[Congressional Record Volume 149, Number 9 (Friday, January 17, 2003)]
[Senate]
[Pages S1145-S1153]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CORZINE (for himself, Mr. Jeffords, and Mr. Lieberman):
S. 194. A bill to amend the Clean Air Act to establish an inventory,
registry, and information system of United States greenhouse emissions
to inform the public and private sector concerning, and encourage
voluntary reductions in, greenhouse gas emissions; to the Committee on
Environment and Public Works.
Mr. CORZINE. Mr. President, I rise today to introduce a bill that
represents an important step towards the goal of addressing the threats
posed by global climate change. I am pleased to be joined on this bill
by Senator Jeffords and Senator Lieberman. They were cosponsors of this
legislation in the 107th Congress, they are recognized environmental
leaders in the Senate, and are long-standing, outspoken advocates for
taking action to mitigate climate change. I appreciate their help in
introducing this legislation today.
Climate change is a complex issue. Scientifically. Economically.
Politically. But complexity is no excuse for inattention or inaction.
Because the health and viability of the global ecosystems upon which we
all depend are at stake. And the time to act is now.
In 2001, the Intergovernmental Panel on Climate Change released its
Third Assessment Report. That report shows that climate change science
is increasingly clear and alarming. We know that human activities,
primarily fossil fuel combustion, have raised the atmospheric
concentration of carbon dioxide to the highest levels in the last
420,000 years. We know that the planet is warming, and that the balance
of the scientific evidence suggests that most of the recent warming can
be attributed to increased atmospheric greenhouse gas levels. We know
that without concerted action by the U.S. and other countries,
greenhouse gases will continue to increase.
These findings were echoed by a National Academy Sciences report
published later in 2001, which concluded that: ``Greenhouse gases are
accumulating in Earth's atmosphere as a result of human activities,
causing surface air temperatures and subsurface ocean temperatures to
rise. Temperatures are, in fact, rising. The changes observed over the
last several decades are likely mostly due to human activities, but we
cannot rule out that some significant part of these changes is also a
reflection of natural variability. . . . ``Despite the uncertainties,
there is general agreement that the observed warming is real and
particularly strong within the past 20 years.''
Climate science and climate modeling have improved. These models
predict warming under all scenarios that have been considered. Even the
smallest warming predicted by current models, 2.5 degrees Fahrenheit
over the next century, would represent the greatest rate of increase in
global mean surface temperature in the last 10,000 years.
If these trends continue, the results may be devastating. People in
my State of New Jersey treasure their Jersey Shore. With the exception
of the 50 mile northern border with New York, New Jersey is surrounded
by water. The State's Atlantic coastline stretches 127 miles. Fourteen
of 21 counties have estuarine or marine shorelines. Rising sea level is
already having adverse impacts, by exacerbating coastal erosion, and
causing inundation, flooding, and saline intrusions into ground water.
The NJ coastal area also supports one of New Jersey's largest
industries, tourism.
Sea level is rising more rapidly along the US coast than worldwide.
Studies by EPA and others have estimated that along the Gulf and
Atlantic coasts, a one-foot rise in the sea level is likely by 2050 and
could occur as soon as 2025. In the next century, a two-foot rise is
most likely but a four-foot rise is possible. The implications for New
Jersey and many other coastal States are potentially very significant.
I am concerned about this impact. And I am concerned about other
climate change impacts across New Jersey, the country and the globe.
The time for inaction and delay is over. We need to take steps today
to start dealing with this issue. This bill is a modest step. But I
think it's an important one, and it's one that I believe we should be
able to act on during the 108th Congress.
The main provisions of the bill establish a system that would require
companies to estimate and report their emissions of greenhouse gases,
and a place where companies can register greenhouse gas emissions
reductions. In addition, the bill would require an annual report on
U.S. greenhouse gas emissions. I'd like to go through each of these
components in more detail.
First, the bill requires EPA to work with the Secretaries of Energy,
Commerce and Agriculture, as well as the private sector and non-
governmental organizations to establish a greenhouse gas emission
information system. For the purposes of the bill, greenhouse gases are
carbon dioxide, methane, nitrous oxide, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride. EPA is directed to establish
threshold quantities for each of these gases. The threshold quantities
will trigger the requirement for a company to report to the system, and
are included to enable EPA to exclude most small businesses from the
reporting requirements.
Companies that emit more than a threshold quantity of each gas will
be required to report their emissions on an annual basis to EPA. The
requirements will be phased in, beginning with direct, stationary
source emissions in 2004. The following year, in 2005, companies
subject to the reporting requirements will need to submit to EPA
estimates of other types of greenhouse gas
[[Page S1146]]
emissions, such as process emissions, fugitive emissions, mobile source
emissions, forest product-sensor emissions, and indirect emissions from
heat and steam. By reporting to the system, companies will be able to
establish emissions baselines.
Perhaps more important than the reporting system is the greenhouse
gas registry established by the bill. The bill requires EPA a
greenhouse gas registry, which will enable companies to register
greenhouse gas reductions. Many companies are voluntarily implementing
projects to reduce emissions or sequester carbon. The registry would
establish a place for companies to be able to put these projects on
public record in a consistent and reliable way.
Taken together, these provisions of the bill will accomplish several
important goals. First, they will create a reliable inventory of the
sources of greenhouse gas emissions within our economy. But more
importantly, these provisions will provide a powerful incentive for
companies to continue to make voluntary greenhouse gas reductions. The
reason is that the greenhouse registry will be a place where companies
can register their greenhouse gas reductions in a consistent and
uniform way. This will enable companies to publicly verify the actions
they are taking to reduce their emissions. It also provides a place
where farmers, ranchers and foresters can register their carbon
sequestration projects. They can then trade these registered reductions
with any companies that might wish to purchase them. This had the
potential to create a new carbon market that our farmers can benefit
from.
Prior efforts to provide ``future credits'' in a registry bill have
run up against a Constitutional problem in that we cannot bind future
Congresses in legislation. So the bill does not provide such credits,
per se. But it does establish a robust and credible reporting system
and registry. And if companies register their reductions in a strong
registry, they will have as much assurance as we can provide them that
their reductions will be taken into account if a mandatory greenhouse
gas emission reduction program is enacted.
I believe that such a mandatory emissions reduction program will be
necessary, and I already support such a program, for example, Senator
Jeffords' Clean Power Act. I don't believe that a reporting and
registry system such as I am proposing is a substitute for such a
mandatory emissions reductions program. But a reporting and registry
system is a necessary component of any such program, and is a step that
Congress may be able to agree on now, despite differences of opinion
about whether mandatory emissions reductions are necessary at this
time. A greenhouse gas reporting system and registry is a step we ought
to take now, because it would provide a structure that encourages
companies to make voluntary reductions now. That's the main purpose of
the bill.
In addition, the bill requires EPA to annually publish a U.S.
greenhouse gas emissions inventory. This will be a national account of
greenhouse gas emissions for our nation, and will incorporate the
information submitted to the greenhouse gas information system and
registry. EPA has issued a similar report for several years now, and
this provision is intended to explicitly authorize and specify the
scope of that report going forward.
I want to add that I think that many of the emissions measurement
challenges have been worked out or are being worked out now. Many
advances have been made in recent years, often in a cooperative way,
with industry, environmental groups and governments at the table
working towards measurement protocols, such as the GHG Protocol
Initiative. It's my intent that in developing the systems and protocols
developed under this bill that EPA take advantage of the best practices
that have been and continue to be developed in this fashion.
I first introduced this bill in December 2001. Since that time, I
think it's fair to say that the Bush Administration has done literally
nothing of consequence to address the climate change threat. But I
think that there are many in industry who disagree with the Bush
policy. Last September 16, the Pew Center ran an ad in the Washington
Post that was signed by 40 major companies, including energy producers
such as American Electric Power, BP, Cinergy, Entergy, and Sunoco. In
that ad, these companies stated their support for policies to
``disclose major sources of greenhouse gas emissions and recognize
early action.'' In addition, ExxonMobil stated in their 2002 report,
``Corporate Citizenship in a Changing World,'' that they are ``working
with governments and industry associations to promote development of
procedures for mandatory reporting by all businesses, so that in the
future we can report emissions for activities we operate and also those
in which we share ownership with others.'' So there is a willingness on
the part of many major U.S. corporations to move to emissions
reporting. Congress needs to follow the leads of these companies.
