[Congressional Record Volume 149, Number 64 (Thursday, May 1, 2003)]
[Senate]
[Pages S5684-S5689]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            UNDERGROUND STORAGE TANK COMPLIANCE ACT OF 2003

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of calendar item No. 25, S. 195.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 195) 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.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Environment and Public 
Works, with an amendment.
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                 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,

[[Page S5685]]

     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--
       [(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.--

[[Page S5686]]

       [``(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 
     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''.]

     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;

[[Page S5687]]

       ``(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--
       (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.''.

[[Page S5688]]

       (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--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Applicability of Subtitle.--
       ``(1) In general.--Section 6001(a) shall apply to each 
     department, agency, and instrumentality in the executive, 
     legislative, or judicial branch of the Federal Government 
     having jurisdiction over--
       ``(A) any underground storage tank or underground storage 
     tank system (as defined in section 280.12 of title 40, Code 
     of Federal Regulations (or any successor regulation)); or
       ``(B) any release response activity relating to an 
     underground storage tank or underground storage tank system.
       ``(2) Requirements.--For purposes of this section, 
     requirements respecting the control and abatement of solid 
     waste or hazardous waste disposal and management referred to 
     in section 6001(a) include requirements respecting--
       ``(A) control, installation, operation, management, or 
     closure of any underground storage tank or underground 
     storage tank system containing any regulated substance; and
       ``(B) release response activities relating to an activity 
     described in subparagraph (A).''; and
       (2) 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.''.

     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 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--

[[Page S5689]]

       (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''.

  Mr. McCONNELL. I ask unanimous consent that the committee substitute 
be agreed to, the bill, as amended, be read the third time and passed, 
the motion to reconsider be laid upon the table, and that any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 195), as amended, was read the third time and passed.

                          ____________________