(B) Inclusions.--The term `biosecurity' includes the 
     exclusion, eradication, and control of biological agents that 
     cause agricultural diseases.

     ``SEC. 899B. RESPONSE PLANS.

       ``(a) In General.--
       ``(1) State plans.--The Secretary of Agriculture, in 
     consultation with the Director of the Federal Emergency 
     Management Agency, shall assist States in developing and 
     implementing State plans for responding to outbreaks of 
     agricultural diseases.
       ``(2) Required elements.--Each State response plan shall 
     include--
       ``(A) identification of available authorities and resources 
     within the State that are needed to respond to an outbreak of 
     an agricultural disease;
       ``(B) identification of--
       ``(i) potential risks and threats due to agricultural 
     activity in the State; and
       ``(ii) the vulnerabilities to those risks and threats;
       ``(C) potential emergency management assistance compacts 
     and other mutual aid agreements with neighboring States; and
       ``(D) identification of local and State legal statutes or 
     precedents that may affect the implementation of a State 
     response plan.
       ``(3) Regional and national response plans.--The Secretary 
     of Agriculture shall work with States in developing regional 
     and national response plans to carry out this subsection.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as are necessary for fiscal year 2004 and each 
     fiscal year thereafter.
       ``(b) Modeling and Statistical Analyses.--
       ``(1) In general.--In consultation with the Steering 
     Committee of the National Animal Health Emergency Management 
     System and other stakeholders, the Secretary of Agriculture 
     shall conduct a study--
       ``(A) to determine the best use of epidemiologists, 
     computer modelers, and statisticians as members of emergency 
     response task forces that handle foreign or emerging 
     agricultural disease emergencies; and
       ``(B) to identify the types of data that are not collected 
     but that would be necessary for proper modeling and analysis 
     of agricultural disease emergencies.
       ``(2) Report.--Not later than 180 days after the date of 
     enactment of this subtitle, the Secretary of Agriculture 
     shall submit a report that describes the results of the study 
     to--
       ``(A) the Secretary of Homeland Security; and
       ``(B) the heads of other appropriate governmental agencies 
     involved in response planning for agricultural disease 
     emergencies.
       ``(c) Geographic Information System Grants.--
       ``(1) In general.--The Secretary of Agriculture, in 
     consultation with the Secretary of Homeland Security and the 
     Secretary of the Interior, shall establish a program to 
     provide grants to States to develop capabilities to use 
     geographic information systems and statistical models for 
     epidemiological assessments in the event of agricultural 
     disease emergencies.
       ``(2) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection--
       ``(A) $2,500,000 for fiscal year 2004; and
       ``(B) such sums as are necessary for each fiscal year 
     thereafter.
       ``(d) Grants To Facilitate Participation of State and Local 
     Animal Health Care Officials.--
       ``(1) In general.--The Secretary of Homeland Security, in 
     coordination with the Secretary of Agriculture, shall 
     establish a program to provide grants to communities to 
     facilitate the participation of State and local animal health 
     care officials in community emergency planning efforts.
       ``(2) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $5,000,000 
     for fiscal year 2004.

     ``SEC. 899C. BIOSECURITY AWARENESS AND PROGRAMS.

       ``(a) In General.--The Secretary of Agriculture shall 
     implement a public awareness campaign for farmers, ranchers, 
     and other agricultural producers that emphasizes--
       ``(1) the need for heightened biosecurity on farms; and
       ``(2) the reporting of agricultural disease anomalies.
       ``(b) On-Farm Biosecurity.--
       ``(1) In general.--Not later than 240 days after the date 
     of enactment of this subtitle, in consultation with 
     associations of agricultural producers and taking into 
     consideration research conducted under the National 
     Agricultural Research, Extension, and Teaching Policy Act of 
     1977 (7 U.S.C. 3101 et seq.), the Secretary of Agriculture 
     shall--
       ``(A) develop guidelines--
       ``(i) to improve monitoring of vehicles and materials 
     entering or leaving farm or ranch operations; and
       ``(ii) to control human traffic entering or leaving farm or 
     ranch operations; and
       ``(B) disseminate the guidelines to agricultural producers 
     through agricultural education seminars and biosecurity 
     training sessions.
       ``(2) Authorization of appropriations.--
       ``(A) In general.--There are authorized to be appropriated 
     to carry out this subsection--
       ``(i) $5,000,000 for fiscal year 2004; and
       ``(ii) such sums as are necessary for each fiscal year 
     thereafter.
       ``(B) Education program.--Of the amounts made available 
     under subparagraph (A), the Secretary of Agriculture may use 
     such sums

[[Page 4249]]

     as are necessary to establish in each State an education 
     program to distribute the biosecurity guidelines developed 
     under paragraph (1).
       ``(c) Biosecurity Grant Pilot Program.--
       ``(1) In general.--Not later than 240 days after the date 
     of enactment of this subtitle, the Secretary of Agriculture 
     shall develop a pilot program to provide incentives, in the 
     forms of grants or low-interest loans, each in an amount not 
     to exceed $10,000, for agricultural producers to restructure 
     farm and ranch operations (based on the biosecurity 
     guidelines developed under subsection (b)(1))--
       ``(A) to control access to farms or ranches by persons 
     intending to commit an agroterrorist act;
       ``(B) to prevent the introduction and spread of 
     agricultural diseases; and
       ``(C) to take other measures to ensure biosecurity.
       ``(2) Report.--Not later than 3 years after the date of 
     enactment of this subtitle, the Secretary of Agriculture 
     shall submit to the appropriate committees of Congress a 
     report that--
       ``(A) describes the implementation of the pilot program; 
     and
       ``(B) makes recommendations on expansion of the pilot 
     program.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection--
       ``(A) $5,000,000 for fiscal year 2004; and
       ``(B) such sums as are necessary for each of fiscal years 
     2005 through 2007.''.
       (b) Conforming Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by adding at the end of the 
     items relating to title VIII the following:

             ``Subtitle J--Agriculture Security Assistance

``Sec. 899A. Definitions.
``Sec. 899B. Response plans.
``Sec. 899C. Biosecurity awareness and programs.''.
                                  ____


                                 S. 430

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Agriculture Security Preparedness Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Agricultural biosecurity.

                 ``Subtitle J--Agricultural Biosecurity

``Sec. 899A. Definitions.

                 ``Chapter 1--Interagency Coordination

``Sec. 899D. Agricultural disease liaisons.
``Sec. 899E. Transportation.
``Sec. 899F. Regional, State, and local preparation.
``Sec. 899G. Study on feasibility of establishing a national plant 
              disease laboratory.

                 ``Chapter 2--International Activities

``Sec. 899J. International agricultural disease surveillance.
``Sec. 899K. Inspections of imported agricultural products.
``Sec. 899L. Bilateral mutual assistance agreements.

                    ``Chapter 3--Response Activities

``Sec. 899O. Study on feasibility of establishing a national 
              agroterrorism and ecoterrorism incident clearinghouse.
``Sec. 899P. Review of legal authority.
``Sec. 899Q. Information sharing.

Sec. 4. Inclusion of agroterrorism in terrorist acts involving weapons 
              of mass destruction.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the intentional use of agricultural disease agents to 
     attack United States agriculture threatens an industry that 
     accounts for approximately 13 percent of the gross domestic 
     product of the United States;
       (2) the economic impact of a worst-case agricultural 
     disease affecting multiple farms in multiple States could be 
     measured in billions of dollars, including the costs of 
     eradication, production losses, and other market 
     repercussions;
       (3) agricultural diseases can be naturally occurring (such 
     as the outbreak of foot-and-mouth disease in Great Britain 
     during 2001) or intentionally created by malicious actors;
       (4) risk factors affecting the spread of a plant or animal 
     disease include--
       (A) animal density;
       (B) animal and plant concentration points (such as auction 
     markets, sale barns, and grain lots);
       (C) plant and animal movement;
       (D) individuals moving on and off farms;
       (E) wildlife; and
       (F) weather conditions;
       (5) the rapid and widespread movement of animals and crops 
     is an integral part of United States agriculture and the 
     principle means by which an agricultural disease will spread 
     if an agricultural disease occurs;
       (6) response planning and mitigation requires the 
     coordination between the animal health and agricultural 
     community, transportation officials, and representatives of 
     the shipping and trucking industry;
       (7) the United States Department of Agriculture and State 
     departments of agriculture have responsibility for the 
     protection of the agricultural resources of the United 
     States;
       (8) in the event of an agricultural disease, the Department 
     of Agriculture and State departments of agriculture will need 
     the support and resources of other Federal, State, and local 
     agencies that carry out traditional emergency management and 
     response functions;
       (9) while the introduction of an infectious foreign animal 
     disease (such as foot-and-mouth disease) will be the primary 
     threat addressed by an agricultural security plan, the 
     principles used to prevent, detect, control, or eradicate 
     such a disease will apply to large-scale outbreaks of other 
     diseases and other agricultural diseases that affect 
     agriculture;
       (10) numerous Federal agencies have authorities and 
     responsibilities relating to public, animal, and wildlife 
     health, safety, and management;
       (11) the highest priority of the United States, in 
     connection with agricultural diseases, is to prevent the 
     introduction of, detect, control, and eradicate an 
     agricultural disease as quickly as practicable and return the 
     United States to a disease-free status;
       (12)(A) the Incident Command System was adopted by the 
     National Fire Academy as the model system of the Academy in 
     1987 and was later endorsed by the International Association 
     of Chiefs of Police and the American Public Works 
     Association;
       (B) the Incident Command System is used by many Federal 
     agencies, such as the Environmental Protection Agency and the 
     United States Fire Administration, while responding to 
     emergencies; and
       (C) the Secretary of Agriculture, acting through the Animal 
     and Plant Health Inspection Service, should incorporate the 
     Incident Command System in all agricultural disaster 
     emergency response plans; and
       (13) since agricultural diseases will continue to be rare 
     occurrences in the United States, the Department of 
     Agriculture and Federal, State, and local partners will need 
     to reinforce preparedness, training, and response 
     mechanisms--
       (A) through an all-hazard approach to all agricultural 
     disaster emergencies; and
       (B) by gaining field experience in foreign countries where 
     high-risk agricultural diseases are endemic.

     SEC. 3. AGRICULTURAL BIOSECURITY.

       (a) In General.--Title VIII of the Homeland Security Act of 
     2002 (Public Law 107-296; 116 Stat. 2220) is amended by 
     adding at the end the following:

                 ``Subtitle J--Agricultural Biosecurity

     ``SEC. 899A. DEFINITIONS.

       ``In this subtitle:
       ``(1) Agricultural disease.--The term `agricultural 
     disease' means an outbreak of a plant or animal disease, or a 
     pest infestation, that requires prompt action in order to 
     prevent injury or damage to people, plants, livestock, 
     property, the economy, or the environment.
       ``(2) Agriculture.--The term `agriculture' includes--
       ``(A) the science and practice of activities relating to 
     food, feed, and fiber production, processing, marketing, 
     distribution, use, and trade;
       ``(B) family and consumer science, nutrition, food science 
     and engineering, agricultural economics, and other social 
     sciences; and
       ``(C) forestry, wildlife science, fishery science, 
     aquaculture, floraculture, veterinary medicine, and other 
     environmental and natural resource sciences.
       ``(3) Agroterrorism.--The term `agroterrorism' means the 
     commission of an agroterrorist act.
       ``(4) agroterrorist act.--The term `agroterrorist act' 
     means a criminal act consisting of causing or attempting to 
     cause damage or harm to, or destruction or contamination of, 
     a crop, livestock, farm or ranch equipment, a material, any 
     other property associated with agriculture, or a person 
     engaged in agricultural activity, that is committed with the 
     intent--
       ``(A) to intimidate or coerce a civilian population; or
       ``(B) to influence the policy of a government by 
     intimidation or coercion.
       ``(5) Biosecurity.--
       ``(A) In general.--The term `biosecurity' means protection 
     from the risks posed by biological, chemical, or radiological 
     agents to--
       ``(i) plant or animal health;
       ``(ii) the agricultural economy;
       ``(iii) the environment; and
       ``(iv) human health.
       ``(B) Inclusions.--The term `biosecurity' includes the 
     exclusion, eradication, and control of biological agents that 
     cause plant or animal diseases.
       ``(6) Ecoterrorism.--The term `ecoterrorism' means the use 
     of force or violence against a person or property to 
     intimidate or coerce all or part of a government or the 
     civilian population, in furtherance of a

[[Page 4250]]

     social goal in the name of an environmental cause.