I also want to note that I worked on a bipartisan greenhouse gas
registry and reporting bill with Senator Brownback last year. That bill
passed the Senate by voice vote as a Brownback-Corzine amendment to the
Senate energy bill. While it did not require reporting immediately, it
ensured robust participation in the reporting and registry system in
the near future through a trigger mechanism. And while I preferred a
mandatory system, and still do, I am primarily concerned with getting
results. And the Brownback-Corzine approach had the support of the full
Senate. So while I still prefer a mandatory system, as this bill would
create, I remain willing and open to work with Senator Brownback on an
alternative again in this Congress.
In closing, it's clear that it's up to Congress to lead on climate
change. I urge my colleagues to work with me this Congress to create a
credible greenhouse gas reporting and registry system that will
encourage voluntary reductions. 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. 194
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 ``National Greenhouse Gas
Emissions Inventory and Registry Act of 2003''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) human activities have caused rapid increases in
atmospheric concentrations of carbon dioxide and other
greenhouse gases in the last century;
(2) according to the Intergovernmental Panel on Climate
Change and the National Research Council--
(A) the Earth has warmed in the last century; and
(B) the majority of the observed warming is attributable to
human activities;
(3) despite the fact that many uncertainties in climate
science remain, the potential impacts from human-induced
climate change pose a substantial risk that should be managed
in a responsible manner; and
(4) to begin to manage climate change risks, public and
private entities will need a comprehensive, accurate
inventory, registry, and information system of the sources
and quantities of United States greenhouse gas emissions.
(b) Purpose.--The purpose of this Act is to establish a
mandatory greenhouse gas inventory, registry, and information
system that--
(1) is complete, consistent, transparent, and accurate;
(2) will create accurate data that can be used by public
and private entities to design efficient and effective
greenhouse gas emission reduction strategies;
(3) will encourage greenhouse gas emission reductions; and
(4) can be used to establish a baseline in the event of any
future greenhouse gas emission reduction requirements
affecting major emitters in the United States.
SEC. 3. GREENHOUSE GAS EMISSIONS.
The Clean Air Act (42 U.S.C. 1701 et seq.) is amended by
adding at the end the following:
``TITLE VII--GREENHOUSE GAS EMISSIONS
``SEC. 701. DEFINITIONS.
``In this title:
``(1) Covered entity.--The term `covered entity' means an
entity that emits more than a threshold quantity of
greenhouse gas emissions.
``(2) Direct emissions.--The term `direct emissions' means
greenhouse gas emissions from a source that is owned or
controlled by an entity.
``(3) Entity.--The term `entity' includes a firm, a
corporation, an association, a partnership, and a Federal
agency.
``(4) Greenhouse gas.--The term `greenhouse gas' means--
``(A) carbon dioxide;
``(B) methane;
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``(C) nitrous oxide;
``(D) hydrofluorocarbons;
``(E) perfluorocarbons; and
``(F) sulfur hexafluoride.
``(5) Greenhouse gas emissions.--The term `greenhouse gas
emissions' means emissions of a greenhouse gas, including--
``(A) stationary combustion source emissions, which are
emitted as a result of combustion of fuels in stationary
equipment such as boilers, furnaces, burners, turbines,
heaters, incinerators, engines, flares, and other similar
sources;
``(B) process emissions, which consist of emissions from
chemical or physical processes other than combustion;
``(C) fugitive emissions, which consist of intentional and
unintentional emissions from--
``(i) equipment leaks such as joints, seals, packing, and
gaskets; and
``(ii) piles, pits, cooling towers, and other similar
sources; and
``(D) mobile source emissions, which are emitted as a
result of combustion of fuels in transportation equipment
such as automobiles, trucks, trains, airplanes, and vessels.
``(6) Greenhouse gas emissions record.--The term
`greenhouse gas emissions record' means all of the historical
greenhouse gas emissions and project reduction data submitted
by an entity under this title, including any adjustments to
such data under section 704(c).
``(7) Greenhouse gas report.--The term `greenhouse gas
report' means an annual list of the greenhouse gas emissions
of an entity and the sources of those emissions.
``(8) Indirect emissions.--The term `indirect emissions'
means greenhouse gas emissions that are a consequence of the
activities of an entity but that are emitted from sources
owned or controlled by another entity.
``(9) National greenhouse gas emissions information
system.--The term `national greenhouse gas emissions
information system' means the information system established
under section 702(a).
``(10) National greenhouse gas emissions inventory.--The
term `national greenhouse gas emissions inventory' means the
national inventory of greenhouse gas emissions established
under section 705.
``(11) National greenhouse gas registry.--The term
`national greenhouse gas registry' means the national
greenhouse gas registry established under section 703(a).
``(12) Project reduction.--The term `project reduction'
means--
``(A) a greenhouse gas emission reduction achieved by
carrying out a greenhouse gas emission reduction project; and
``(B) sequestration achieved by carrying out a
sequestration project.
``(13) Reporting entity.--The term `reporting entity' means
an entity that reports to the Administrator under subsection
(a) or (b) of section 704.
``(14) Sequestration.--The term `sequestration' means the
long-term separation, isolation, or removal of greenhouse
gases from the atmosphere, including through a biological or
geologic method such as reforestation or an underground
reservoir.
``(15) Threshold quantity.--The term `threshold quantity'
means a threshold quantity for mandatory greenhouse gas
reporting established by the Administrator under section
704(a)(3).
``(16) Verification.--The term `verification' means the
objective and independent assessment of whether a greenhouse
gas report submitted by a reporting entity accurately
reflects the greenhouse gas impact of the reporting entity.
``SEC. 702. NATIONAL GREENHOUSE GAS EMISSIONS INFORMATION
SYSTEM.
``(a) Establishment.--In consultation with the Secretary of
Commerce, the Secretary of Agriculture, the Secretary of
Energy, States, the private sector, and nongovernmental
organizations concerned with establishing standards for
reporting of greenhouse gas emissions, the Administrator
shall establish and administer a national greenhouse gas
emissions information system to collect information reported
under section 704(a).
``(b) Submission to Congress of Draft Design.--Not later
than 180 days after the date of enactment of this title, the
Administrator shall submit to Congress a draft design of the
national greenhouse gas emissions information system.
``(c) Availability of Data to the Public.--The
Administrator shall publish all information in the national
greenhouse gas emissions information system through the
website of the Environmental Protection Agency, except in any
case in which publishing the information would reveal a trade
secret or disclose information vital to national security.
``(d) Relationship to Other Greenhouse Gas Registries.--To
the extent practicable, the Administrator shall ensure
coordination between the national greenhouse gas emissions
information system and existing and developing Federal,
regional, and State greenhouse gas registries.
``(e) Integration With Other Environmental Information.--To
the extent practicable, the Administrator shall integrate
information in the national greenhouse gas emissions
information system with other environmental information
managed by the Administrator.
``SEC. 703. NATIONAL GREENHOUSE GAS REGISTRY.
``(a) Establishment.--In consultation with the Secretary of
Commerce, the Secretary of Agriculture, the Secretary of
Energy, States, the private sector, and nongovernmental
organizations concerned with establishing standards for
reporting of greenhouse gas emissions, the Administrator
shall establish and administer a national greenhouse gas
registry to collect information reported under section
704(b).
``(b) Availability of Data to the Public.--The
Administrator shall publish all information in the national
greenhouse gas registry through the website of the
Environmental Protection Agency, except in any case in which
publishing the information would reveal a trade secret or
disclose information vital to national security.
``(c) Relationship to Other Greenhouse Gas Registries.--To
the maximum extent feasible and practicable, the
Administrator shall ensure coordination between the national
greenhouse gas registry and existing and developing Federal,
regional, and State greenhouse gas registries.
``(d) Integration With Other Environmental Information.--To
the maximum extent practicable, the Administrator shall
integrate all information in the national greenhouse gas
registry with other environmental information collected by
the Administrator.
