[Congressional Record (Bound Edition), Volume 149 (2003), Part 1]
[Senate]
[Pages 1386-1395]
[From the U.S. 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

[[Page 1387]]

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, per-
fluorocarbons, 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 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 have 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

[[Page 1388]]

       (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;
       ``(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 `ver-
     ification' 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

[[Page 1389]]

     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;
       ``(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 veri-
     fication.--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

[[Page 1390]]

     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.
  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:

[[Page 1391]]

       ``(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.''.
       (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

[[Page 1392]]

     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 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

[[Page 1393]]

       (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, 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.
  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.
       (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.

[[Page 1394]]

       (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.

  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.
                                 ______
                                 
      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,

[[Page 1395]]

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.

                          ____________________