                 ``CHAPTER 1--INTERAGENCY COORDINATION

     ``SEC. 899D. AGRICULTURAL DISEASE LIAISONS.

       ``(a) agricultural Disease Management Liaison.--The 
     Secretary shall establish a senior level position within the 
     Federal Emergency Management Agency to serve, as a primary 
     responsibility, as a liaison for agricultural disease 
     management between--
       ``(1) the Department; and
       ``(2)(A) the Federal Emergency Management Agency;
       ``(B) the Department of Agriculture;
       ``(C) other Federal agencies responsible for agriculture 
     disease emergency response;
       ``(D) the emergency management community;
       ``(E) State emergency officials and agricultural officials; 
     and
       ``(F) affected industries.
       ``(b) Animal Health Care Liaison.--The Secretary of Health 
     and Human Services shall establish within the Department of 
     Health and Human Services a senior level position to serve, 
     as a primary responsibility, as a liaison between--
       ``(1) the Department of Health and Human Services; and
       ``(2)(A) the Department of Agriculture;
       ``(B) the animal health community;
       ``(C) the emergency management community; and
       ``(D) affected industries.

     ``SEC. 899E. TRANSPORTATION.

       ``The Secretary of Transportation, in consultation with the 
     Secretary of Agriculture and the Secretary, shall--
       ``(1) publish in the Federal Register proposed guidelines 
     for restrictions on interstate transportation of an 
     agricultural commodity or product in response to an 
     agricultural disease;
       ``(2) provide for a comment period for the proposed 
     guidelines of not less than 90 days;
       ``(3) establish the final guidelines, taking into 
     consideration any comments received under paragraph (2); and
       ``(4) provide the guidelines to officers and employees of 
     --
       ``(A) the Department of Agriculture;
       ``(B) the Department of Transportation; and
       ``(C) the Department .

     ``SEC. 899F. REGIONAL, STATE, AND LOCAL PREPARATION.

       ``(a) Environmental Protection Agency.--The Administrator 
     of the Environmental Protection Agency, in consultation with 
     the Secretary of Agriculture, shall cooperate with regional, 
     State, and local disaster preparedness officials to include 
     consideration of potential environmental impacts of response 
     activities in planning responses to agricultural diseases.
       ``(b) Department of Agriculture.--The Secretary of 
     Agriculture, in consultation with the Secretary, shall--
       ``(1) develop and implement information-sharing procedures 
     to provide information to and share information among 
     Federal, regional, State, and local officials regarding 
     agricultural threats, risks, and vulnerabilities; and
       ``(2) cooperate with State agricultural officials, State 
     and local emergency managers, representatives from State land 
     grant colleges and research universities, agricultural 
     producers, and agricultural trade associations to establish 
     local response plans for agricultural diseases.
       ``(c) Federal Emergency Management Agency.--The Director of 
     the Federal Emergency Management Agency, in consultation with 
     the Secretary of Agriculture, shall--
       ``(1) establish a task force, consisting of agricultural 
     producers and State and local emergency response officials, 
     to identify best practices for regional and State 
     agricultural disease programs;
       ``(2) distribute to States and localities a report that 
     describes the best practices; and
       ``(3) design and distribute packages containing exercises 
     for training, based on the identified best practices, in the 
     form of printed materials and electronic media, for 
     distribution to State and local emergency managers and State 
     agricultural officials.

     ``SEC. 899G. STUDY ON FEASIBILITY OF ESTABLISHING A NATIONAL 
                   PLANT DISEASE LABORATORY.

       ``Not later than 270 days after the date of enactment of 
     this subtitle, the Secretary of Agriculture shall submit to 
     the appropriate committees of Congress a report on the 
     feasibility of establishing a national plant disease 
     laboratory, based on the model of the Centers for Disease 
     Control and Prevention, with the primary task of--
       ``(1) integrating and coordinating a nationwide system of 
     independent plant disease diagnostic laboratories, including 
     plant clinics maintained by land grant colleges and 
     universities; and
       ``(2) increasing the capacity, technical infrastructure, 
     and information-sharing capabilities of laboratories 
     described in paragraph (1).

                 ``CHAPTER 2--INTERNATIONAL ACTIVITIES

     ``SEC. 899J. INTERNATIONAL AGRICULTURAL DISEASE SURVEILLANCE.

       ``Not later than 1 year after the date of enactment of this 
     subtitle, the Secretary of Agriculture, in consultation with 
     the Secretary of State and the Administrator of the United 
     States Agency for International Development, shall submit to 
     the appropriate committees of Congress a report on measures 
     taken by the Secretary of Agriculture--
       ``(1) to streamline the process of notification by the 
     Secretary of Agriculture to Federal agencies in the event of 
     agricultural diseases in foreign countries; and
       ``(2) to cooperate with representatives of foreign 
     countries, international organizations, and industry to 
     devise and implement methods of sharing information on 
     international agricultural diseases and unusual agricultural 
     activities.

     ``SEC. 899K. INSPECTIONS OF IMPORTED AGRICULTURAL PRODUCTS.

       ``The Secretary shall--
       ``(1) cooperate with the Secretary of Agriculture and 
     appropriate Federal intelligence officials to improve the 
     ability of the Department of Agriculture to identify 
     agricultural commodities and products, livestock, and other 
     goods imported from suspect locations recognized by the 
     intelligence community as having--
       ``(A) experienced agricultural terrorist activities or 
     unusual agricultural diseases; or
       ``(B) harbored agroterrorists; and
       ``(2) use the information collected under paragraph (1) to 
     establish inspection priorities.

     ``SEC. 899L. BILATERAL MUTUAL ASSISTANCE AGREEMENTS.

       ``The Secretary of State, in coordination with the 
     Secretary of Agriculture and the Secretary, shall--
       ``(1) enter into mutual assistance agreements with other 
     countries for assistance in the event of an agricultural 
     disease--
       ``(A) to provide training to veterinarians and agriculture 
     specialists of the United States in the identification, 
     diagnosis, and control of foreign agricultural diseases;
       ``(B) to provide resources and personnel to foreign 
     governments with limited resources to respond to agricultural 
     diseases; and
       ``(C) to participate in bilateral training programs and 
     exercises; and
       ``(2) provide funding for personnel to participate in 
     related exchange and training programs.

                    ``CHAPTER 3--RESPONSE ACTIVITIES

     ``SEC. 899O. STUDY ON FEASIBILITY OF ESTABLISHING A NATIONAL 
                   AGROTERRORISM AND ECOTERRORISM INCIDENT 
                   CLEARINGHOUSE.

       ``Not later than 240 days after the date of enactment of 
     this subtitle, the Attorney General, in conjunction with the 
     Secretary of Agriculture, shall submit to the appropriate 
     committees of Congress a report on the feasibility and 
     estimated cost of establishing and maintaining a national 
     agroterrorism incident clearinghouse to gather information 
     for use in coordinating and assisting investigations on 
     incidents of--
       ``(1) agroterrorism committed against or directed at--
       ``(A) any plant or animal enterprise; or
       ``(B) any person, because of any actual or perceived 
     connection of the person with, or support by the person of, 
     agriculture; and
       ``(2) ecoterrorism.

     ``SEC. 899P. REVIEW OF LEGAL AUTHORITY.

       ``(a) In General.--The Attorney General, in consultation 
     with the Secretary of Agriculture, shall conduct a review of 
     State and local laws relating to agroterrorism and 
     biosecurity to determine--
       ``(1) the extent to which those laws facilitate or impede 
     the implementation of current or proposed response plans with 
     respect to agricultural diseases;
       ``(2) whether an injunction issued by a State court could--
       ``(A) delay the implementation of a Federal response plan; 
     or
       ``(B) affect the extent to which an agricultural disease 
     spreads; and
       ``(3) the types and extent of legal evidence that may be 
     required by State courts before a response plan may be 
     implemented.
       ``(b) Report.--Not later than 1 year after the date of 
     enactment of this subtitle, the Attorney General shall submit 
     to the appropriate committees of Congress a report that 
     describes the results of the review conducted under 
     subsection (a) (including any recommendations of the Attorney 
     General).

     ``SEC. 899Q. INFORMATION SHARING.

       ``The Secretary of Agriculture, in cooperation with the 
     Attorney General, shall develop and implement a system to 
     share information during all stages of an agroterrorist 
     act.''.
       (b) Conforming Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by adding at the end of the 
     items relating to title VIII the following:

                 ``Subtitle J--Agricultural Biosecurity

``Sec. 899A. Definitions.

                 ``Chapter 1--Interagency Coordination

``Sec. 899D. Agricultural disease liaisons.
``Sec. 899E. Transportation.
``Sec. 899F. Regional, State, and local preparation.
``Sec. 899G. Study on feasibility of establishing a national plant 
              disease laboratory.

                 ``Chapter 2--International Activities

``Sec. 899J. International agricultural disease surveillance.

[[Page 4251]]

``Sec. 899K. Inspections of imported agricultural products.
``Sec. 899L. Bilateral mutual assistance agreements

         ``Chapter 3--Legal Definitions and Response Activities

``Sec. 899O. Study on feasibility of establishing a national 
              agroterrorism and ecoterrorism incident clearinghouse.
``Sec. 899P. Review of legal authority.
``Sec. 899Q. Information sharing.''.

     SEC. 4. INCLUSION OF AGROTERRORISM IN TERRORIST ACTS 
                   INVOLVING WEAPONS OF MASS DESTRUCTION.

       Section 2332a(a) of title 18, United States Code, is 
     amended--
       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by striking the comma at the end and 
     inserting ``; or''; and
       (3) by inserting after paragraph (3) the following:
       ``(4) against private property, including property used for 
     agricultural or livestock operations;''.
                                 ______
                                 
