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[House Report 112-654]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-654

======================================================================

 
         HAZARDOUS WASTE ELECTRONIC MANIFEST ESTABLISHMENT ACT

                                _______
                                

 September 10, 2012.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Upton, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 710]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (S. 710) to amend the Solid Waste Disposal Act to 
direct the Administrator of the Environmental Protection Agency 
to establish a hazardous waste electronic manifest system, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     5
Background and Need for Legislation..............................     6
Hearings.........................................................     7
Committee Consideration..........................................     7
Commitee Votes...................................................     7
Committee Oversight Findings.....................................     7
Statement of General Performance, Goals and Objectives...........     7
New Budget Authority, Entitlement Authority, and Tax Expenditures     8
Earmarks.........................................................     8
Committee Cost Estimate..........................................     8
Congressional Budget Office Estimate.............................     8
Federal Mandates Statement.......................................    11
Advisory Committee Statement.....................................    11
Applicability to Legislative Branch..............................    11
Section-by-Section Analysis of Legislation.......................    11
Changes in Existing Law Made by the Bill, as Reported............    13

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Hazardous Waste Electronic Manifest 
Establishment Act''.

SEC. 2. HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM.

  (a) In General.--Subtitle C of the Solid Waste Disposal Act (42 
U.S.C. 6921 et seq.) is amended by adding at the end the following:

``SEC. 3024. HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM.