``SEC. 704. REPORTING.
``(a) Mandatory Reporting to National Greenhouse Gas
Emissions Information System.--
``(1) Initial reporting requirements.--
``(A) In general.--Not later than April 30, 2004, in
accordance with this paragraph and the regulations
promulgated under section 706(e)(1), each covered entity
shall submit to the Administrator, for inclusion in the
national greenhouse gas emissions information system, the
greenhouse gas report of the covered entity with respect to--
``(i) calendar year 2003; and
``(ii) each greenhouse gas emitted by the covered entity in
an amount that exceeds the applicable threshold quantity.
``(B) Required elements.--Each greenhouse gas report
submitted under subparagraph (A)--
``(i) shall include estimates of direct stationary
combustion source emissions;
``(ii) shall express greenhouse gas emissions in metric
tons of the carbon dioxide equivalent of each greenhouse gas
emitted;
``(iii) shall specify the sources of greenhouse gas
emissions that are included in the greenhouse gas report;
``(iv) shall be reported on an entity-wide basis and on a
facility-wide basis; and
``(v) to the maximum extent practicable, shall be reported
electronically to the Administrator in such form as the
Administrator may require.
``(C) Method of reporting of entity-wide emissions.--Under
subparagraph (B)(iv), entity-wide emissions shall be reported
on the bases of financial control and equity share in a
manner consistent with the financial reporting practices of
the covered entity.
``(2) Final reporting requirements.--
``(A) In general.--Not later than April 30, 2005, and each
April 30 thereafter (except as provided in subparagraph
(B)(vii)), in accordance with this paragraph and the
regulations promulgated under section 706(e)(2), each covered
entity shall submit to the Administrator the greenhouse gas
report of the covered entity with respect to--
``(i) the preceding calendar year; and
``(ii) each greenhouse gas emitted by the covered entity in
an amount that exceeds the applicable threshold quantity.
``(B) Required elements.--Each greenhouse gas report
submitted under subparagraph (A) shall include--
``(i) the required elements specified in paragraph (1);
``(ii) estimates of indirect emissions from imported
electricity, heat, and steam;
``(iii) estimates of process emissions described in section
701(5)(B);
``(iv) estimates of fugitive emissions described in section
701(5)(C);
``(v) estimates of mobile source emissions described in
section 701(5)(D), in such form as the Administrator may
require;
``(vi) in the case of a covered entity that is a forest
product entity, estimates of direct stationary source
emissions, including emissions resulting from combustion of
biomass;
``(vii) in the case of a covered entity that owns more than
250,000 acres of timberland, estimates, by State, of the
timber and carbon stocks of the covered entity, which
estimates shall be updated every 5 years; and
``(viii) a description of any adjustments to the greenhouse
gas emissions record of the covered entity under subsection
(c).
``(3) Establishment of threshold quantities.--For the
purpose of reporting under this subsection, the Administrator
shall establish threshold quantities of emissions for each
combination of a source and a greenhouse gas that is subject
to the mandatory reporting requirements under this
subsection.
``(b) Voluntary Reporting to National Greenhouse Gas
Registry.--
``(1) In general.--Not later than April 30, 2004, and each
April 30 thereafter, in accordance with this subsection and
the regulations promulgated under section 706(f), an entity
may voluntarily report to the Administrator, for inclusion in
the national greenhouse gas registry, with respect to the
preceding calendar year and any greenhouse gas emitted by the
entity--
``(A) project reductions;
``(B) transfers of project reductions to and from any other
entity;
[[Page S1148]]
``(C) project reductions and transfers of project
reductions outside the United States;
``(D) indirect emissions that are not required to be
reported under subsection (a)(2)(B)(ii) (such as product
transport, waste disposal, product substitution, travel, and
employee commuting); and
``(E) product use phase emissions.
``(2) Types of activities.--Under paragraph (1), an entity
may report activities that reduce greenhouse gas emissions or
sequester a greenhouse gas, including--
``(A) fuel switching;
``(B) energy efficiency improvements;
``(C) use of renewable energy;
``(D) use of combined heat and power systems;
``(E) management of cropland, grassland, and grazing land;
``(F) forestry activities that increase carbon stocks;
``(G) carbon capture and storage;
``(H) methane recovery; and
``(I) carbon offset investments.
``(c) Adjustment Factors.--
``(1) In general.--Each reporting entity shall adjust the
greenhouse gas emissions record of the reporting entity in
accordance with this subsection.
``(2) Significant structural changes.--
``(A) In general.--A reporting entity that experiences a
significant structural change in the organization of the
reporting entity (such as a merger, major acquisition, or
divestiture) shall adjust its greenhouse gas emissions record
for preceding years so as to maintain year-to-year
comparability.
``(B) Mid-year changes.--In the case of a reporting entity
that experiences a significant structural change described in
subparagraph (A) during the middle of a year, the greenhouse
gas emissions record of the reporting entity for preceding
years shall be adjusted on a pro-rata basis.
``(3) Calculation changes and errors.--The greenhouse gas
emissions record of a reporting entity for preceding years
shall be adjusted for--
``(A) changes in calculation methodologies; or
``(B) errors that significantly affect the quantity of
greenhouse gases in the greenhouse gas emissions record.
``(4) Organizational growth or decline.--The greenhouse gas
emissions record of a reporting entity for preceding years
shall not be adjusted for any organizational growth or
decline of the reporting entity such as--
``(A) an increase or decrease in production output;
``(B) a change in product mix;
``(C) a plant closure; and
``(D) the opening of a new plant.
``(5) Explanations of adjustments.--A reporting entity
shall explain, in a statement included in the greenhouse gas
report of the reporting entity for a year--
``(A) any significant adjustment in the greenhouse gas
emissions record of the reporting entity; and
``(B) any significant change between the greenhouse gas
emissions record for the preceding year and the greenhouse
gas emissions reported for the current year.
``(d) Quantification and Verification Protocols and
Tools.--
``(1) In general.--The Administrator and the Secretary of
Commerce, the Secretary of Agriculture, and the Secretary of
Energy shall jointly work with the States, the private
sector, and nongovernmental organizations to develop--
``(A) protocols for quantification and verification of
greenhouse gas emissions;
``(B) electronic methods for quantification and reporting
of greenhouse gas emissions; and
``(C) greenhouse gas accounting and reporting standards.
``(2) Best practices.--The protocols and methods developed
under paragraph (1) shall conform, to the maximum extent
practicable, to the best practice protocols that have the
greatest support of experts in the field.
``(3) Incorporation into regulations.--The Administrator
shall incorporate the protocols developed under paragraph
(1)(A) into the regulations promulgated under section 706.
``(4) Outreach program.--The Administrator, the Secretary
of Commerce, the Secretary of Agriculture, and the Secretary
of Energy shall jointly conduct an outreach program to
provide information to all reporting entities and the public
on the protocols and methods developed under this subsection.
``(e) Verification.--
``(1) Provision of information by reporting entities.--Each
reporting entity shall provide information sufficient for the
Administrator to verify, in accordance with greenhouse gas
accounting and reporting standards developed under subsection
(d)(1)(C), that the greenhouse gas report of the reporting
entity--
``(A) has been accurately reported; and
``(B) in the case of each project reduction, represents
actual reductions in greenhouse gas emissions or actual
increases in net sequestration, as applicable.
``(2) Independent third-party verification.--A reporting
entity may--
``(A) obtain independent third-party verification; and
``(B) present the results of the third-party verification
to the Administrator for consideration by the Administrator
in carrying out paragraph (1).
``(f) Enforcement.--The Administrator may bring a civil
action in United States district court against a covered
entity that fails to comply with subsection (a), or a
regulation promulgated under section 706(e), to impose a
civil penalty of not more than $25,000 for each day that the
failure to comply continues.
``SEC. 705. NATIONAL GREENHOUSE GAS EMISSIONS INVENTORY.