      By Mr. BAUCUS:
  S. 428. A bill to provide for the distribution of judgment funds to 
the Assiniboine and Sioux Tribes of the Fort Peck Reservation; to the 
Committee on Indian Affairs.
  Mr. BAUCUS. Mr. President, I rise today to reintroduce a bill I had 
introduced during the 107th Congress, which will provide for the use 
and distribution of judgment funds awarded to the Assiniboine and Sioux 
Tribes of the Fort Peck Reservation in northeast Montana.
  In 1987, the Assiniboine and Sioux Tribes of the Fort Peck 
Reservation brought suit against the United States to recover interest 
earned on their trust funds while those funds were in Special Deposit 
and IMPL-Agency accounts. The case was filed in the U.S. Claims court, 
and docketed as No. 773-87-L.
  After the court ruled that the United States was liable to the Fort 
Peck Tribes and individual Indians for interest on those funds, the 
tribes and the United States reached an agreement for settling the 
claims in the case, for the sum of $4,522,551.84. The court approved 
the settlement agreement.
  The settlement agreement further provided that the judgment be 
divided between the Fort Peck Tribes and those individual Indians who 
are found to be eligible to share in the judgment. On January 31, 2001, 
the court approved a stipulation between the parties that defined the 
procedures by which the Fort Peck Tribes' and individual Indians' 
respective shares in the judgment would be determined and distributed 
to them.
  Pursuant to the court-approved stipulation in the case, on February 
14, 2001, a portion of the tribe's share of the judgment was deposited 
into an account in Treasury for the use of the Fort Peck Tribes. As 
provided by the court-approved stipulation, those funds are to be 
available for immediate use by the tribe pursuant to a plan adopted 
under the Indian Tribal Judgment Funds Use or Distribution Act, 25 
U.S.C. 1401 et seq. The court-approved stipulation further recognized 
that the tribe will most likely receive additional payments from this 
settlement once the work identifying all individuals eligible to share 
in the judgment is complete and the pro rata shares are finally 
computed. Those funds, too, are to be available for use by the tribe in 
accord with a plan adopted under the Tribal Judgment Funds Use or 
Distribution Act.
  As required by the stipulation and the Tribal Judgment Funds Use or 
Distribution Act, the tribe developed a plan for the use of the tribe's 
share of the settlement. Under the plan, the Tribe's share of the 
judgment will be used for tribal health, education, housing, and social 
services programs.
  The tribe submitted its plan to the Department of the Interior for 
review and approval. Public hearings were held during which the views 
and recommendations of tribal members were heard regarding the plan. 
The tribe has been advised that the Department of Interior has no 
objection to the tribe's plan and can approve it. However, although the 
plan was developed and public hearing held during 2001, the Interior 
Department did not complete its review of the plan, nor submit the 
approved plan to Congress within the 1-year deadline imposed by the 
Tribal Judgment Fund Use or Distribution Act. As a result, in order for 
the Fort Peck Tribe to make use of the judgment awarded to the tribe, 
it is necessary for Congress to formally adopt legislation approving 
the tribe's plan. The proposed bill language, would serve this purpose.
  This judgment is based on money that rightfully belongs to the Fort 
Peck tribes and should be moved expeditiously through Congress. I look 
forward to working with the Committee on Indian Affairs to move this 
legislation forward.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Mr. Kennedy, Mr. Schumer, Mr. 
        Corzine, Mr. Lautenberg, Mr. Durbin, and Mr. Levin):
  S. 429. A bill to amend the Internal Revenue Code of 1986 to regulate 
certain 50 caliber sniper weapons in the same manner as machine guns 
and other firearms, and for other purposes; to the Committee on 
Finance.
  Mrs. FEINSTEIN. Mr. President, I rise on behalf of myself and 
Senators Kennedy, Schumer, Corzine, Lautenberg, Durbin, and Levin to 
introduce the ``Anti-Terrorism Military Sniper Weapon Reclassification 
Act of 2003.''
  This bill, identical to legislation I have introduced in the last two 
Congresses, will reclassify powerful fifty-caliber military sniper 
rifles under the National Firearms Act, thus making it much more 
difficult for terrorists, doomsday cults, and criminals to obtain these 
guns for illegitimate use.
  Fifty-caliber sniper rifles, manufactured by a small handful of 
companies and individuals, are deadly, military style assault weapons, 
designed for armed combat with wartime enemies. They weight up to 28 
pounds and are capable of piercing light armor at more than 4 miles. 
The guns enable a single shooter to destroy enemy aircraft, jeeps, 
tanks, personnel carriers, bunkers, fuel stations, and even 
communication centers. As a result, their use by military organizations 
worldwide has been spreading rapidly.
  But along with the increasing military use of the gun, we have also 
seen increased use of the weapon by violent criminals and terrorists 
around the world.
  These weapons are deadly accurate up to 2,000 yards. This means that 
a shooter using a 50-caliber weapon can reliably hit a target more than 
a mile away. In fact, according to a training manual for military and 
police snipers published in 1993, a bullet from this gun ``even at one 
and a half miles crashes into a target with more energy than Dirty 
Harry's famous .44 magnum at point-blank'' range.
  And the gun is ``effective'' up to 7,500 yards. In other words, 
although it may be hard to aim at this distance, the gun will have its 
desired destructive effect at that distance--more than 4 miles from the 
target.
  The weapon can penetrate several inches of steel, concrete, or even 
light armor. In fact, many ranges used for target practice do not even 
have enough safety features to accommodate these guns--they are just 
too powerful.
  Recent advances in weapons technology allow this gun to be used by 
civilians against armored limousines, bunkers, individuals, and even 
aircraft--in fact, one advertisement for the gun apparently promoted 
the weapon as able to ``wreck several million dollars' worth of jet 
aircraft with one or two dollars worth of cartridge.''
  This gun is so powerful that one dealer told undercover GAO 
investigators ``You'd better buy one soon. It's only a matter of time 
before someone lets go a round on a range that travels so far, it hits 
a school bus full of kids. The government will definitely ban .50-
calibers. This gun is just too powerful.''
  When I first introduced this bill, I commented that a study by the 
General Accounting Office revealed some eye-opening facts about how and 
where this gun is used, and how easily it is obtained. The GAO reports 
that many of these guns wind up in the hands of domestic and 
international terrorists, religious cults, outlaw motorcycle gangs, 
drug traffickers, and violent criminals.

[[Page 4252]]

  According to a special agent at ATF's Atlanta Field Division, the 
Barrett .50-caliber rifle is ``a devastatingly powerful weapon against 
which most troops, most law enforcement and no civilians have any means 
of defense.'' He added that the rifle is ``a tremendous threat'' for 
``those most shocking and horrifying crimes, assassinations, murders, 
assaults on law enforcement officers.''
  In 1998, Federal law enforcement apprehended three men belonging to a 
radical Michigan militia group. The three were charged with plotting to 
bomb Federal office buildings, destroy highways and utilities. They 
were also charged with plotting to assassinate the State's Governor, a 
U.S. Senator and Federal judges. A .50-caliber sniper rifle was found 
in their possession along with a cache of weapons that included three 
illegal machine guns.
  One doomsday cult headquartered in Montana purchased 10 of these guns 
and stockpiled them in an underground bunker, along with thousands of 
rounds of ammunition and other guns.
  At least one .50-caliber gun was recovered by Mexican authorities 
after a shoot-out with an international drug cartel in that country. 
The gun was originally purchased in Wyoming, so it is clear that the 
guns are making their way into the hands of criminals worldwide.
  Another .50-caliber sniper rifle, smuggled out of the United States, 
was used by the Irish Republican Army to kill a large number of British 
soldiers.
  Even more recently we have learned that Al Qaeda has received .50-
caliber sniper rifles--rifles that were manufactured right here in the 
United States. Nearly 2 years ago today, Essam al Ridi, a U.S. agent 
for Al Qaeda, testified that he acquired 25 Barrett .50-caliber sniper 
rifles and shipped them to Al Qaeda members in Afghanistan. We have no 
way of knowing whether Al Qaeda has obtained more or who has supplied 
them with these weapons, but we can be sure that any .50-caliber weapon 
in the hands of Al Qaeda will almost certainly be used against 
Americans or American interests.
  Ammunition for these guns is also readily available, even over the 
Internet. Bullets for these guns include ``armor piercing incendiary'' 
ammunition that explodes on impact, and even ``armor piercing tracing'' 
ammunition reminiscent of the ammunition that lit up the skies over 
Baghdad during the Persian Gulf war.
  Several ammunition dealers were willing to sell armor piercing 
ammunition to an undercover GAO investigator even after the 
investigator said he wanted the ammunition to pierce an armored 
limousine or maybe to ``take down'' a helicopter. In fact, our own 
military helps to provide thousands of rounds of .50-caliber 
ammunition, by essentially giving away tons of spent cartridges, many 
of which are then refurbished and sold on the civilian market.
  This bill will begin the process of making these guns harder to get 
and easier to track.
  Current law classifies .50-caliber guns as ``long guns,'' subject to 
the least government regulation for any firearm. Sawed-off shotguns, 
machine guns, and even handguns are more highly regulated than this 
military sniper rifle. In fact, many States allow possession of .50-
caliber guns by those as young as 14 years old, and there is no 
regulation on second-hand sales.
  Essentially, this bill would reclassify .50-caliber guns under the 
National Firearms Act, which imposes far stricter standards on powerful 
and destruction weapons. For instance: NFA guns may only be purchased 
from a licensed dealer, and not second-hand. This will prevent the sale 
of these guns at gun shows and in other venues that make it hard for 
law enforcement to track the weapons.
  Second, purchasers of NFA guns must fill out license transfer 
applications and provide fingerprints to be processed by the FBI in 
detailed criminal background checks. By reclassifying the .50-caliber, 
Congress will be making a determination that sellers should be more 
careful about to whom they give these powerful, military guns.
  ATF reports that this background check process takes about 60 days, 
so prospective gun buyers will face some delay. However, legitimate 
purchasers of this $7,000 gun can certainly wait that long.
  Clearly, placing a few more restrictions on who can get these guns 
and how is simply common sense. This bill will not ban the sale, use or 
possession of .50-caliber weapons. The .50-caliber shooting club will 
not face extinction, and ``legitimate'' purchasers of these guns will 
not lose their access--even though that, too, might be a reasonable 
step, since I cannot imagine a legitimate use of this gun.
  I do not view the reclassification of .50-caliber weapons so much as 
an issue of firearm safety, but rather as a matter of national 
security. And I can say for a fact that I am not alone in that view.
  Indeed the U.S. Air Force has studied the scenario of a potential 
terrorist attack with a .50-caliber weapon. According to a November 
2001 article in the Air Force's official magazine, Airman, an 
antisniper assessment claimed that planes parked on a fully protected 
U.S. airbase are as vulnerable as ``ducks on a pond'' because the 
weapons can shoot from beyond most airbase perimeters. The Air Force 
has addressed the issue and the effectiveness of specially trained 
countersnipers to respond to a .50-caliber weapon attack on aircraft, 
fuel tanks, control towers, and personnel.
  While I am glad to know our military has given due consideration to 
the threats posed by .50-caliber weapons, I have real concerns over the 
threats posed to civilian aviation.
  Our Nation's airports in no way match the security measures at air 
force bases. These commercial facilities handle millions of passengers 
and tons of cargo each day and are especially vulnerable to the threats 
posed by .50-caliber weapons.
  The threats to civilian aviation have been made abundantly clear over 
the last year and a half. The events of September 11 certainly showed 
the ability of terrorists to find loopholes in aviation security.
  The recent attack on an Israeli airliner last November in Kenya 
serves as an example of the threat these weapons pose. Less than 4 
months ago, an Israeli airliner, loaded with hundreds of innocent 
civilians, became the target of a terrorist attack. Two heat-seeking, 
Russian-made missiles known as SA-7s were launched at Arkia Flight 582 
a few minutes after it took off from the Mombasa airport bound for 
Israel.
  Fortunately, the two missiles passed by the jet, and the flight, with 
271 people on board, was able to land safely in Tel Aviv a few hours 
later. A shoulder-fire missile launcher was found on the ground near 
the airport.
  A previously unknown group calling itself the Army of Palestine 
claimed responsibility for the attacks, but government officials in 
Kenya and Israel, along with terrorism experts, said the operation was 
well coordinated and bore the trademarks of Al Qaeda or an affiliated 
group.
  This type of attack, one on civilian aircraft, is exactly the sort 
that a .50-caliber weapon is capable of. Experts have agreed that .50-
caliber weapons aimed at a plane while stationary, or taking off or 
arriving could be just as disastrous as a hit from a missile launcher. 
Gal Luft, co-Director of the Institute for the Analysis of Global 
Security has described .50-caliber weapons as ``lethal to slow moving 
planes.''
  For further assurance of the potential destruction of these weapons, 
simply listen to the manufacturers themselves. According to a Barrett 
Firearms Manufacturing Model 82A1 .50 caliber sniper rifle brochure.
  ``The cost effectiveness of the Model 82A1 cannot be overemphasized 
when a round of ammunition purchased for less than 10 U.S. dollars can 
be used to destroy or disable a modern jet aircraft. The compressor 
sections of jet engines or the transmissions of helicopters are likely 
targets for the weapon, making it capable of destroying multimillion 
dollar aircraft with a single hit delivered to a vital area.''
  The Nordic Ammunition Company is the developer of the Raufoss 
multipurpose ammunition for .50-caliber weapons that combines armor-
piercing, incendiary, and explosive features and

[[Page 4253]]

was used by U.S. forces during the gulf war. According to the company, 
the ammunition can ignite military jet fuel and has ``the equivalent 
firing power of a 20-mm projectile to include such targets as 
helicopters, aircrafts, light armor vehicles, ships, and light 
fortifications.''
  The bill will simply place stricter requirements on the way in which 
these guns can be sold, and to whom. The measure is meant to offer a 
reasoned solution to making it harder for terrorists, assassins, and 
other criminals to obtain these powerful weapons. If we are to continue 
to allow private citizens to own and use guns of this caliber, range, 
and destructive power, we should at the very least take greater care in 
making sure that these guns do no fall into the wrong hands.
  I urge my colleagues to support this bill.
                                 ______
                                 
