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‘‘(d) REPORTS.—(1) Not later than 6 years after the
date of the enactment of the Newsprint Recycling Incen-
tives Act, the Administrator shall submit to Congress an
interim report on the implementation of this section. The
report shall include, at a minimum—
‘‘(A) a discussion of the effects of the require-
ments of this section on the newsprint and news-
paper industry and on the environment; and
‘‘(B) an evaluation of the level of the recycling
percentage under subsection (b) and recommenda-
tions on whether, and at what rate, the percentage
should be increased in future years above the per-
centage applicable under subsection (b).
‘‘(2) Not later than 10 years after such date, the Ad-
ministrator shall submit to Congress a final report on the
implementation of this section. The report shall include
an updated version of the discussion and evaluation re-
quired in the interim report, as well as such other findings
and recommendations with respect to the implementation
of this section as the Administrator considers appropriate.
‘‘(e) APPLICABILITY.—This section applies to any
person who produces or imports more than 10 tons of
newsprint a year.
‘‘(f) REGULATIONS.—The Administrator shall pro-
mulgate regulations to implement this section not later
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than 18 months after the date of the enactment of the
Newsprint Recycling Incentives Act. If the Administrator
fails to promulgate such regulations by that date, the recy-
cling percentage under subsection (b) shall be 20 percent
until such time as the regulations are promulgated.
‘‘(g) CIVIL PENALTY.—
‘‘(1) Whoever violates this section shall be liable
to the United States for a civil penalty in an amount
not to exceed $2,500 for each such violation. Such
civil penalty shall be assessed by the Administrator
of the Environmental Protection Agency by an order
made on the record after opportunity for a hearing
in accordance with section 554 of title 5, United
States Code. Before issuing such an order, the Ad-
ministrator shall give written notice to the person to
be assessed a civil penalty and provide such person
an opportunity to request, within 15 days of the
date the notice is received by such person, a hearing
on the order.
‘‘(2) In determining the amount of a civil pen-
alty, the Administrator shall take into account the
nature, circumstances, extent, and gravity of the vio-
lation or violations and, with respect to the violator,
ability to pay, effect on ability to continue to do
business, any history of prior violations under this
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section, the degree of culpability, and such other
matters as justice may require.
‘‘(3) The Administrator may compromise, mod-
ify, or remit, with or without conditions, any civil
penalty which may be imposed under this subsection.
The amount of such penalty, when finally deter-
mined, or the amount agreed upon in compromise,
may be deducted from any sums owing by the
United States to the person charged.
‘‘(4) Any person who requested in accordance
with this subsection a hearing respecting the assess-
ment of a civil penalty and who is aggrieved by an
order assessing a civil penalty may file a petition for
judicial review of such order with the United States
Court of Appeals for the District of Columbia Cir-
cuit or for any other circuit in which such person re-
sides or transacts business. Such a petition may only
be filed within the 30-day period beginning on the
date the order making such assessment was issued.
‘‘(5) If any person fails to pay an assessment
of a civil penalty—
‘‘(A) after the order making the assess-
ment has become a final order and if such per-
son does not file a petition for judicial review
of the order in accordance with this section, or
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‘‘(B) after a court in an action brought
under this section has entered a final judgment
in favor of the Administrator,
the Attorney General shall recover the amount as-
sessed (plus interest at currently prevailing rates
from the date of the expiration of the 30-day period
referred to in paragraph (4) or the date of such final
judgment, as the case may be) in an action brought
in any appropriate district court of the United
States. In such an action, the validity, amount, and
appropriateness of such penalty shall not be subject
to review.
‘‘(h) HIGH GRADE PAPER RECYCLING.—(1) Not
later than three years after the date of the enactment of
the Newsprint Recycling Incentives Act, the Administrator
shall submit to Congress a plan, based on the experience
with the implementation of this section, for the recycling
of post-consumer high grade paper. The plan shall discuss
the desirability and feasibility, in terms of environmental
impacts resulting from reduced volume and economic im-
pacts, of requiring the recycling of such paper, and the
specific manner in which such recycling could be accom-
plished if the Administrator concludes that such recycling
is feasible. The plan also shall include an incentive-based
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method or methods for accomplishing the recycling, such
as a credit system (as established under subsection (c)).
‘‘(2) Not later than one year after the plan is submit-
ted under paragraph (1), the Administrator shall begin to
implement the plan. For purposes of implementing the
plan, the Administrator is authorized to carry out any of
the methods for accomplishing the recycling of the paper
that are included in the plan.
‘‘(3) For purposes of this subsection, the term ‘high
grade paper’, means printed or unprinted sheets, shavings,
guillotined books, quire waste, and cuttings of sulphite or
sulphate ledger, bond, and writing paper (and all other
papers which have a similar fiber and filler content).
(b) TECHNICAL AMENDMENT.—The table of contents
for subtitle D of the Solid Waste Disposal Act (contained
in section 1001 of such Act) is amended by adding at the
end thereof the following:
‘‘Sec. 4011. Newsprint recycling requirements.’’.
SEC. 5. AUTHORIZATION.
There is authorized to be appropriated to the Admin-
istrator 
of 
the 
Environmental 
Protection 
Agency
$1,200,000 to carry out section 4011 of the Solid Waste
Disposal Act (as added by section 3). Such funds shall
be used to hire the equivalent of at least six additional
full-time employees to carry out such provisions. Such
funds shall remain available until expended.