``Not later than April 30, 2004, and each April 30
thereafter, the Administrator shall publish a national
greenhouse gas emissions inventory that includes--
``(1) comprehensive estimates of the quantity of United
States greenhouse gas emissions for the second preceding
calendar year, including--
``(A) for each greenhouse gas, an estimate of the quantity
of emissions contributed by each key source category;
``(B) a detailed analysis of trends in the quantity,
composition, and sources of United States greenhouse gas
emissions; and
``(C) a detailed explanation of the methodology used in
developing the national greenhouse gas emissions inventory;
and
``(2) a detailed analysis of the information reported to
the national greenhouse gas emissions information system and
the national greenhouse gas registry.
``SEC. 706. REGULATIONS.
``(a) In General.--The Administrator may promulgate such
regulations as are necessary to carry out this title.
``(b) Best Practices.--In developing regulations under this
section, the Administrator shall seek to leverage leading
protocols for the measurement, accounting, reporting, and
verification of greenhouse gas emissions.
``(c) National Greenhouse Gas Emissions Information
System.--Not later than January 31, 2004, the Administrator
shall promulgate such regulations as are necessary to
establish the national greenhouse gas emissions information
system.
``(d) National Greenhouse Gas Registry.--Not later than
January 31, 2004, the Administrator shall promulgate such
regulations as are necessary to establish the national
greenhouse gas registry.
``(e) Mandatory Reporting Requirements.--
``(1) Initial reporting requirements.--Not later than
January 31, 2004, the Administrator shall promulgate such
regulations as are necessary to implement the initial
mandatory reporting requirements under section 704(a)(1).
``(2) Final reporting requirements.--Not later than January
31, 2005, the Administrator shall promulgate such regulations
as are necessary to implement the final mandatory reporting
requirements under section 704(a)(2).
``(f) Voluntary Reporting Provisions.--Not later than
January 31, 2004, the Administrator shall promulgate such
regulations and issue such guidance as are necessary to
implement the voluntary reporting provisions under section
704(b).
``(g) Adjustment Factors.--Not later than January 31, 2004,
the Administrator shall promulgate such regulations as are
necessary to implement the adjustment factors under section
704(c).''.
______
By Mr. CHAFEE (for himself, Mr. Inhofe, Mr. Jeffords, Mr. Carper,
and Mr. Warner.
S. 195. A bill to amend the Solid Waste Disposal Act to bring
underground storage tanks into compliance with subtitle I of that Act,
to promote cleanup of leaking underground storage tanks, to provide
sufficient resources for such compliance and cleanup, and for other
purposes; to the Committee on Environment and Public Works.
Mr. CHAFEE. Mr. President, today I am introducing the Underground
Storage Tank Compliance Act of 2003. While this bill is being
introduced today, it already has a long history. The Superfund
Subcommittee conducted two hearings on the bill last year. We have
received solid testimony and input from interested parties throughout
this process, and I believe that this measure goes a long way toward
solving the problems we face with leaking underground storage tanks. In
addition, the language in this bill was approved unanimously by the
Environment and Public Works Committee in the 107th Congress.
The chief reason for pursuing this legislation today is to improve
compliance with the December 22, 1998 deadline for tank owners and
operators to upgrade, replace, or close tanks that didn't meet minimum
Federal requirements. To assess the situation, I asked the U.S. General
Accounting Office in April, 2000 to examine compliance of tanks with
Federal requirements. GAO concluded in May, 2001 that approximately
76,000 tanks have never been upgraded to meet minimum Federal
standards. In addition, GAO found that more than 200,000 tanks are not
being operated and maintained properly due, in part, to infrequent tank
inspections and limited funding.
[[Page S1149]]
Leaking tanks can have severe impacts on local communities. For
example, the village of Pascoag, Rhode Island learned the hard way that
the problems GAO outlined are real and have serious consequences.
Twelve hundred households were without water with which to drink,
bathe, or cook for over four months because MTBE contaminated fuel from
a local gasoline station was leaking into the town's drinking water
supply.
I believe the Underground Storage Tank Compliance Act of 2003 will
assist communities that are grappling with these problems and will
prevent such problems from recurring. The high cost of clean-up once a
tank has leaked, demands the emphasis on prevention included in this
legislation. The bill requires the inspection of all underground
storage tanks every two years and for the first time focuses on the
training of tank operators. It simply does not make sense to install
modern, protective equipment if the people who operate them do not have
the proper training. The bill also provides the Federal Government and
States with the tools necessary to ensure that all parties are meeting
Federal standards. In addition, the legislation emphasizes compliance
of tanks owned by Federal, State, and local governments, and provides
$125 million per year for cleanup of sites contaminated by MTBE.
This bill enjoys broad support, including the support of the
regulated community and the environmental community. We have worked
extensively with the Administration to address issues raised by the
Environmental Protection Agency. I believe that this legislation goes a
long way toward solving many of the problems relating to leaking tanks,
and I thank all of my colleagues for working with me on this.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 195
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 ``Underground Storage Tank
Compliance Act of 2003''.
SEC. 2. LEAKING UNDERGROUND STORAGE TANKS.
Section 9004 of the Solid Waste Disposal Act (42 U.S.C.
6991c) is amended by adding at the end the following:
``(f) Trust Fund Distribution.--
``(1) In general.--
``(A) Amount and permitted uses of distribution.--The
Administrator shall distribute to States not less than 80
percent of the funds from the Trust Fund that are made
available to the Administrator under section 9014(2)(A) for
each fiscal year for use in paying the reasonable costs,
incurred under a cooperative agreement with any State, of--
``(i) actions taken by the State under section
9003(h)(7)(A);
``(ii) necessary administrative expenses, as determined by
the Administrator, that are directly related to corrective
action and compensation programs under subsection (c)(1);
``(iii) any corrective action and compensation program
carried out under subsection (c)(1) for a release from an
underground storage tank regulated under this subtitle to the
extent that, as determined by the State in accordance with
guidelines developed jointly by the Administrator and the
State, the financial resources of the owner or operator of
the underground storage tank (including resources provided by
a program in accordance with subsection (c)(1)) are not
adequate to pay the cost of a corrective action without
significantly impairing the ability of the owner or operator
to continue in business;
``(iv) enforcement by the State or a local government of
State or local regulations pertaining to underground storage
tanks regulated under this subtitle; or
``(v) State or local corrective actions carried out under
regulations promulgated under section 9003(c)(4).
``(B) Use of funds for enforcement.--In addition to the
uses of funds authorized under subparagraph (A), the
Administrator may use funds from the Trust Fund that are not
distributed to States under subparagraph (A) for enforcement
of any regulation promulgated by the Administrator under this
subtitle.
``(C) Prohibited uses.--Except as provided in subparagraph
(A)(iii), under any similar requirement of a State program
approved under this section, or in any similar State or local
provision as determined by the Administrator, funds provided
to a State by the Administrator under subparagraph (A) shall
not be used by the State to provide financial assistance to
an owner or operator to meet any requirement relating to
underground storage tanks under part 280 of title 40, Code of
Federal Regulations (as in effect on the date of enactment of
this subsection).
``(2) Allocation.--
``(A) Process.--Subject to subparagraph (B), in the case of
a State with which the Administrator has entered into a
cooperative agreement under section 9003(h)(7)(A), the
Administrator shall distribute funds from the Trust Fund to
the State using the allocation process developed by the
Administrator.
``(B) Revisions to process.--The Administrator may revise
the allocation process referred to in subparagraph (A) with
respect to a State only after--
``(i) consulting with--
``(I) State agencies responsible for overseeing corrective
action for releases from underground storage tanks;
``(II) owners; and
``(III) operators; and
``(ii) taking into consideration, at a minimum--
``(I) the total tax revenue contributed to the Trust Fund
from all sources within the State;
``(II) the number of confirmed releases from federally
regulated underground storage tanks in the State;
``(III) the number of federally regulated underground
storage tanks in the State;
``(IV) the percentage of the population of the State that
uses groundwater for any beneficial purpose;
``(V) the performance of the State in implementing and
enforcing the program;
``(VI) the financial needs of the State; and
``(VII) the ability of the State to use the funds referred
to in subparagraph (A) in any year.
``(3) Distributions to state agencies.--Distributions from
the Trust Fund under this subsection shall be made directly
to a State agency that--
``(A) enters into a cooperative agreement referred to in
paragraph (2)(A); or
``(B) is enforcing a State program approved under this
section.