      By Mr. VOINOVICH:
  S. 431. A bill to amend the Solid Waste Disposal Act to impose 
certain limits on the receipt of out-of-State municipal solid waste; to 
the Committee on Environment and Public Works.
  Mr. VOINOVICH. Mr. President, I rise today to introduce legislation 
that will allow States to finally obtain relief from the seemingly 
endless stream of solid waste that is flowing into States like Ohio, 
Pennsylvania, Indiana, Michigan, Virginia and many others.
  My bill, ``the Municipal Solid Waste Interstate Transportation and 
Local Authority Act,'' gives State and local governments the tools they 
need to limit garbage imports from other States and manage their own 
waste within their own States.
  Ohio receives more than 1.5 million tons of municipal solid waste 
annually from other States and this number has been increasing 
regularly. In fact, estimates for 2001 indicate that Ohio imported 
almost 2 million tons of municipal solid waste, which is almost 600,000 
more tons of waste than Ohio imported in 1997. While I am pleased that 
these shipments have been reduced since our record high of 3.7 million 
tons in 1989, I believe it is still entirely too high.
  Because it is cheap and because it is expedient, communities in other 
States have simply put their garbage on trains or on trucks and shipped 
it to be landfilled in States like Ohio, Indiana, Michigan, 
Pennsylvania and Virginia. This is wrong and it has to stop.
  Many State and local governments in importing States have worked hard 
to develop strategies to reduce waste and plan for future disposal 
needs. As Governor of Ohio, I worked aggressively to limit shipments of 
out-of-state waste into Ohio through voluntary cooperation of Ohio 
landfill operators and agreements with other States. We saw limited 
relief. Ohio has no assurance that our out-of-state waste numbers won't 
rise significantly, particularly in light of the closure of the Fresh 
Kills landfill on Staten Island in 2001. Unfortunately, the Federal 
courts have prevented States from enacting laws to protect our natural 
resources from being utilized as landfill space. What has emerged is an 
unnatural pattern where Ohio and other States--both importing and 
exporting--have tried to take reasonable steps to encourage 
conservation and local disposal, only to be undermined by a barrage of 
court decisions at every turn.
  Quite frankly, State and local governments' hands are tied. Lacking a 
specific delegation of authority from Congress, States that have acted 
responsibly to implement environmentally sound waste disposal plans and 
recycling programs are still being subjected to a flood of out-of-state 
waste. In Ohio, this has undermined our recycling efforts because 
Ohioans continue to ask why they should recycle to conserve landfill 
space when it is being used for other States' trash. Our citizens 
already have to live with the consequences of large amounts of out-of-
state waste--increased noise, traffic, wear and tear on our roads and 
litter that is blown onto private homes, schools and businesses.
  Ohio and many other States have taken comprehensive steps to protect 
our resources and address a significant environmental threat. However, 
excessive, uncontrolled waste disposal from other States has limited 
the ability of Ohioans to protect their environment, health and safety. 
I do not believe the Commerce Clause requires us to service other 
States at the expense of our own citizens' efforts.
  A national solution is long overdue. When I became Governor of Ohio 
in 1991, I joined a coalition with other Midwest Governors--Governor 
Bayh, now Senator Bayh, of Indiana, Governor Engler of Michigan and 
Governor Casey, and later Governors Ridge and O'Bannon, of 
Pennsylvania--to try to pass effective interstate waste and flow 
control legislation.
  In 1996, Midwest Governors were asked by Congress to reach an 
agreement with Governors Whitman and Pataki on interstate waste 
provisions. Our States quickly came to an agreement with New Jersey--
the second largest exporting State--on interstate waste provisions. We 
began discussions with New York, but these were put on hold 
indefinitely in the wake of their May, 1996 announcement to close the 
Fresh Kills landfill.
  The bill that I am introducing today reflects the agreement that my 
State, along with Indiana, Michigan and Pennsylvania, reached with 
then-Governor Whitman.
  For Ohio, the most important aspect of this bill is the ability for 
States to limit future waste flows. For instance, they would have the 
option to set a ``permit cap,'' which would allow a State to impose a 
percentage limit on the amount of out-of-state waste that a new 
facility or expansion of an existing facility could receive annually. 
Or, a State could choose a provision giving them the authority to deny 
a permit for a new facility if it is determined that there is not a 
local or in-state regional need for that facility.
  These provisions provide assurances to Ohio and other States that new 
facilities will not be built primarily for the purpose of receiving 
out-of-state waste. For instance, in 1996, Ohio EPA had to issue a 
permit for a landfill that was bidding to take 5,000 tons of garbage a 
day--approximately 1.5 million tons a year--from Canada alone, which 
would have doubled the amount of out-of-state waste entering Ohio. 
Thankfully this landfill lost the Canadian bid. Ironically though, the 
waste company put their plans on hold to build the facility because 
there is not enough need for the facility in the State and they need to 
ensure a steady out-of-state waste flow to make the plan feasible.
  In addition, this bill would ensure that landfills and incinerators 
could not receive trash from other States until local governments 
approve its receipt. States could also freeze their out-of-state waste 
at 1993 levels, while some States would be able to reduce these levels 
to 65 percent by the year 2008. This bill also allows States to reduce 
the amount of construction and demolition debris they receive by 50 
percent in 2014 at the earliest.
  States also could impose up to a $3-per-ton cost recovery surcharge 
on out-of-state waste. This fee would help provide States with the 
funding necessary to implement solid waste management programs.
  Unfortunately, efforts to place reasonable restrictions on out-of-
state waste shipments have been perceived by some as an attempt to ban 
all out-of-state trash. On the contrary, I am not asking for outright 
authority for States to prohibit all out-of-state waste, nor am I 
seeking to prohibit waste from any one State. I am merely asking for 
reasonable tools that will enable State and local governments to act 
responsibly to manage their own waste and limit unreasonable waste 
imports from other States. Such measures would give substantial 
authority to limit imports and plan facilities around each States' 
needs.
  I believe the time is right to consider and pass an effective 
interstate waste bill. The bill I am introducing today is a consensus 
of importing and exporting States--States that have willingly come 
forward to offer a reasonable solution.
  Congress must act this year to give citizens in Ohio and other 
affected States the relief they need from the

[[Page 4254]]

truckloads of waste that daily pass through their communities. We have 
waited too long for a solution. Congress must act now to prevent this 
problem from spreading further to our neighbors out West and to help 
our neighbors in the East better manage the trash they generate.
  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. 431

       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 ``Municipal Solid Waste 
     Interstate Transportation and Local Authority Act of 2003''.

     SEC. 2. AUTHORITY TO PROHIBIT OR LIMIT RECEIPT OF OUT-OF-
                   STATE MUNICIPAL SOLID WASTE AT EXISTING 
                   FACILITIES.

       (a) In General.--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. AUTHORITY TO PROHIBIT OR LIMIT RECEIPT OF OUT-
                   OF-STATE MUNICIPAL SOLID WASTE AT EXISTING 
                   FACILITIES.

       ``(a) Definitions.--In this section:
       ``(1) Affected local government.--The term `affected local 
     government', with respect to a facility, means--
       ``(A) the public body authorized by State law to plan for 
     the management of municipal solid waste for the area in which 
     the facility is located or proposed to be located, a majority 
     of the members of which public body are elected officials;
       ``(B) in a case in which there is no public body described 
     in subparagraph (A), the elected officials of the city, town, 
     township, borough, county, or parish selected by the Governor 
     and exercising primary responsibility over municipal solid 
     waste management or the use of land in the jurisdiction in 
     which the facility is located or proposed to be located; or
       ``(C) in a case in which there is in effect an agreement or 
     compact under section 105(b), contiguous units of local 
     government located in each of 2 or more adjoining States that 
     are parties to the agreement, for purposes of providing 
     authorization under subsection (b), (c), or (d) for municipal 
     solid waste generated in the jurisdiction of 1 of those units 
     of local government and received in the jurisdiction of 
     another of those units of local government.
       ``(2) Authorization to receive out-of-state municipal solid 
     waste.--
       ``(A) In general.--The term `authorization to receive out-
     of-State municipal solid waste' means a provision contained 
     in a host community agreement or permit that specifically 
     authorizes a facility to receive out-of-State municipal solid 
     waste.
       ``(B) Specific authorization.--
       ``(i) Sufficient formulations.--For the purposes of 
     subparagraph (A), only the following, shall be considered to 
     specifically authorize a facility to receive out-of-State 
     municipal solid waste:

       ``(I) an authorization to receive municipal solid waste 
     from any place within a fixed radius surrounding the facility 
     that includes an area outside the State;
       ``(II) an authorization to receive municipal solid waste 
     from any place of origin in the absence of any provision 
     limiting those places of origin to places inside the State;
       ``(III) an authorization to receive municipal solid waste 
     from a specifically identified place or places outside the 
     State; or
       ``(IV) a provision that uses such a phrase as `regardless 
     of origin' or `outside the State' in reference to municipal 
     solid waste.

       ``(ii) Insufficient formulations.--For the purposes of 
     subparagraph (A), either of the following, by itself, shall 
     not be considered to specifically authorize a facility to 
     receive out-of-State municipal solid waste:

       ``(I) A general reference to the receipt of municipal solid 
     waste from outside the jurisdiction of the affected local 
     government.
       ``(II) An agreement to pay a fee for the receipt of out-of-
     State municipal solid waste.

       ``(C) Form of authorization.--To qualify as an 
     authorization to receive out-of-State municipal solid waste, 
     a provision need not be in any particular form; a provision 
     shall so qualify so long as the provision clearly and 
     affirmatively states the approval or consent of the affected 
     local government or State for receipt of municipal solid 
     waste from places of origin outside the State.
       ``(3) Disposal.--The term `disposal' includes incineration.
       ``(4) Existing host community agreement.--The term 
     `existing host community agreement' means a host community 
     agreement entered into before January 1, 2003.
       ``(5) Facility.--The term `facility' means a landfill, 
     incinerator, or other enterprise that received municipal 
     solid waste before the date of enactment of this section.
       ``(6) Governor.--The term `Governor', with respect to a 
     facility, means the chief executive officer of the State in 
     which a facility is located or proposed to be located or any 
     other officer authorized under State law to exercise 
     authority under this section.
       ``(7) Host community agreement.--The term `host community 
     agreement' means a written, legally binding agreement, 
     lawfully entered into between an owner or operator of a 
     facility and an affected local government that contains an 
     authorization to receive out-of-State municipal solid waste.
       ``(8) Municipal solid waste.--
       ``(A) In general.--The term `municipal solid waste' means--
       ``(i) material discarded for disposal by--

       ``(I) households (including single and multifamily 
     residences); and
       ``(II) public lodgings such as hotels and motels; and

       ``(ii) material discarded for disposal that was generated 
     by commercial, institutional, and industrial sources, to the 
     extent that the material--

       ``(I) is essentially the same as material described in 
     clause (i); or
       ``(II) is collected and disposed of with material described 
     in clause (i) as part of a normal municipal solid waste 
     collection service.