``(4) Cost recovery prohibition.--Funds from the Trust Fund
provided by States to owners or operators under paragraph
(1)(A)(iii) shall not be subject to cost recovery by the
Administrator under section 9003(h)(6).''.
SEC. 3. INSPECTION OF UNDERGROUND STORAGE TANKS.
Section 9005 of the Solid Waste Disposal Act (42 U.S.C.
6991d) is amended--
(1) by redesignating subsections (a) and (b) as subsections
(b) and (c), respectively; and
(2) by inserting before subsection (b) (as redesignated by
paragraph (1)) the following:
``(a) Inspection Requirements.--Not later than 2 years
after the date of enactment of the Underground Storage Tank
Compliance Act of 2003, and at least once every 2 years
thereafter, the Administrator or a State with a program
approved under section 9004, as appropriate, shall require
that all underground storage tanks regulated under this
subtitle undergo onsite inspections for compliance with
regulations promulgated under section 9003(c).''.
SEC. 4. OPERATOR TRAINING.
Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991
et seq.) is amended by striking section 9010 and inserting
the following:
``SEC. 9010. OPERATOR TRAINING.
``(a) Guidelines.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Underground Storage Tank Compliance Act of
2003, in cooperation with States, owners, and operators, the
Administrator shall publish in the Federal Register, after
public notice and opportunity for comment, guidelines that
specify methods for training operators of underground storage
tanks.
``(2) Considerations.--The guidelines described in
paragraph (1) shall take into account--
``(A) State training programs in existence as of the date
of publication of the guidelines;
``(B) training programs that are being employed by owners
and operators as of the date of enactment of this paragraph;
``(C) the high turnover rate of operators;
``(D) the frequency of improvement in underground storage
tank equipment technology;
``(E) the nature of the businesses in which the operators
are engaged; and
``(F) such other factors as the Administrator determines to
be necessary to carry out this section.
``(b) State Programs.--
``(1) In general.--Not later than 2 years after the date on
which the Administrator publishes the guidelines under
subsection (a)(1), each State shall develop and implement a
strategy for the training of operators of underground storage
tanks that is consistent with paragraph (2).
``(2) Requirements.--A State strategy described in
paragraph (1) shall--
``(A) be consistent with subsection (a);
``(B) be developed in cooperation with owners and
operators; and
``(C) take into consideration training programs implemented
by owners and operators as of the date of enactment of this
subsection.
``(3) Financial incentive.--The Administrator may award to
a State that develops and implements a strategy described in
paragraph (1), in addition to any funds that the State is
entitled to receive under this subtitle, not more than
$50,000, to be used to carry out the strategy.''.
SEC. 5. REMEDIATION OF MTBE CONTAMINATION.
Section 9003(h) of the Solid Waste Disposal Act (42 U.S.C.
6991b(h)) is amended--
[[Page S1150]]
(1) in paragraph (7)(A)--
(A) by striking ``paragraphs (1) and (2) of this
subsection'' and inserting ``paragraphs (1), (2), and (12)'';
and
(B) by striking ``, and including the authorities of
paragraphs (4), (6), and (8) of this subsection'' and
inserting ``and the authority under sections 9005(a) and 9011
and paragraphs (4), (6), and (8),''; and
(2) by adding at the end the following:
``(12) Remediation of mtbe contamination.--
``(A) In general.--The Administrator and the States may use
funds made available under section 9014(2)(B) to carry out
corrective actions with respect to a release of methyl
tertiary butyl ether that presents a threat to human health
or welfare or the environment.
``(B) Applicable authority.--The Administrator or a State
shall carry out subparagraph (A)--
``(i) in accordance with paragraph (2), except that a
release with respect to which a corrective action is carried
out under subparagraph (A) shall not be required to be from
an underground storage tank; and
``(ii) in the case of a State, in accordance with a
cooperative agreement entered into by the Administrator and
the State under paragraph (7).''.
SEC. 6. RELEASE PREVENTION, COMPLIANCE, AND ENFORCEMENT.
(a) Release Prevention and Compliance.--Subtitle I of the
Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) (as amended
by section 4) is amended by adding at the end the following:
``SEC. 9011. USE OF FUNDS FOR RELEASE PREVENTION AND
COMPLIANCE.
``Funds made available under section 9014(2)(D) from the
Trust Fund may be used to conduct inspections, issue orders,
or bring actions under this subtitle--
``(1) by a State, in accordance with a grant or cooperative
agreement with the Administrator, of State regulations
pertaining to underground storage tanks regulated under this
subtitle; and
``(2) by the Administrator, under this subtitle (including
under a State program approved under section 9004).''.
(b) Government-Owned Tanks.--Section 9003 of the Solid
Waste Disposal Act (42 U.S.C. 6991b) is amended by adding at
the end the following:
``(i) Government-Owned Tanks.--
``(1) Implementation report.--
``(A) In general.--Not later than 2 years after the date of
enactment of this subsection, each State shall submit to the
Administrator an implementation report that--
``(i) lists each underground storage tank described in
subparagraph (B) in the State that, as of the date of
submission of the report, is not in compliance with this
subtitle; and
``(ii) describes the actions that have been and will be
taken to ensure compliance by the underground storage tank
listed under clause (i) with this subtitle.
``(B) Underground storage tank.--An underground storage
tank described in this subparagraph is an underground storage
tank that is--
``(i) regulated under this subtitle; and
``(ii) owned or operated by the State government or any
local government.
``(C) Public availability.--The Administrator shall make
each report received under subparagraph (A) available to the
public on the Internet.
``(2) Financial incentive.--The Administrator may award to
a State that develops an implementation report described in
paragraph (1), in addition to any funds that the State is
entitled to receive under this subtitle, not more than
$50,000, to be used to carry out the implementation report.
``(3) Not a safe harbor.--This subsection does not relieve
any person from any obligation or requirement under this
subtitle.''.
(c) Incentives for Performance.--Section 9006 of the Solid
Waste Disposal Act (42 U.S.C. 6991e) is amended by adding at
the end the following:
``(e) Incentives for Performance.--In determining the terms
of a compliance order under subsection (a), or the amount of
a civil penalty under subsection (d), the Administrator, or a
State under a program approved under section 9004, may take
into consideration whether an owner or operator--
``(1) has a history of operating underground storage tanks
of the owner or operator in accordance with--
``(A) this subtitle; or
``(B) a State program approved under section 9004;
``(2) has repeatedly violated--
``(A) this subtitle; or
``(B) a State program approved under section 9004; or
``(3) has implemented a program, consistent with guidelines
published under section 9010, that provides training to
persons responsible for operating any underground storage
tank of the owner or operator.''.
(d) Authority To Prohibit Certain Deliveries.--Section 9006
of the Solid Waste Disposal Act (42 U.S.C. 6991e) (as amended
by subsection (c)) is amended by adding at the end the
following:
``(f) Authority To Prohibit Certain Deliveries.--
``(1) In general.--Subject to paragraph (2), beginning 180
days after the date of enactment of this subsection, the
Administrator or a State may prohibit the delivery of
regulated substances to underground storage tanks that are
not in compliance with--
``(A) a requirement or standard promulgated by the
Administrator under section 9003; or
``(B) a requirement or standard of a State program approved
under section 9004.
``(2) Limitations.--
``(A) Specified geographic areas.--Subject to subparagraph
(B), under paragraph (1), the Administrator or a State shall
not prohibit a delivery if the prohibition would jeopardize
the availability of, or access to, fuel in any specified
geographic area.
``(B) Applicability of limitation.--The limitation under
subparagraph (A) shall apply only during the 180-day period
following the date of a determination by the Administrator
that exercising the authority of paragraph (1) is limited by
subparagraph (A).
``(C) Guidelines.--Not later than 18 months after the date
of enactment of this subsection, the Administrator shall
issue guidelines that define the term `specified geographic
area' for the purpose of subparagraph (A).
``(3) Authority to issue guidelines.--Subject to paragraph
(2)(C), the Administrator, after consultation with States,
may issue guidelines for carrying out this subsection.
``(4) Enforcement, compliance, and penalties.--The
Administrator may use the authority under the enforcement,
compliance, or penalty provisions of this subtitle to carry
out this subsection.
``(5) Effect on state authority.--Nothing in this
subsection affects the authority of a State to prohibit the
delivery of a regulated substance to an underground storage
tank.''.
(e) Public Record.--Section 9002 of the Solid Waste
Disposal Act (42 U.S.C. 6991a) is amended by adding at the
end the following:
``(d) Public Record.--
``(1) In general.--The Administrator shall require each
State and Indian tribe that receives Federal funds to carry
out this subtitle to maintain, update at least annually, and
make available to the public, in such manner and form as the
Administrator shall prescribe (after consultation with States
and Indian tribes), a record of underground storage tanks
regulated under this subtitle.
``(2) Considerations.--To the maximum extent practicable,
the public record of a State or Indian tribe, respectively,
shall include, for each year--
``(A) the number, sources, and causes of underground
storage tank releases in the State or tribal area;
``(B) the record of compliance by underground storage tanks
in the State or tribal area with--
``(i) this subtitle; or
``(ii) an applicable State program approved under section
9004; and
``(C) data on the number of underground storage tank
equipment failures in the State or tribal area.
``(3) Availability.--The Administrator shall make the
public record of each State and Indian tribe under this
section available to the public electronically.''.
SEC. 7. FEDERAL FACILITIES.
Section 9007 of the Solid Waste Disposal Act (42 U.S.C.
6991f) is amended by adding at the end the following:
``(c) Review of, and Report on, Federal Underground Storage
Tanks.--
``(1) Review.--Not later than 1 year after the date of
enactment of this subsection, the Administrator, in
cooperation with each Federal agency that owns or operates 1
or more underground storage tanks or that manages land on
which 1 or more underground storage tanks are located, shall
review the status of compliance of those underground storage
tanks with this subtitle.
``(2) Implementation report.--
``(A) In general.--Not later than 2 years after the date of
enactment of this subsection, each Federal agency described
in paragraph (1) shall submit to the Administrator and to
each State in which an underground storage tank described in
paragraph (1) is located an implementation report that--
``(i) lists each underground storage tank described in
paragraph (1) that, as of the date of submission of the
report, is not in compliance with this subtitle; and
``(ii) describes the actions that have been and will be
taken to ensure compliance by the underground storage tank
with this subtitle.
``(B) Public availability.--The Administrator shall make
each report received under subparagraph (A) available to the
public on the Internet.
``(3) Not a safe harbor.--This subsection does not relieve
any person from any obligation or requirement under this
subtitle.
``(d) Applicability of Certain Requirements.--Section
6001(a) shall apply to each department, agency, and
instrumentality covered by subsection (a).''.
SEC. 8. TANKS UNDER THE JURISDICTION OF INDIAN TRIBES.
Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991
et seq.) (as amended by section 6(a)) is amended by adding at
the end the following:
``SEC. 9012. TANKS UNDER THE JURISDICTION OF INDIAN TRIBES.
``(a) In General.--The Administrator, in coordination with
Indian tribes, shall--
``(1) not later than 1 year after the date of enactment of
this section, develop and implement a strategy--
``(A) giving priority to releases that present the greatest
threat to human health or the environment, to take necessary
corrective action in response to releases from
[[Page S1151]]
leaking underground storage tanks located wholly within the
boundaries of--
``(i) an Indian reservation; or
``(ii) any other area under the jurisdiction of an Indian
tribe; and
``(B) to implement and enforce requirements concerning
underground storage tanks located wholly within the
boundaries of--
``(i) an Indian reservation; or
``(ii) any other area under the jurisdiction of an Indian
tribe;
``(2) not later than 2 years after the date of enactment of
this section and every 2 years thereafter, submit to Congress
a report that summarizes the status of implementation and
enforcement of the underground storage tank program in areas
located wholly within--
``(A) the boundaries of Indian reservations; and
``(B) any other areas under the jurisdiction of an Indian
tribe; and
``(3) make the report described in paragraph (2) available
to the public on the Internet.
``(b) Not a Safe Harbor.--This section does not relieve any
person from any obligation or requirement under this
subtitle.
``(c) State Authority.--Nothing in this section applies to
any underground storage tank that is located in an area under
the jurisdiction of a State, or that is subject to regulation
by a State, as of the date of enactment of this section.''.
SEC. 9. STATE AUTHORITY.
Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991
et seq.) (as amended by section 8) is amended by adding at
the end the following:
``SEC. 9013. STATE AUTHORITY.
``Nothing in this subtitle precludes a State from
establishing any requirement that is more stringent than a
requirement under this subtitle.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991
et seq.) (as amended by section 9) is amended by adding at
the end the following:
``SEC. 9014. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the
Administrator--
``(1) to carry out subtitle I (except sections 9003(h),
9005(a), and 9011) $25,000,000 for each of fiscal years 2004
through 2008; and
``(2) from the Trust Fund, notwithstanding section
9508(c)(1) of the Internal Revenue Code of 1986--
``(A) to carry out section 9003(h) (except section
9003(h)(12)) $150,000,000 for each of fiscal years 2004
through 2008;
``(B) to carry out section 9003(h)(12), $125,000,000 for
each of fiscal years 2004 through 2008;
``(C) to carry out section 9005(a)--
``(i) $35,000,000 for each of fiscal years 2004 and 2005;
and
``(ii) $20,000,000 for each of fiscal years 2006 through
2009; and
``(D) to carry out section 9011--
``(i) $50,000,000 for fiscal year 2004; and
``(ii) $30,000,000 for each of fiscal years 2005 through
2009.''.
SEC. 11. CONFORMING AMENDMENTS.
(a) Definitions.--Section 9001 of the Solid Waste Disposal
Act (42 U.S.C. 6991) is amended--
(1) by striking ``For the purposes of this subtitle--'' and
inserting ``In this subtitle:'';
(2) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), (7), and (8) as paragraphs (10), (7), (4), (3), (8),
(5), (2), and (6), respectively, and reordering the
paragraphs so as to appear in numerical order;
(3) by inserting before paragraph (2) (as redesignated by
paragraph (2)) the following:
``(1) Indian tribe.--
``(A) In general.--The term `Indian tribe' means any Indian
tribe, band, nation, or other organized group or community
that is recognized as being eligible for special programs and
services provided by the United States to Indians because of
their status as Indians.
``(B) Inclusions.--The term `Indian tribe' includes an
Alaska Native village, as defined in or established under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.).''; and
(4) by inserting after paragraph (8) (as redesignated by
paragraph (2)) the following:
``(9) Trust fund.--The term `Trust Fund' means the Leaking
Underground Storage Tank Trust Fund established by section
9508 of the Internal Revenue Code of 1986.''.
(b) Conforming Amendments.--
(1) Section 1001 of the Solid Waste Disposal Act (42 U.S.C.
prec. 6901) is amended in the table of contents--
(A) in the item relating to section 9002, by inserting
``and public records'' after ``Notification''; and
(B) by striking the item relating to section 9010 and
inserting the following:
``Sec. 9010. Operator training.
``Sec. 9011. Use of funds for release prevention and compliance.
``Sec. 9012. Tanks under the jurisdiction of Indian tribes.
``Sec. 9013. State authority.
``Sec. 9014. Authorization of appropriations.''.
(2) Section 9002 of the Solid Waste Disposal Act (42 U.S.C.
6991a) is amended in the section heading by inserting ``and
public records'' after ``notification''.
(3) Section 9003(f) of the Solid Waste Disposal Act (42
U.S.C. 6991b(f)) is amended--
(A) in paragraph (1), by striking ``9001(2)(B)'' and
inserting ``9001(7)(B)''; and
(B) in paragraphs (2) and (3), by striking ``9001(2)(A)''
each place it appears and inserting ``9001(7)(A)''.
(4) Section 9003(h) of the Solid Waste Disposal Act (42
U.S.C. 6991b(h)) is amended in paragraphs (1), (2)(C),
(7)(A), and (11) by striking ``Leaking Underground Storage
Tank Trust Fund'' each place it appears and inserting ``Trust
Fund''.