       ``(B) Inclusions.--The term `municipal solid waste' 
     includes--
       ``(i) appliances;
       ``(ii) clothing;
       ``(iii) consumer product packaging;
       ``(iv) cosmetics;
       ``(v) disposable diapers;
       ``(vi) food containers made of glass or metal;
       ``(vii) food waste;
       ``(viii) household hazardous waste;
       ``(ix) office supplies;
       ``(x) paper; and
       ``(xi) yard waste.
       ``(C) Exclusions.--The term `municipal solid waste' does 
     not include--
       ``(i) solid waste identified or listed as a hazardous waste 
     under section 3001, except for household hazardous waste;
       ``(ii) solid waste resulting from--

       ``(I) a response action taken under section 104 or 106 of 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act (42 U.S.C. 9604, 9606);
       ``(II) a response action taken under a State law with 
     authorities comparable to the authorities contained in either 
     of those sections; or
       ``(III) a corrective action taken under this Act;

       ``(iii) recyclable material--

       ``(I) that has been separated, at the source of the 
     material, from waste destined for disposal; or
       ``(II) that has been managed separately from waste destined 
     for disposal, including scrap rubber to be used as a fuel 
     source;

       ``(iv) a material or product returned from a dispenser or 
     distributor to the manufacturer or an agent of the 
     manufacturer for credit, evaluation, and possible potential 
     reuse;
       ``(v) solid waste that is--

       ``(I) generated by an industrial facility; and
       ``(II) transported for the purpose of treatment, storage, 
     or disposal to a facility (which facility is in compliance 
     with applicable State and local land use and zoning laws and 
     regulations) or facility unit--

       ``(aa) that is owned or operated by the generator of the 
     waste;
       ``(bb) that is located on property owned by the generator 
     of the waste or a company with which the generator is 
     affiliated; or
       ``(cc) the capacity of which is contractually dedicated 
     exclusively to a specific generator;
       ``(vi) medical waste that is segregated from or not mixed 
     with solid waste;
       ``(vii) sewage sludge or residuals from a sewage treatment 
     plant; or
       ``(viii) combustion ash generated by a resource recovery 
     facility or municipal incinerator.
       ``(9) New host community agreement.--The term `new host 
     community agreement' means a host community agreement entered 
     into on or after the date of enactment of this section.
       ``(10) Out-of-state municipal solid waste.--
       ``(A) In general.--The term `out-of-State municipal solid 
     waste', with respect to a State, means municipal solid waste 
     generated outside the State.
       ``(B) Inclusion.--The term `out-of-State municipal solid 
     waste' includes municipal solid waste generated outside the 
     United States.
       ``(11) Receive.--The term `receive' means receive for 
     disposal.
       ``(12) Recyclable material.--
       ``(A) In general.--The term `recyclable material' means a 
     material that may feasibly be used as a raw material or 
     feedstock in place of or in addition to, virgin material in 
     the manufacture of a usable material or product.
       ``(B) Virgin material.--In subparagraph (A), the term 
     `virgin material' includes petroleum.
       ``(b) Prohibition of Receipt for Disposal of Out-of-State 
     Waste.--No facility may receive for disposal out-of-State 
     municipal solid waste except as provided in subsections (c), 
     (d), and (e).
       ``(c) Existing Host Community Agreements.--
       ``(1) In general.--Subject to subsection (f), a facility 
     operating under an existing host

[[Page 4255]]

     community agreement may receive for disposal out-of-State 
     municipal solid waste if--
       ``(A) the owner or operator of the facility has complied 
     with paragraph (2); and
       ``(B) the owner or operator of the facility is in 
     compliance with all of the terms and conditions of the host 
     community agreement.
       ``(2) Public inspection of agreement.--Not later than 90 
     days after the date of enactment of this section, the owner 
     or operator of a facility described in paragraph (1) shall--
       ``(A) provide a copy of the existing host community 
     agreement to the State and affected local government; and
       ``(B) make a copy of the existing host community agreement 
     available for inspection by the public in the local 
     community.
       ``(d) New Host Community Agreements.--
       ``(1) In general.--Subject to subsection (f), a facility 
     operating under a new host community agreement may receive 
     for disposal out-of-State municipal solid waste if--
       ``(A) the agreement meets the requirements of paragraphs 
     (2) through (5); and
       ``(B) the owner or operator of the facility is in 
     compliance with all of the terms and conditions of the host 
     community agreement.
       ``(2) Requirements for authorization.--
       ``(A) In general.--Authorization to receive out-of-State 
     municipal solid waste under a new host community agreement 
     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 the terms of the new 
     host community agreement.
       ``(B) Specifications.--An authorization to receive out-of-
     State municipal solid waste shall specify terms and 
     conditions, including--
       ``(i) the quantity of out-of-State municipal solid waste 
     that the facility may receive; and
       ``(ii) the duration of the authorization.
       ``(3) Information.--Before seeking an authorization to 
     receive out-of-State municipal solid waste under a new host 
     community agreement, the owner or operator of the facility 
     seeking the authorization shall provide (and make readily 
     available to the State, each contiguous local government and 
     Indian tribe, and any other interested person for inspection 
     and copying) the following:
       ``(A) A brief description of the facility, including, with 
     respect to the facility and any planned expansion of the 
     facility, a description of--
       ``(i) the size of the facility;
       ``(ii) the ultimate municipal solid waste capacity of the 
     facility; and
       ``(iii) the anticipated monthly and yearly volume of out-
     of-State municipal solid waste to be received at the 
     facility.
       ``(B) A map of the facility site that indicates--
       ``(i) the location of the facility in relation to the local 
     road system;
       ``(ii) topographical and general hydrog-
     eological features;
       ``(iii) any buffer zones to be acquired by the owner or 
     operator; and
       ``(iv) all facility units.
       ``(C) A description of--
       ``(i) the environmental characteristics of the site, as of 
     the date of application for authorization;
       ``(ii) ground water use in the area, including 
     identification of private wells and public drinking water 
     sources; and
       ``(iii) alterations that may be necessitated by, or occur 
     as a result of, operation of the facility.
       ``(D) A description of--
       ``(i) environmental controls required to be used on the 
     site (under permit requirements), including--

       ``(I) run-on and run off management;
       ``(II) air pollution control devices;
       ``(III) source separation procedures;
       ``(IV) methane monitoring and control;
       ``(V) landfill covers;
       ``(VI) landfill liners or leachate collection systems; and
       ``(VII) monitoring programs; and

       ``(ii) any waste residuals (including leachate and ash) 
     that the facility will generate, and the planned management 
     of the residuals.
       ``(E) A description of site access controls to be employed 
     by the owner or operator and road improvements to be made by 
     the owner or operator, including an estimate of the timing 
     and extent of anticipated local truck traffic.
       ``(F) A list of all required Federal, State, and local 
     permits.
       ``(G) Estimates of the personnel requirements of the 
     facility, including--
       ``(i) information regarding the probable skill and 
     education levels required for job positions at the facility; 
     and
       ``(ii) to the extent practicable, a distinction between 
     preoperational and postoperational employment statistics of 
     the facility.
       ``(H) Any information that is required by State or Federal 
     law to be provided with respect to--
       ``(i) any violation of environmental law (including 
     regulations) by the owner or operator or any subsidiary of 
     the owner or operator;
       ``(ii) the disposition of any enforcement proceeding taken 
     with respect to the violation; and
       ``(iii) any corrective action and rehabilitation measures 
     taken as a result of the proceeding.
       ``(I) 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.
       ``(J) 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.
       ``(4) Advance notification.--Before taking formal action to 
     grant or deny authorization to receive out-of-State municipal 
     solid waste under a new host community agreement, an affected 
     local government shall--
       ``(A) notify the State, contiguous local governments, and 
     any contiguous Indian tribes;
       ``(B) publish notice of the proposed action in a newspaper 
     of general circulation at least 15 days before holding a 
     hearing under subparagraph (C), except where 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.
       ``(5) Subsequent notification.--Not later than 90 days 
     after an authorization to receive out-of-State municipal 
     solid waste is granted under a new host community agreement, 
     the affected local government shall give notice of the 
     authorization to--
       ``(A) the Governor;
       ``(B) contiguous local governments; and
       ``(C) any contiguous Indian tribes.
       ``(e) Receipt for Disposal of Out-of-State Municipal Solid 
     Waste by Facilities Not Subject to Host Community 
     Agreements.--
       ``(1) Permit.--
       ``(A) In general.--Subject to subsection (f), a facility 
     for which, before the date of enactment of this section, the 
     State issued a permit containing an authorization may receive 
     out-of-State municipal solid waste if--
       ``(i) not later than 90 days after the date of enactment of 
     this section, the owner or operator of the facility notifies 
     the affected local government of the existence of the permit; 
     and
       ``(ii) the owner or operator of the facility complies with 
     all of the terms and conditions of the permit after the date 
     of enactment of this section.
       ``(B) Denied or revoked permits.--A facility may not 
     receive out-of-State municipal solid waste under subparagraph 
     (A) if the operating permit for the facility (or any renewal 
     of the operating permit) was denied or revoked by the 
     appropriate State agency before the date of enactment of this 
     section unless the permit or renewal was granted, renewed, or 
     reinstated before that date.
       ``(2) Documented receipt during 1993.--
       ``(A) In general.--Subject to subsection (f), a facility 
     that, during 1993, received out-of-State municipal solid 
     waste may receive out-of-State municipal solid waste if the 
     owner or operator of the facility submits to the State and to 
     the affected local government documentation of the receipt of 
     out-of-State municipal solid waste during 1993, including 
     information about--
       ``(i) the date of receipt of the out-of-State municipal 
     solid waste;
       ``(ii) the volume of out-of-State municipal solid waste 
     received in 1993;
       ``(iii) the place of origin of the out-of-State municipal 
     solid waste received; and
       ``(iv) the type of out-of-State municipal solid waste 
     received.
       ``(B) False or misleading information.--Documentation 
     submitted under subparagraph (A) shall be made under penalty 
     of perjury under State law for the submission of false or 
     misleading information.
       ``(C) Availability of documentation.--The owner or operator 
     of a facility that receives out-of-State municipal solid 
     waste under subparagraph (A)--
       ``(i) shall make available for inspection by the public in 
     the local community a copy of the documentation submitted 
     under subparagraph (A); but
       ``(ii) may omit any proprietary information contained in 
     the documentation.
       ``(3) Bi-state metropolitan statistical areas.--
       ``(A) In general.--A facility in a State may receive out-
     of-State municipal solid waste if the out-of-State municipal 
     solid waste is generated in, and the facility is located in, 
     the same bi-State level A metropolitan statistical area (as 
     defined and listed by the Director of the Office of 
     Management and Budget as of the date of enactment of this 
     section) that contains 2 contiguous major cities, each of 
     which is in a different State.
       ``(B) Governor agreement.--A facility described in 
     subparagraph (A) may receive out-of-State municipal solid 
     waste only if the Governor of each State in the bi-State 
     metropolitan statistical area agrees that the facility may 
     receive out-of-State municipal solid waste.
       ``(f) Required Compliance.--A facility may not receive out-
     of-State municipal solid waste under subsection (c), (d), or 
     (e) at any time at which the State has determined that--
       ``(1) the facility is not in compliance with applicable 
     Federal and State laws (including regulations) relating to--

[[Page 4256]]

       ``(A) facility design and operation; and
       ``(B)(i) in the case of a landfill--
       ``(I) facility location standards;
       ``(II) leachate collection standards;
       ``(III) ground water monitoring standards; and
       ``(IV) standards for financial assurance and for closure, 
     postclosure, and corrective action; and
       ``(ii) in the case of an incinerator, the applicable 
     requirements of section 129 of the Clean Air Act (42 U.S.C. 
     7429); and
       ``(2) the noncompliance constitutes a threat to human 
     health or the environment.
       ``(g) Authority To Limit Receipt of Out-of-State Municipal 
     Solid Waste.--
       ``(1) Limits on quantity of waste received.--
       ``(A) Limit for all facilities in the state.--
       ``(i) In general.--A State may limit the quantity of out-
     of-State municipal solid waste received annually at each 
     facility in the State to the quantity described in paragraph 
     (2).
       ``(ii) No conflict.--

       ``(I) In general.--A limit under clause (i) shall not 
     conflict with--

       ``(aa) an authorization to receive out-of-State municipal 
     solid waste contained in a permit; or
       ``(bb) a host community agreement entered into between the 
     owner or operator of a facility and the affected local 
     government.

       ``(II) Conflict.--A limit shall be treated as conflicting 
     with a permit or host community agreement if the permit or 
     host community agreement establishes a higher limit, or if 
     the permit or host community agreement does not establish a 
     limit, on the quantity of out-of-State municipal solid waste 
     that may be received annually at the facility.

       ``(B) Limit for particular facilities.--
       ``(i) In general.--An affected local government that has 
     not executed a host community agreement with a particular 
     facility may limit the quantity of out-of-State municipal 
     solid waste received annually at the facility to the quantity 
     specified in paragraph (2).
       ``(ii) No conflict.--A limit under clause (i) shall not 
     conflict with an authorization to receive out-of-State 
     municipal solid waste contained in a permit.
       ``(C) Effect on other laws.--Nothing in this subsection 
     supersedes any State law relating to contracts.
       ``(2) Limit on quantity.--
       ``(A) In general.--For any facility that commenced 
     receiving documented out-of-State municipal solid waste 
     before the date of enactment of this section, the quantity 
     referred to in paragraph (1) for any year shall be equal to 
     the quantity of out-of-State municipal solid waste received 
     at the facility during calendar year 1993.
       ``(B) Documentation.--
       ``(i) Contents.--Documentation submitted under subparagraph 
     (A) shall include information about--

       ``(I) the date of receipt of the out-of-State municipal 
     solid waste;
       ``(II) the volume of out-of-State municipal solid waste 
     received in 1993;
       ``(III) the place of origin of the out-of-State municipal 
     solid waste received; and
       ``(IV) the type of out-of-State municipal solid waste 
     received.