(5) Section 9009 of the Solid Waste Disposal Act (42 U.S.C.
6991h) is amended--
(A) in subsection (a), by striking ``9001(2)(B)'' and
inserting ``9001(7)(B)''; and
(B) in subsection (d), by striking ``section 9001(1) (A)
and (B)'' and inserting ``subparagraphs (A) and (B) of
section 9001(10)''.
SEC. 12. TECHNICAL AMENDMENTS.
(a) Section 9001(4)(A) of the Solid Waste Disposal Act (42
U.S.C. 6991(4)(A)) (as amended by section 11(a)(2)) is
amended by striking ``sustances'' and inserting
``substances''.
(b) Section 9003(f)(1) of the Solid Waste Disposal Act (42
U.S.C. 6991b(f)(1)) is amended by striking ``subsection (c)
and (d) of this section'' and inserting ``subsections (c) and
(d)''.
(c) Section 9004(a) of the Solid Waste Disposal Act (42
U.S.C. 6991c(a)) is amended by striking ``in 9001(2) (A) or
(B) or both'' and inserting ``in subparagraph (A) or (B) of
section 9001(7)''.
(d) Section 9005 of the Solid Waste Disposal Act (42 U.S.C.
6991d) (as amended by section 3) is amended--
(1) in subsection (b), by striking ``study taking'' and
inserting ``study, taking'';
(2) in subsection (c)(1), by striking ``relevent'' and
inserting ``relevant''; and
(3) in subsection (c)(4), by striking ``Evironmental'' and
inserting ``Environmental''.
______
By Mr. ALLEN (for himself, Mr. McCain, Mr. Stevens, Mr. Hollings,
and Mr. Miller):
S. 196. A bill to establish a digital and wireless network technology
program, and for other purposes; to the Committee on Commerce, Science,
and Transportation.
Mr. ALLEN. Mr. President, today I rise with my colleagues--Senators
McCain, Stevens, Hollings and Miller to introduce the Digital &
Wireless Network Technology Program Act of 2003.
Access to the Internet is no longer a luxury, but a necessity.
Because of the rapid advancement and growing dependence on technology,
being digitally connected becomes more essential to economic and
educational advancement. 60 percent of all jobs require information
technology skills and jobs in information technology pay significantly
higher salaries than jobs in non-information technology fields. People
who lack access to information technology tools are at an increasing
disadvantage. Consequently, it is important that all institutions of
higher education provide their students with access to the most current
information technology and digital equipment.
As Governor of Virginia, I implemented a technology plan that created
a blueprint of technology resources throughout the Virginia Community
College System, VCCS. All 38 community college campuses are wired and
each community college has a dedicated Commonwealth Classroom for
compressed video distance education classes. Arrangements with Old
Dominion University, Christopher Newport University, Virginia Tech and
other institutions are offering senior level courses through distance
education that actually take place on the community college campus.
Minority Serving Institutions, however, still lack basic information
and digital technology infrastructure. A study completed by the
Department of Commerce and the National Association for Equal
Opportunity in Higher Education showed that most Historically Black
Colleges and Universities do not have high-speed Internet access, and
only 3 percent of these colleges and universities indicated that
financial aid was available to help their students close the computer
ownership gap, the digital divide.
The Digital & Wireless Network Technology Program Act of 2003 seeks
to address the technology gap that exists at many Minority Serving
Institutions, MSIs. Our legislation establishes a new grant program
within the National Science Foundation, NSF, that provides up to $250
million to help Historically Black Colleges and Universities, Hispanic
Serving Institutions, and Tribal Colleges bridge the digital divide.
The legislation allows eligible institutions the opportunity through
grants, contracts or cooperative agreements to acquire equipment,
instrumentation, networking capability,
[[Page S1152]]
hardware and software, digital network technology and wireless
technology/infrastructure, such as wireless fidelity or WiFi, to
develop and provide educational services. Additionally, the grants
could be used for such activities as equipment upgrades, technology
training and hardware/software acquisition. A Minority Serving
Institution also could use the funds to offer its students universal
access to campus networks, dramatically increase their connectivity
rates, or make necessary infrastructure improvements.
Virginia has five Historically Black Colleges and Universities:
Hampton University, Norfolk State University, St. Paul's College,
Virginia Union University and Virginia State University.
The best jobs in the future will go to those who are the best
prepared. However, I am increasingly concerned that when it comes to
high technology jobs which pay higher wages this country runs the risk
of economically limiting many college students in our society. It is
important for ALL Americans that we close this opportunity gap. Since
my election to the Senate, my goal has always been to continue the work
that I began as Governor, to look for ways to improve education, create
jobs and seek out new opportunities to benefit Virginia and its
citizens. By improving technology-education programs, we can accomplish
all three for students throughout our nation.
I want to thank my colleagues for joining me today cosponsoring this
legislation and look forward to working with fellow Senators to push
this important measure across the goal-line so that many more college
students are provided access to better technology and education, and
most importantly, even greater opportunities in life.
I ask unanimous consent that the text of the bill be printed in the
Record.
Mr. McCAIN. During this era of economic slowdown and global threat,
it is imperative that our Nation's institutions of higher education are
prepared to produce a technologically advanced workforce. Rita Colwell,
Director of the National Science Foundation, NSF, stated in a recent
letter to new Members of Congress that ``. . . American science and
technology is failing to tap a vast pool of talent among our women and
ethnic minorities.''
As the demographics of the Nation become more and more diverse,
minority institutions of higher education take on an even greater
importance. It is estimated that in 10 years, minorities will comprise
40 percent of the college-age Americans, the pool from which the
Nation's future engineers and scientists will emerge. Therefore, to tap
this underutilized pool of future engineers and scientists, it is
essential to provide assistance to these minority institutions. The
hundreds of minority-serving institutions, MSI, which include
Historically Black Colleges and Universities (HBCU), Hispanic-serving
institutions, and tribal colleges and universities, should be provided
with the resources to ensure that we are indeed utilizing their large
student populations.
I am pleased to join Senator Allen and the other sponsors in
introducing the Digital and Wireless Network Technology Act of 2003.
This legislation would create an office at the NSF to draw upon its
resources to strengthen the ability of MSIs to provide instructions in
digital and wireless network technologies.
The legislation is not the result of any special interest groups or
highly financial lobbying efforts. It is based upon data provided by 80
of the 118 HBCUs in a study, entitled ``HBCU Technology Assessment
Study,'' funded by the U.S. Department of Commerce and conducted by a
national black college association and minority business. The study
assessed the computing resources, networking, and connectivity of HBCUs
and other institutions that provide educational services to
predominately African-American populations.
The study concluded that ``during this era of continuous innovation
and change, continual upgrading of networking and connectivity systems
is critical if HBCUs are to continue to cross the digital divide and
not fall victim to it. Failure to do this may result in what is a
manageable digital divide today, evolving into an unmanageable digital
gulf tomorrow.'' I believe there is reason to conclude that the
findings from the study also would apply to Hispanic-serving
institutions, and tribal colleges and universities.
This bill would build upon the work of Senator Cleland and many
others during the last Congress. In testimony before the Commerce
Committee last year, the president of the United Negro College Fund,
Congressman William Gray, stated that we can ill afford to promote
college graduates who enter the workforce without mastering the basic
computer skills and understanding how information technology applies to
their work or profession.
I feel it is imperative that we do all we can to improve the quality
of education for students at our minority serving institutions. These
institutions will continue to play an important role in providing the
Nation with a well-educated and talented workforce.
Mr. President, I urge my colleagues to support this bill.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 196
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 ``Digital and Wireless Network
Technology Program Act of 2003''.
SEC. 2. ESTABLISHMENT OF OFFICE.
(a) In General.--There is established within the National
Science Foundation an Office of Digital and Wireless Network
Technology to carry out the provisions of this Act.
(b) Purpose.--The Office shall--
(1) strengthen the ability of eligible institutions to
provide capacity for instruction in digital and wireless
network technologies by providing grants to, or executing
contracts or cooperative agreements with, those institutions
to provide such instruction; and
(2) strengthen the national digital and wireless
infrastructure by increasing national investment in
telecommunications and technology infrastructure at eligible
institutions.