       ``(ii) False or misleading information.--Documentation 
     submitted under subparagraph (A) shall be made under penalty 
     of perjury under State law for the submission of false or 
     misleading information.
       ``(3) No discrimination.--In establishing a limit under 
     this subsection, a State shall act in a manner that does not 
     discriminate against any shipment of out-of-State municipal 
     solid waste on the basis of State of origin.
       ``(h) Authority To Limit Receipt of Out-of-State Municipal 
     Solid Waste to Declining Percentages of Quantities Received 
     During 1993.--
       ``(1) In general.--A State in which facilities received 
     more than 650,000 tons of out-of-State municipal solid waste 
     in calendar year 1993 may establish a limit on the quantity 
     of out-of-State municipal solid waste that may be received at 
     all facilities in the State described in subsection (e)(2) in 
     the following quantities:
       ``(A) In calendar year 2004, 95 percent of the quantity 
     received in calendar year 1993.
       ``(B) In each of calendar years 2005 through 2008, 95 
     percent of the quantity received in the previous year.
       ``(C) In each calendar year after calendar year 2008, 65 
     percent of the quantity received in calendar year 1993.
       ``(2) Uniform applicability.--A limit under paragraph (1) 
     shall apply uniformly--
       ``(A) to the quantity of out-of-State municipal solid waste 
     that may be received at all facilities in the State that 
     received out-of-State municipal solid waste in calendar year 
     1993; and
       ``(B) for each facility described in clause (i), to the 
     quantity of out-of-State municipal solid waste that may be 
     received from each State that generated out-of-State 
     municipal solid waste received at the facility in calendar 
     year 1993.
       ``(3) Notice.--Not later than 90 days before establishing a 
     limit under paragraph (1), a State shall provide notice of 
     the proposed limit to each State from which municipal solid 
     waste was received in calendar year 1993.
       ``(4) Alternative authorities.--If a State exercises 
     authority under this subsection, the State may not thereafter 
     exercise authority under subsection (g).
       ``(i)  Cost Recovery Surcharge.--
       ``(1)  Definitions.--In this subsection:
       ``(A) Cost.--The term `cost' means a cost incurred by the 
     State for the implementation of State laws governing the 
     processing, combustion, or disposal of municipal solid waste, 
     limited to--
       ``(i) the issuance of new permits and renewal of or 
     modification of permits;
       ``(ii) inspection and compliance monitoring;
       ``(iii) enforcement; and
       ``(iv) costs associated with technical assistance, data 
     management, and collection of fees.
       ``(B) Processing.--The term `processing' means any activity 
     to reduce the volume of municipal solid waste or alter the 
     chemical, biological or physical state of municipal solid 
     waste, through processes such as thermal treatment, bailing, 
     composting, crushing, shredding, separation, or compaction.
       ``(2) Authority.--A State may authorize, 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.
       ``(3)  Amount of surcharge.--The amount of a cost recovery 
     surcharge--
       ``(A) may be no greater than the amount necessary to 
     recover those costs determined in conformance with paragraph 
     (5); and
       ``(B) in no event may exceed $3.00 per ton of waste.
       ``(4)  Use of surcharge collected.--All cost recovery 
     surcharges collected by a State under this subsection shall 
     be used to fund solid waste management programs, administered 
     by the State or a political subdivision of the State, that 
     incur costs for which the surcharge is collected.
       ``(5)  Conditions.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), a 
     State 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 subparagraph (A) 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) Prohibition of surcharge.--In no event shall a cost 
     recovery surcharge be imposed by a State to the extent that--
       ``(i) the cost for which recovery is sought is otherwise 
     paid, recovered, or offset by any other fee or tax paid to 
     the State or a political subdivision of the State; or
       ``(ii) to the extent that the amount of the surcharge is 
     offset by voluntary payments to a State or a political 
     subdivision of the State, in connection with the generation, 
     transportation, treatment, processing, or disposal of solid 
     waste.
       ``(C) Subsidy; non-discrimination.--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).
       ``(j) Implementation and Enforcement.--A State may adopt 
     such laws (including regulations), not inconsistent with this 
     section, as are appropriate to implement and enforce this 
     section, including provisions for penalties.
       ``(k) Annual State Report.--
       ``(1) Facilities.--On February 1, 2004, and on February 1 
     of each subsequent year, the owner or operator of each 
     facility that receives out-of-State municipal solid waste 
     shall submit to the State information specifying--
       ``(A) the quantity of out-of-State municipal solid waste 
     received during the preceding calendar year; and
       ``(B) the State of origin of the out-of-State municipal 
     solid waste received during the preceding calendar year.
       ``(2) Transfer stations.--
       ``(A) Definition of receive for transfer.--In this 
     paragraph, the term `receive for transfer' means receive for 
     temporary storage pending transfer to another State or 
     facility.
       ``(B) Report.--On February 1, 2004, and on February 1 of 
     each subsequent year, the owner or operator of each transfer 
     station that receives for transfer out-of-State municipal 
     solid waste shall submit to the State a report describing--
       ``(i) the quantity of out-of-State municipal solid waste 
     received for transfer during the preceding calendar year;
       ``(ii) each State of origin of the out-of-State municipal 
     solid waste received for transfer during the preceding 
     calendar year; and
       ``(iii) each State of destination of the out-of-State 
     municipal solid waste transferred from the transfer station 
     during the preceding calendar year.
       ``(3) No preclusion of state requirements.--The 
     requirements of paragraphs (1) and (2) do not preclude any 
     State requirement for more frequent reporting.

[[Page 4257]]

       ``(4) False or misleading information.--Documentation 
     submitted under paragraphs (1) and (2) shall be made under 
     penalty of perjury under State law for the submission of 
     false or misleading information.
       ``(5) Report.--On March 1, 2004, and on March 1 of each 
     year thereafter, each State to which information is submitted 
     under paragraphs (1) and (2) shall publish and make available 
     to the public a report containing information on the quantity 
     of out-of-State municipal solid waste received for disposal 
     and received for transfer in the State during the preceding 
     calendar year.''.
       (b) Conforming Amendment.--The table of contents of the 
     Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by 
     adding after the item relating to section 4010 the following:

``Sec. 4011. Authority to prohibit or limit receipt of out-of-State 
              municipal solid waste at existing facilities.''.

     SEC. 3. AUTHORITY TO DENY PERMITS FOR OR IMPOSE PERCENTAGE 
                   LIMITS ON RECEIPT OF OUT-OF-STATE MUNICIPAL 
                   SOLID WASTE AT NEW FACILITIES.

       (a) Amendment.--Subtitle D of the Solid Waste Disposal Act 
     (42 U.S.C. 6941 et seq.) (as amended by section 2(a)), is 
     amended by adding after section 4011 the following:

     ``SEC. 4012. AUTHORITY TO DENY PERMITS FOR OR IMPOSE 
                   PERCENTAGE LIMITS ON RECEIPT OF OUT-OF-STATE 
                   MUNICIPAL SOLID WASTE AT NEW FACILITIES.

       ``(a) Definitions.--In this section:
       ``(1) Terms defined in section 4011.--The terms 
     `authorization to receive out-of-State municipal solid 
     waste', `disposal', `existing host community agreement', 
     `host community agreement', `municipal solid waste', `out-of-
     State municipal solid waste', and `receive' have the meaning 
     given those terms, respectively, in section 4011.
       ``(2) Other terms.--The term `facility' means a landfill, 
     incinerator, or other enterprise that receives out-of-State 
     municipal solid waste on or after the date of enactment of 
     this section.
       ``(b) Authority To Deny Permits or Impose Percentage 
     Limits.--
       ``(1) Alternative authorities.--In any calendar year, a 
     State may exercise the authority under either paragraph (2) 
     or paragraph (3), but may not exercise the authority under 
     both paragraphs (2) and (3).
       ``(2) Authority to deny permits.--A State may deny a permit 
     for the construction or operation of or a major modification 
     to a facility if--
       ``(A) the State has approved a State or local comprehensive 
     municipal solid waste management plan developed under Federal 
     or State law; and
       ``(B) the denial is based on a determination, under a State 
     law authorizing the denial, that there is not a local or 
     regional need for the facility in the State.
       ``(3) Authority to impose percentage limit.--A State may 
     provide by law that a State permit for the construction, 
     operation, or expansion of a facility shall include the 
     requirement that not more than a specified percentage (which 
     shall be not less than 20 percent) of the total quantity of 
     municipal solid waste received annually at the facility shall 
     be out-of-State municipal solid waste.
       ``(c) New Host Community Agreements.--
       ``(1) In general.--Notwithstanding subsection (b)(3), a 
     facility operating under an existing host community agreement 
     that contains an authorization to receive out-of-State 
     municipal solid waste in a specific quantity annually may 
     receive that quantity.
       ``(2) No effect on state permit denial.--Nothing in 
     paragraph (1) authorizes a facility described in that 
     paragraph to receive out-of-State municipal solid waste if 
     the State has denied a permit to the facility under 
     subsection (b)(2).
       ``(d) Uniform and Nondiscriminatory Application.--A law 
     under subsection (b) or (c)--
       ``(1) shall be applicable throughout the State;
       ``(2) shall not directly or indirectly discriminate against 
     any particular facility; and
       ``(3) shall not directly or indirectly discriminate against 
     any shipment of out-of-State municipal solid waste on the 
     basis of place of origin.''.
       (b) Conforming Amendment.--The table of contents in section 
     1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) 
     (as amended by section 1(b)) is amended by adding at the end 
     of the items relating to subtitle D the following:

``Sec. 4012. Authority to deny permits for or impose percentage limits 
              on new facilities.''.

     SEC. 4. CONSTRUCTION AND DEMOLITION WASTE.

       (a) Amendment.--Subtitle D of the Solid Waste Disposal Act 
     (42 U.S.C. 6941 et seq.) (as amended by section 3(a)), is 
     amended by adding after section 4012 the following:

     ``SEC. 4013. CONSTRUCTION AND DEMOLITION WASTE.

       ``(a) Definitions.--In this section:
       ``(1) Terms defined in section 4011.--The terms `affected 
     local government', `Governor', and `receive' have the 
     meanings given those terms, respectively, in section 4011.
       ``(2) Other terms.--
       ``(A) Base year quantity.--The term `base year quantity' 
     means--
       ``(i) the annual quantity of out-of-State construction and 
     demolition debris received at a State in calendar year 2004, 
     as determined under subsection (c)(2)(B)(i); or
       ``(ii) in the case of an expedited implementation under 
     subsection (c)(5), the annual quantity of out-of-State 
     construction and demolition debris received in a State in 
     calendar year 2003.
       ``(B) Construction and demolition waste.--
       ``(i) In general.--The term `construction and demolition 
     waste' means debris resulting from the construction, 
     renovation, repair, or demolition of or similar work on a 
     structure.
       ``(ii) Exclusions.--The term `construction and demolition 
     waste' does not include debris that--

       ``(I) is commingled with municipal solid waste; or
       ``(II) is contaminated, as determined under subsection (b).

       ``(C) Facility.--The term `facility' means any enterprise 
     that receives construction and demolition waste on or after 
     the date of enactment of this section, including landfills.
       ``(D) Out-of-state construction and demolition waste.--The 
     term `out-of-State construction and demolition waste' means--
       ``(i) with respect to any State, construction and 
     demolition debris generated outside the State; and
       ``(ii) construction and demolition debris generated outside 
     the United States, unless the President determines that 
     treatment of the construction and demolition debris as out-
     of-State construction and demolition waste under this section 
     would be inconsistent with the North American Free Trade 
     Agreement or the Uruguay Round Agreements (as defined in 
     section 2 of the Uruguay Round Agreements Act (19 U.S.C. 
     3501)).
       ``(b) Contaminated Construction and Demolition Debris.--
       ``(1) In general.--For the purpose of determining whether 
     debris is contaminated, the generator of the debris shall 
     conduct representative sampling and analysis of the debris.
       ``(2) Submission of results.--Unless not required by the 
     affected local government, the results of the sampling and 
     analysis under paragraph (1) shall be submitted to the 
     affected local government for recordkeeping purposes only.
       ``(3) Disposal of contaminated debris.--Any debris 
     described in subsection (a)(2)(B)(i) that is determined to be 
     contaminated shall be disposed of in a landfill that meets 
     the requirements of this Act.
       ``(c) Limit on Construction and Demolition Waste.--
       ``(1) In general.--A State may establish a limit on the 
     annual amount of out-of-State construction and demolition 
     waste that may be received at landfills in the State.
       ``(2) Required action by the state.--A State that seeks to 
     limit the receipt of out-of-State construction and demolition 
     waste received under this section shall--
       ``(A) not later than January 1, 2004, establish and 
     implement reporting requirements to determine the quantity of 
     construction and demolition waste that is--
       ``(i) disposed of in the State; and
       ``(ii) imported into the State; and
       ``(B) not later than March 1, 2005--
       ``(i) establish the annual quantity of out-of-State 
     construction and demolition waste received during calendar 
     year 2004; and
       ``(ii) report the tonnage received during calendar year 
     2004 to the Governor of each exporting State.
       ``(3) Reporting by facilities.--
       ``(A) In general.--Each facility that receives out-of-State 
     construction and demolition debris shall report to the State 
     in which the facility is located the quantity and State of 
     origin of out-of-State construction and demolition debris 
     received--
       ``(i) in calendar year 2003, not later than February 1, 
     2004; and
       ``(ii) in each subsequent calendar year, not later than 
     February 1 of the calendar year following that year.
       ``(B) No preclusion of state requirements.--The requirement 
     of subparagraph (A) does not preclude any State requirement 
     for more frequent reporting.
       ``(C) Penalty.--Each submission under this paragraph shall 
     be made under penalty of perjury under State law.
       ``(4) Limit on debris received.--
       ``(A) Ratchet.--A State in which facilities receive out-of-
     State construction and demolition debris may decrease the 
     quantity of construction and demolition debris that may be 
     received at each facility to an annual percentage of the base 
     year quantity specified in subparagraph (B).
       ``(B) Reduced annual percentages.--A limit on out-of-State 
     construction and demolition debris imposed by a State under 
     subparagraph (A) shall be equal to--
       ``(i) in calendar year 2005, 95 percent of the base year 
     quantity;
       ``(ii) in calendar year 2006, 90 percent of the base year 
     quantity;
       ``(iii) in calendar year 2007, 85 percent of the base year 
     quantity;
       ``(iv) in calendar year 2008, 80 percent of the base year 
     quantity;

[[Page 4258]]

       ``(v) in calendar year 2009, 75 percent of the base year 
     quantity;
       ``(vi) in calendar year 2010, 70 percent of the base year 
     quantity;
       ``(vii) in calendar year 2011, 65 percent of the base year 
     quantity;
       ``(viii) in calendar year 2012, 60 percent of the base year 
     quantity;
       ``(ix) in calendar year 2013, 55 percent of the base year 
     quantity; and
       ``(x) in calendar year 2014 and in each subsequent year, 50 
     percent of the base year quantity.
       ``(5) Expedited implementation.--
       ``(A) Ratchet.--A State in which facilities receive out-of-
     State construction and demolition debris may decrease the 
     quantity of construction and demolition debris that may be 
     received at each facility to an annual percentage of the base 
     year quantity specified in subparagraph (B) if--
       ``(i) on the date of enactment of this section, the State 
     has determined the quantity of construction and demolition 
     waste received in the State in calendar year 2003; and
       ``(ii) the State complies with paragraphs (2) and (3).
       ``(B) Expedited reduced annual percentages.--An expedited 
     implementation of a limit on the receipt of out-of-State 
     construction and demolition debris imposed by a State under 
     subparagraph (A) shall be equal to--
       ``(i) in calendar year 2004, 95 percent of the base year 
     quantity;
       ``(ii) in calendar year 2005, 90 percent of the base year 
     quantity;
       ``(iii) in calendar year 2006, 85 percent of the base year 
     quantity;
       ``(iv) in calendar year 2007, 80 percent of the base year 
     quantity;
       ``(v) in calendar year 2008, 75 percent of the base year 
     quantity;
       ``(vi) in calendar year 2009, 70 percent of the base year 
     quantity;
       ``(vii) in calendar year 2010, 65 percent of the base year 
     quantity;
       ``(viii) in calendar year 2011, 60 percent of the base year 
     quantity;
       ``(ix) in calendar year 2012, 55 percent of the base year 
     quantity; and
       ``(x) in calendar year 2013 and in each subsequent year, 50 
     percent of the base year quantity.''.
       (b) Conforming Amendment.--The table of contents in section 
     1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) 
     (as amended by section 3(b)), is amended by adding at the end 
     of the items relating to subtitle D the following:

``Sec. 4013. Construction and demolition debris.''.

     SEC. 5. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL 
                   MUNICIPAL SOLID WASTE FLOW CONTROL.

       (a) Amendment of Subtitle D.--Subtitle D of the Solid Waste 
     Disposal Act (42 U.S.C. 6941 et seq.) (as amended by section 
     4(a)) is amended by adding after section 4013 the following:

     ``SEC. 4014. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL 
                   GOVERNMENT CONTROL OVER MOVEMENT OF MUNICIPAL 
                   SOLID WASTE AND RECYCLABLE MATERIALS.

       ``(a) Flow Control Authority for Facilities Previously 
     Designated.--Any State or political subdivision thereof is 
     authorized to exercise flow control authority to direct the 
     movement of municipal solid waste and recyclable materials 
     voluntarily relinquished by the owner or generator thereof to 
     particular waste management facilities, or facilities for 
     recyclable materials, designated as of the suspension date, 
     if each of the following conditions are met:
       ``(1) The waste and recyclable materials are generated 
     within the jurisdictional boundaries of such State or 
     political subdivision, as such jurisdiction was in effect on 
     the suspension date.
       ``(2) Such flow control authority is imposed through the 
     adoption or execution of a law, ordinance, regulation, 
     resolution, or other legally binding provision or official 
     act of the State or political subdivision that--
       ``(A) was in effect on the suspension date;
       ``(B) was in effect prior to the issuance of an injunction 
     or other order by a court based on a ruling that such law, 
     ordinance, regulation, resolution, or other legally binding 
     provision or official act violated the Commerce Clause of the 
     United States Constitution; or
       ``(C) was in effect immediately prior to suspension or 
     partial suspension thereof by legislative or official 
     administrative action of the State or political subdivision 
     expressly because of the existence of an injunction or other 
     court order of the type described in subparagraph (B) issued 
     by a court of competent jurisdiction.
       ``(3) The State or a political subdivision thereof has, for 
     one or more of such designated facilities--
       ``(A) on or before the suspension date, presented eligible 
     bonds for sale;
       ``(B) on or before the suspension date, issued a written 
     public declaration or regulation stating that bonds would be 
     issued and held hearings regarding such issuance, and 
     subsequently presented eligible bonds for sale within 180 
     days of the declaration or regulation; or
       ``(C) on or before the suspension date, executed a legally 
     binding contract or agreement that--
       ``(i) was in effect as of the suspension date;
       ``(ii) obligates the delivery of a minimum quantity of 
     municipal solid waste or recyclable materials to one or more 
     such designated waste management facilities or facilities for 
     recyclable materials; and
       ``(iii) either--

       ``(I) obligates the State or political subdivision to pay 
     for that minimum quantity of waste or recyclable materials 
     even if the stated minimum quantity of such waste or 
     recyclable materials is not delivered within a required 
     timeframe; or
       ``(II) otherwise imposes liability for damages resulting 
     from such failure.

       ``(b) Waste Stream Subject to Flow Control.--Subsection (a) 
     authorizes only the exercise of flow control authority with 
     respect to the flow to any designated facility of the 
     specific classes or categories of municipal solid waste and 
     voluntarily relinquished recyclable materials to which such 
     flow control authority was applicable on the suspension date 
     and--
       ``(1) in the case of any designated waste management 
     facility or facility for recyclable materials that was in 
     operation as of the suspension date, only if the facility 
     concerned received municipal solid waste or recyclable 
     materials in those classes or categories on or before the 
     suspension date; and
       ``(2) in the case of any designated waste management 
     facility or facility for recyclable materials that was not 
     yet in operation as of the suspension date, only of the 
     classes or categories that were clearly identified by the 
     State or political subdivision as of the suspension date to 
     be flow controlled to such facility.
       ``(c) Duration of Flow Control Authority.--Flow control 
     authority may be exercised pursuant to this section with 
     respect to any facility or facilities only until the later of 
     the following:
       ``(1) The final maturity date of the bond referred to in 
     subsection (a)(3)(A) or (B).
       ``(2) The expiration date of the contract or agreement 
     referred to in subsection (a)(3)(C).
       ``(3) The adjusted expiration date of a bond issued for a 
     qualified environmental retrofit.
     The dates referred to in paragraphs (1) and (2) shall be 
     determined based upon the terms and provisions of the bond or 
     contract or agreement. In the case of a contract or agreement 
     described in subsection (a)(3)(C) that has no specified 
     expiration date, for purposes of paragraph (2) of this 
     subsection the expiration date shall be the first date that 
     the State or political subdivision that is a party to the 
     contract or agreement can withdraw from its responsibilities 
     under the contract or agreement without being in default 
     thereunder and without substantial penalty or other 
     substantial legal sanction. The expiration date of a contract 
     or agreement referred to in subsection (a)(3)(C) shall be 
     deemed to occur at the end of the period of an extension 
     exercised during the term of the original contract or 
     agreement, if the duration of that extension was specified by 
     such contract or agreement as in effect on the suspension 
     date.
       ``(d) Indemnification for Certain Transportation.--
     Notwithstanding any other provision of this section, no State 
     or political subdivision may require any person to transport 
     municipal solid waste or recyclable materials, or to deliver 
     such waste or materials for transportation, to any active 
     portion of a municipal solid waste landfill unit if 
     contamination of such active portion is a basis for listing 
     of the municipal solid waste landfill unit on the National 
     Priorities List established under the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 unless such State or political subdivision or the owner 
     or operator of such landfill unit has indemnified that person 
     against all liability under that Act with respect to such 
     waste or materials.
       ``(e) Ownership of Recyclable Materials.--Nothing in this 
     section shall authorize any State or political subdivision to 
     require any person to sell or transfer any recyclable 
     materials to such State or political subdivision.
       ``(f) Limitation on Revenue.--A State or political 
     subdivision may exercise the flow control authority granted 
     in this section only if the State or political subdivision 
     limits the use of any of the revenues it derives from the 
     exercise of such authority to the payment of one or more of 
     the following:
       ``(1) Principal and interest on any eligible bond.
       ``(2) Principal and interest on a bond issued for a 
     qualified environmental retrofit.
       ``(3) Payments required by the terms of a contract referred 
     to in subsection (a)(3)(C).
       ``(4) Other expenses necessary for the operation and 
     maintenance and closure of designated facilities and other 
     integral facilities identified by the bond necessary for the 
     operation and maintenance of such designated facilities.
       ``(5) To the extent not covered by paragraphs (1) through 
     (4), expenses for recycling, composting, and household 
     hazardous waste activities in which the State or political 
     subdivision was engaged before the suspension date. The 
     amount and nature of payments described in this paragraph 
     shall be fully disclosed to the public annually.
       ``(g) Interim Contracts.--A contract of the type referred 
     to in subsection (a)(3)(C) that was entered into during the 
     period--

[[Page 4259]]