SEC. 3. ACTIVITIES SUPPORTED.
An eligible institution shall use a grant, contract, or
cooperative agreement awarded under this Act--
(1) to acquire the equipment, instrumentation, networking
capability, hardware and software, digital network
technology, wireless technology, and infrastructure;
(2) to develop and provide educational services, including
faculty development, to prepare students or faculty seeking a
degree or certificate that is approved by the State, or a
regional accrediting body recognized by the Secretary of
Education;
(3) to provide teacher education, library and media
specialist training, and preschool and teacher aid
certification to individuals who seek to acquire or enhance
technology skills in order to use technology in the classroom
or instructional process;
(4) to implement joint projects and consortia to provide
education regarding technology in the classroom with a State
or State education agency, local education agency, community-
based organization, national non-profit organization, or
business, including minority businesses;
(5) to provide leadership development to administrators,
board members, and faculty of eligible institutions with
institutional responsibility for technology education;
(6) to provide capacity-building technical assistance to
eligible institutions through technical assistance workshops,
distance learning, new technologies, and other technological
applications; and
(7) to foster the use of information communications
technology to increase scientific, mathematical, engineering,
and technology instruction and research.
SEC. 4. APPLICATION AND REVIEW PROCEDURE.
(a) In General.--To be eligible to receive a grant,
contract, or cooperative agreement under this Act, an
eligible institution shall submit an application to the
Director at such time, in such manner, and accompanied by
such information as the Director may reasonably require. The
Director, in consultation with the advisory council
established under subsection (b), shall establish a procedure
by which to accept such applications and publish an
announcement of such procedure, including a statement
regarding the availability of funds, in the Federal Register.
(b) Advisory Council.--The Director shall establish an
advisory council to advise the Director on the best
approaches for involving eligible institutions in the
activities described in section 3. In selecting the members
of the advisory council, the Director may consult with
representatives of appropriate organizations, including
representatives of eligible institutions, to ensure that the
membership of the advisory council reflects participation by
technology and telecommunications institutions, minority
businesses, eligible institution communities, Federal agency
personnel, and other individuals who are knowledgeable about
eligible institutions and technology issues.
[[Page S1153]]
(c) Data Collection.--An eligible institution that receives
a grant, contract, or cooperative agreement under section 2
shall provide the Office with any relevant institutional
statistical or demographic data requested by the Office.
(d) Information Dissemination.--The Director shall convene
an annual meeting of eligible institutions receiving grants,
contracts, or cooperative agreements under section 2 for the
purposes of--
(1) fostering collaboration and capacity-building
activities among eligible institutions; and
(2) disseminating information and ideas generated by such
meetings.
SEC. 5. MATCHING REQUIREMENT.
The Director may not award a grant, contract, or
cooperative agreement to an eligible institution under this
Act unless such institution agrees that, with respect to the
costs to be incurred by the institution in carrying out the
program for which the grant, contract, or cooperative
agreement was awarded, such institution will make available
(directly or through donations from public or private
entities) non-Federal contributions in an amount equal to \1/
4\ of the amount of the grant, contract, or cooperative
agreement awarded by the Director, or $500,000, whichever is
the lesser amount. The Director shall waive the matching
requirement for any institution or consortium with no
endowment, or an endowment that has a current dollar value
lower than $50,000,000.
SEC. 6. LIMITATIONS.
(a) In General.--An eligible institution that receives a
grant, contract, or cooperative agreement under this Act that
exceeds $2,500,000, shall not be eligible to receive another
grant, contract, or cooperative agreement under this Act
until every other eligible institution that has applied for a
grant, contract, or cooperative agreement under this Act has
received such a grant, contract, or cooperative.
(b) Awards Administered by Eligible Institution.--Each
grant, contract, or cooperative agreement awarded under this
Act shall be made to, and administered by, an eligible
institution, even when it is awarded for the implementation
of a consortium or joint project.
SEC. 7. ANNUAL REPORT AND EVALUATION.
(a) Annual Report Required From Recipients.--Each
institution that receives a grant, contract, or cooperative
agreement under this Act shall provide an annual report to
the Director on its use of the grant, contract, or
cooperative agreement.
(b) Evaluation by Director.--The Director, in consultation
with the Secretary of Education, shall--
(1) review the reports provided under subsection (a) each
year; and
(2) evaluate the program authorized by section 3 on the
basis of those reports every 2 years.
(c) Contents of Evaluation.--The Director, in the
evaluation, shall describe the activities undertaken by those
institutions and shall assess the short-range and long-range
impact of activities carried out under the grant, contract,
or cooperative agreement on the students, faculty, and staff
of the institutions.
(d) Report to Congress.--The Director shall submit a report
to the Congress based on the evaluation. In the report, the
Director shall include such recommendations, including
recommendations concerning the continuing need for Federal
support of the program, as may be appropriate.
SEC. 8. DEFINITIONS.
In this Act:
(1) Eligible institution.--The term ``eligible
institution'' means an institution that is--
(A) a historically Black college or university that is a
part B institution, as defined in section 322(2) of the
Higher Education Act of 1965 (20 U.S.C. 1061(2)), an
institution described in section 326(e)(1)(A), (B), or (C) of
that Act (20 U.S.C. 1063b(e)(1)(A), (B), or (C)), or a
consortium of institutions described in this subparagraph;
(B) a Hispanic-serving institution, as defined in section
502(a)(5) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a)(5));
(C) a tribally controlled college or university, as defined
in section 316(b)(3) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b)(3));
(D) an Alaska Native-serving institution under section
317(b) of the Higher Education Act of 1965 (20 U.S.C.
1059d(b));
(E) a Native Hawaiian-serving institution under section
317(b) of the Higher Education Act of 1965 (20 U.S.C.
1059d(b)); or
(F) an institution determined by the Director, in
consultation with the Secretary of Education, to have
enrolled a substantial number of minority, low-income
students during the previous academic year who received
assistance under subpart I of part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070a et seq.) for
that year.
(2) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(3) Minority business.--The term ``minority business''
includes HUBZone small business concerns (as defined in
section 3(p) of the Small Business Act (15 U.S.C. 632(p)).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Director of
the National Science Foundation $250,000,000 for each of the
fiscal years 2004 through 2008 to carry out this Act.
______
By Mrs. BOXER.
S. 197. A bill to amend the Elementary and Secondary Education Act of
1965 to establish a program to help States expand the education system
to include at least 1 year of early education preceding the year a
child enters kindergarten; to the Committee on Health, Education,
Labor, and Pensions.
Mrs. BOXER. Mr. President, today I am reintroducing the Early
Education Act. This bill will enable millions of children to be
prepared when they begin their academic careers.
In 1989, the Nation's governors established a goal that all children
would have access to high quality prekindergarten programs by the year
2000. It is now the year 2003, and this goal is far from being met.
Of the nearly 8 million 3- and 4-year-olds that could be in early
education, fewer than half are enrolled in an early education program.
The result is that too many children come to school ill-prepared to
learn. They lack language skills, social skills, and motivation. Almost
all experts now agree that an early education experience is one of the
most effective strategies for improving later school performance.
Researchers have discovered that children have a learning capacity
that can and should be developed at a much earlier age than was
previously thought. The National Research Council reported that
prekindergarten educational opportunities are necessary if children are
going to develop the language and literacy skills needed to read.
Furthermore, studies have shown that children who participate in
prekindergarten programs are less likely to be held back a grade, show
greater learning retention and initiative, have better social skills,
are more enthusiastic about school, and are more likely to have good
attendance records.
For every dollar invested in early education, about 7 dollars are
saved in later costs.
My bill, the Early Education Act, would create a demonstration
project in at least 10 States that want to provide one year of
prekindergarten early education in the public schools. There is a 50
percent matching requirement, and the $300 million authorized under
this bill would be used by States to supplement--not supplant--other
Federal, State or local funds.
Our children need a solid foundation that builds on current education
system by providing them with early learning skills. I urge my
colleagues to support this legislation.
____________________