       ``(1) before November 10, 1995, and after the effective 
     date of any applicable final court order no longer subject to 
     judicial review specifically invalidating the flow control 
     authority of the applicable State or political subdivision; 
     or
       ``(2) after the applicable State or political subdivision 
     refrained pursuant to legislative or official administrative 
     action from enforcing flow control authority expressly 
     because of the existence of a court order of the type 
     described in subsection (a)(2)(B) issued by a court of the 
     same State or the Federal judicial circuit within which such 
     State is located and before the effective date on which it 
     resumes enforcement of flow control authority after enactment 
     of this section,
     shall be fully enforceable in accordance with State law.
       ``(h) Areas With Pre-1984 Flow Control.--
       ``(1) General authority.--A State that on or before January 
     1, 1984--
       ``(A) adopted regulations under a State law that required 
     or directed transportation, management, or disposal of 
     municipal solid waste from residential, commercial, 
     institutional, or industrial sources (as defined under State 
     law) to specifically identified waste management facilities, 
     and applied those regulations to every political subdivision 
     of the State; and
       ``(B) subjected such waste management facilities to the 
     jurisdiction of a State public utilities commission,
     may exercise flow control authority over municipal solid 
     waste in accordance with the other provisions of this 
     section.
       ``(2) Additional flow control authority.--A State or any 
     political subdivision of a State that meets the requirements 
     of paragraph (1) may exercise flow control authority over all 
     classes and categories of municipal solid waste that were 
     subject to flow control by that State or political 
     subdivision on May 16, 1994, by directing municipal solid 
     waste from any waste management facility that was designated 
     as of May 16, 1994 to any other waste management facility in 
     the State without regard to whether the political subdivision 
     in which the municipal solid waste is generated had 
     designated the particular waste management facility or had 
     issued a bond or entered into a contact referred to in 
     subparagraph (A) or (B) of subsection (a)(3), respectively.
       ``(3) Duration of authority.--The authority to direct 
     municipal solid waste to any facility pursuant to this 
     subsection shall terminate with regard to such facility in 
     accordance with subsection (c).
       ``(i) Effect on Authority of States and Political 
     Subdivisions.--Nothing in this section shall be interpreted--
       ``(1) to authorize a political subdivision to exercise the 
     flow control authority granted by this section in a manner 
     inconsistent with State law;
       ``(2) to permit the exercise of flow control authority over 
     municipal solid waste and recyclable materials to an extent 
     greater than the maximum volume authorized by State permit to 
     be disposed at the waste management facility or processed at 
     the facility for recyclable materials;
       ``(3) to limit the authority of any State or political 
     subdivision to place a condition on a franchise, license, or 
     contract for municipal solid waste or recyclable materials 
     collection, processing, or disposal; or
       ``(4) to impair in any manner the authority of any State or 
     political subdivision to adopt or enforce any law, ordinance, 
     regulation, or other legally binding provision or official 
     act relating to the movement or processing of municipal solid 
     waste or recyclable materials which does not constitute 
     discrimination against or an undue burden upon interstate 
     commerce.
       ``(j) Effective Date.--The provisions of this section shall 
     take effect with respect to the exercise by any State or 
     political subdivision of flow control authority on or after 
     the date of enactment of this section. Such provisions, other 
     than subsection (d), shall also apply to the exercise by any 
     State or political subdivision of flow control authority 
     before such date of enactment, except that nothing in this 
     section shall affect any final judgment that is no longer 
     subject to judicial review as of the date of enactment of 
     this section insofar as such judgment awarded damages based 
     on a finding that the exercise of flow control authority was 
     unconstitutional.
       ``(k) State Solid Waste District Authority.--In addition to 
     any other flow control authority authorized under this 
     section a solid waste district or a political subdivision of 
     a State may exercise flow control authority for a period of 
     20 years after the enactment of this section, for municipal 
     solid waste and for recyclable materials that is generated 
     within its jurisdiction if--
       ``(1) the solid waste district, or a political subdivision 
     within such district, is required through a recyclable 
     materials recycling program to meet a municipal solid waste 
     reduction goal of at least 30 percent by the year 2005, and 
     uses revenues generated by the exercise of flow control 
     authority strictly to implement programs to manage municipal 
     solid waste and recyclable materials, other than incineration 
     programs; and
       ``(2) prior to the suspension date, the solid waste 
     district, or a political subdivision within such 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, 1992) to exercise flow control authority, and 
     subsequently adopted or sought to exercise the authority 
     through a law, ordinance, regulation, regulatory proceeding, 
     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.
       ``(l) Special Rule for Certain Consortia.--For purposes of 
     this section, if--
       ``(1) two or more political subdivisions are members of a 
     consortium of political subdivisions established to exercise 
     flow control authority with respect to any waste management 
     facility or facility for recyclable materials;
       ``(2) all of such members have either presented eligible 
     bonds for sale or executed contracts with the owner or 
     operator of the facility requiring use of such facility;
       ``(3) the facility was designated as of the suspension date 
     by at least one of such members;
       ``(4) at least one of such members has met the requirements 
     of subsection (a)(2) with respect to such facility; and
       ``(5) at least one of such members has presented eligible 
     bonds for sale, or entered into a contract or agreement 
     referred to in subsection (a)(3)(C), on or before the 
     suspension date, for such facility,
     the facility shall be treated as having been designated, as 
     of May 16, 1994, by all members of such consortium, and all 
     such members shall be treated as meeting the requirements of 
     subsection (a)(2) and (3) with respect to such facility.
       ``(m) Recovery of Damages.--
       ``(1) Prohibition.--No damages, interest on damages, costs, 
     or attorneys' fees may be recovered in any claim against any 
     State or local government, or official or employee thereof, 
     based on the exercise of flow control authority on or before 
     May 16, 1994.
       ``(2) Applicability.--Paragraph (1) shall apply to cases 
     commenced on or after the date of enactment of the Municipal 
     Solid Waste Interstate Transportation and Local Authority Act 
     of 2003, and shall apply to cases commenced before such date 
     except cases in which a final judgment no longer subject to 
     judicial review has been rendered.
       ``(n) Definitions.--For the purposes of this section--
       ``(1) Adjusted expiration date.--The term `adjusted 
     expiration date' means, with respect to a bond issued for a 
     qualified environmental retrofit, the earlier of the final 
     maturity date of such bond or 15 years after the date of 
     issuance of such bond.
       ``(2) Bond issued for a qualified environmental retrofit.--
     The term `bond issued for a qualified environmental retrofit' 
     means a bond described in paragraph (4)(A) or (B), the 
     proceeds of which are dedicated to financing the retrofitting 
     of a resource recovery facility or a municipal solid waste 
     incinerator necessary to comply with section 129 of the Clean 
     Air Act, provided that such bond is presented for sale before 
     the expiration date of the bond or contract referred to in 
     subsection (a)(3)(A), (B), or (C) that is applicable to such 
     facility and no later than December 31, 1999.
       ``(3) Designated.--The term `designated' means identified 
     by a State or political subdivision for receipt of all or any 
     portion of the municipal solid waste or recyclable materials 
     that is generated within the boundaries of the State or 
     political subdivision. Such designation includes designation 
     through--
       ``(A) bond covenants, official statements, or other 
     official financing documents issued by a State or political 
     subdivision issuing an eligible bond; and
       ``(B) the execution of a contract of the type described in 
     subsection (a)(3)(C),
     in which one or more specific waste management facilities are 
     identified as the requisite facility or facilities for 
     receipt of municipal solid waste or recyclable materials 
     generated within the jurisdictional boundaries of that State 
     or political subdivision.
       ``(4) Eligible bond.--The term `eligible bond' means--
       ``(A) a revenue bond or similar instrument of indebtedness 
     pledging payment to the bondholder or holder of the debt of 
     identified revenues; or
       ``(B) a general obligation bond,
     the proceeds of which are used to finance one or more 
     designated waste management facilities, facilities for 
     recyclable materials, or specifically and directly related 
     assets, development costs, or finance costs, as evidenced by 
     the bond documents.
       ``(5) Flow control authority.--The term `flow control 
     authority' means the regulatory authority to control the 
     movement of municipal solid waste or voluntarily relinquished 
     recyclable materials and direct such solid waste or 
     recyclable materials to one or more designated waste 
     management facilities or facilities for recyclable materials

[[Page 4260]]

     within the boundaries of a State or political subdivision.
       ``(6) Municipal solid waste.--The term `municipal solid 
     waste' has the meaning given that term in section 4011, 
     except that such term--
       ``(A) includes waste material removed from a septic tank, 
     septage pit, or cesspool (other than from portable toilets); 
     and
       ``(B) does not include--
       ``(i) any substance the treatment and disposal of which is 
     regulated under the Toxic Substances Control Act;
       ``(ii) waste generated during scrap processing and scrap 
     recycling; or
       ``(iii) construction and demolition debris, except where 
     the State or political subdivision had on or before January 
     1, 1989, issued eligible bonds secured pursuant to State or 
     local law requiring the delivery of construction and 
     demolition debris to a waste management facility designated 
     by such State or political subdivision.
       ``(7) Political subdivision.--The term `political 
     subdivision' means a city, town, borough, county, parish, 
     district, or public service authority or other public body 
     created by or pursuant to State law with authority to present 
     for sale an eligible bond or to exercise flow control 
     authority.
       ``(8) Recyclable materials.--The term `recyclable 
     materials' means any materials that have been separated from 
     waste otherwise destined for disposal (either at the source 
     of the waste or at processing facilities) or that have been 
     managed separately from waste destined for disposal, for the 
     purpose of recycling, reclamation, composting of organic 
     materials such as food and yard waste, or reuse (other than 
     for the purpose of incineration). Such term includes scrap 
     tires to be used in resource recovery.
       ``(9) Suspension date.--The term `suspension date' means, 
     with respect to a State or political subdivision--
       ``(A) May 16, 1994;
       ``(B) the date of an injunction or other court order 
     described in subsection (a)(2)(B) that was issued with 
     respect to that State or political subdivision; or
       ``(C) the date of a suspension or partial suspension 
     described in subsection (a)(2)(C) with respect to that State 
     or political subdivision.
       ``(10) Waste management facility.--The term `waste 
     management facility' means any facility for separating, 
     storing, transferring, treating, processing, combusting, or 
     disposing of municipal solid waste.''.
       (b) Table of Contents.--The table of contents in section 
     1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) 
     (as amended by section 4(b)), is amended by adding at the end 
     of the items relating to subtitle D the following:

``Sec. 4014. Congressional authorization of State and local government 
              control over movement of municipal solid waste and 
              recyclable materials.''.

     SEC. 6. EFFECT ON INTERSTATE COMMERCE.

       No action by a State or affected local government under an 
     amendment made by this Act shall be considered to impose an 
     undue burden on interstate commerce or to otherwise impair, 
     restrain, or discriminate against interstate commerce.
                                 ______
                                 
      By Mr. CRAIG:
  S. 432. A bill to authorize the Secretary of the Interior and the 
Secretary of Agriculture to conduct and support research into 
alternative treatments for timber produced from public lands and lands 
withdrawn from the public domain for the National Forest System, and 
for other purposes; to the Committee on Energy and Natural Resources.
  Mr. CRAIG. Mr. President, today I am introducing the Wood 
Preservation Safety Act of 2003 with my Idaho colleague Senator Crapo 
and our friend from Nevada, Mr. Ensign. If enacted, this legislation 
would authorize the Forest Products Laboratory of the US Forest Service 
to study the effectiveness of silver-based biocides as a wood 
preservative treatment. This legislation was also introduced in the 
107th Congress.
  According to silver experts and academics, silver biocides could 
serve as a viable, safe and cost effective alternative wood 
preservative. Given silver's long-standing role as an effective 
biocide, testing should be undertaken to determine silver's suitability 
as a wood preservative. Thus, I feel it is important to study and fully 
explore the potential of silver as a wood preservative.
  Mining has been an important part of Idaho's history since the late 
1800s. It became Idaho's first industry and remains a critical part of 
Idaho and the nation's economy. Mining in Idaho has supplied the nation 
with minerals necessary for today's modern lifestyle which many of us 
take for granted. In 1985, the mines of Idaho's Coeur d'Alene mining 
district produced their one billionth ounce of silver. The Sunshine 
Mine was America's richest silver mine, producing over 300 million 
ounces of silver, more than the entire output of Nevada's famous 
Comstock Lode. Silver contributes to our quality of life in many ways, 
and its use as a biocide in wood products is an important application 
that must be explored.
  I look forward to working with my colleagues to pass legislation that 
would create a comprehensive research program to test the viability of 
silver-based biocides for the treatment of wood products.

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