  ``(a) Definitions.--In this section:
          ``(1) Board.--The term `Board' means the Hazardous Waste 
        Electronic Manifest System Advisory Board established under 
        subsection (f).
          ``(2) Fund.--The term `Fund' means the Hazardous Waste 
        Electronic Manifest System Fund established by subsection (d).
          ``(3) Person.--The term `person' includes an individual, 
        corporation (including a Government corporation), company, 
        association, firm, partnership, society, joint stock company, 
        trust, municipality, commission, Federal agency, State, 
        political subdivision of a State, or interstate body.
          ``(4) System.--The term `system' means the hazardous waste 
        electronic manifest system established under subsection (b).
          ``(5) User.--The term `user' means a hazardous waste 
        generator, a hazardous waste transporter, an owner or operator 
        of a hazardous waste treatment, storage, recycling, or disposal 
        facility, or any other person that--
                  ``(A) is required to use a manifest to comply with 
                any Federal or State requirement to track the shipment, 
                transportation, and receipt of hazardous waste or other 
                material that is shipped from the site of generation to 
                an off-site facility for treatment, storage, disposal, 
                or recycling; and
                  ``(B)(i) elects to use the system to complete and 
                transmit an electronic manifest format; or
                  ``(ii) submits to the system for data processing 
                purposes a paper copy of the manifest (or data from 
                such a paper copy), in accordance with such regulations 
                as the Administrator may promulgate to require such a 
                submission.
  ``(b) Establishment.--Not later than 3 years after the date of 
enactment of this section, the Administrator shall establish a 
hazardous waste electronic manifest system that may be used by any 
user.
  ``(c) User Fees.--
          ``(1) In general.--In accordance with paragraph (4), the 
        Administrator may impose on users such reasonable service fees 
        as the Administrator determines to be necessary to pay costs 
        incurred in developing, operating, maintaining, and upgrading 
        the system, including any costs incurred in collecting and 
        processing data from any paper manifest submitted to the system 
        after the date on which the system enters operation.
          ``(2) Collection of fees.--The Administrator shall--
                  ``(A) collect the fees described in paragraph (1) 
                from the users in advance of, or as reimbursement for, 
                the provision by the Administrator of system-related 
                services; and
                  ``(B) deposit the fees in the Fund.
          ``(3) Fee structure.--
                  ``(A) In general.--The Administrator, in consultation 
                with information technology vendors, shall determine 
                through the contract award process described in 
                subsection (e) the fee structure that is necessary to 
                recover the full cost to the Administrator of providing 
                system-related services, including--
                          ``(i) contractor costs relating to--
                                  ``(I) materials and supplies;
                                  ``(II) contracting and consulting;
                                  ``(III) overhead;
                                  ``(IV) information technology 
                                (including costs of hardware, software, 
                                and related services);
                                  ``(V) information management;
                                  ``(VI) collection of service fees;
                                  ``(VII) reporting and accounting; and
                                  ``(VIII) project management; and
                          ``(ii) costs of employment of direct and 
                        indirect Government personnel dedicated to 
                        establishing, managing, and maintaining the 
                        system.
                  ``(B) Adjustments in fee amount.--
                          ``(i) In general.--The Administrator, in 
                        consultation with the Board, shall increase or 
                        decrease the amount of a service fee determined 
                        under the fee structure described in 
                        subparagraph (A) to a level that will--
                                  ``(I) result in the collection of an 
                                aggregate amount for deposit in the 
                                Fund that is sufficient and not more 
                                than reasonably necessary to cover 
                                current and projected system-related 
                                costs (including any necessary system 
                                upgrades); and
                                  ``(II) minimize, to the maximum 
                                extent practicable, the accumulation of 
                                unused amounts in the Fund.
                          ``(ii) Exception for initial period of 
                        operation.--The requirement described in clause 
                        (i)(II) shall not apply to any additional fees 
                        that accumulate in the Fund, in an amount that 
                        does not exceed $2,000,000, during the 3-year 
                        period beginning on the date on which the 
                        system enters operation.
                          ``(iii) Timing of adjustments.--Adjustments 
                        to service fees described in clause (i) shall 
                        be made--
                                  ``(I) initially, at the time at which 
                                initial development costs of the system 
                                have been recovered by the 
                                Administrator such that the service fee 
                                may be reduced to reflect the 
                                elimination of the system development 
                                component of the fee; and
                                  ``(II) periodically thereafter, upon 
                                receipt and acceptance of the findings 
                                of any annual accounting or auditing 
                                report under subsection (d)(3), if the 
                                report discloses a significant 
                                disparity for a fiscal year between the 
                                funds collected from service fees under 
                                this subsection for the fiscal year and 
                                expenditures made for the fiscal year 
                                to provide system-related services.
          ``(4) Crediting and availability of fees.--Fees authorized 
        under this section shall be collected and available for 
        obligation only to the extent and in the amount provided in 
        advance in appropriations Acts.
  ``(d) Hazardous Waste Electronic Manifest System Fund.--
          ``(1) Establishment.--There is established in the Treasury of 
        the United States a revolving fund, to be known as the 
        `Hazardous Waste Electronic Manifest System Fund', consisting 
        of such amounts as are deposited in the Fund under subsection 
        (c)(2)(B).
          ``(2) Expenditures from fund.--
                  ``(A) In general.--Only to the extent provided in 
                advance in appropriations Acts, on request by the 
                Administrator, the Secretary of the Treasury shall 
                transfer from the Fund to the Administrator amounts 
                appropriated to pay costs incurred in developing, 
                operating, maintaining, and upgrading the system under 
                subsection (c).
                  ``(B) Use of funds by administrator.--Fees collected 
                by the Administrator and deposited in the Fund under 
                this section shall be available to the Administrator 
                subject to appropriations Acts for use in accordance 
                with this section without fiscal year limitation.
                  ``(C) Oversight of funds.--The Administrator shall 
                carry out all necessary measures to ensure that amounts 
                in the Fund are used only to carry out the goals of 
                establishing, operating, maintaining, upgrading, 
                managing, supporting, and overseeing the system.
          ``(3) Accounting and auditing.--
                  ``(A) Accounting.--For each 2-fiscal-year period, the 
                Administrator shall prepare and submit to the Committee 
                on Environment and Public Works and the Committee on 
                Appropriations of the Senate and the Committee on 
                Energy and Commerce and the Committee on Appropriations 
                of the House of Representatives a report that 
                includes--
                          ``(i) an accounting of the fees paid to the 
                        Administrator under subsection (c) and 
                        disbursed from the Fund for the period covered 
                        by the report, as reflected by financial 
                        statements provided in accordance with--
                                  ``(I) the Chief Financial Officers 
                                Act of 1990 (Public Law 101-576; 104 
                                Stat. 2838) and amendments made by that 
                                Act; and
                                  ``(II) the Government Management 
                                Reform Act of 1994 (Public Law 103-356; 
                                108 Stat. 3410) and amendments made by 
                                that Act; and
                          ``(ii) an accounting describing actual 
                        expenditures from the Fund for the period 
                        covered by the report for costs described in 
                        subsection (c)(1).
                  ``(B) Auditing.--
                          ``(i) In general.--For the purpose of section 
                        3515(c) of title 31, United States Code, the 
                        Fund shall be considered a component of an 
                        Executive agency.
                          ``(ii) Components of audit.--The annual audit 
                        required in accordance with sections 3515(b) 
                        and 3521 of title 31, United States Code, of 
                        the financial statements of activities carried 
                        out using amounts from the Fund shall include 
                        an analysis of--
                                  ``(I) the fees collected and 
                                disbursed under this section;
                                  ``(II) the reasonableness of the fee 
                                structure in place as of the date of 
                                the audit to meet current and projected 
                                costs of the system;
                                  ``(III) the level of use of the 
                                system by users; and
                                  ``(IV) the success to date of the 
                                system in operating on a self-
                                sustaining basis and improving the 
                                efficiency of tracking waste shipments 
                                and transmitting waste shipment data.
                          ``(iii) Federal responsibility.--The 
                        Inspector General of the Environmental 
                        Protection Agency shall--
                                  ``(I) conduct the annual audit 
                                described in clause (ii); and
                                  ``(II) submit to the Administrator a 
                                report that describes the findings and 
                                recommendations of the Inspector 
                                General resulting from the audit.
  ``(e) Contracts.--
          ``(1) Authority to enter into contracts funded by service 
        fees.--The Administrator may enter into 1 or more information 
        technology contracts with entities determined to be appropriate 
        by the Administrator (referred to in this subsection as 
        `contractors') for the provision of system-related services.
          ``(2) Term of contract.--A contract awarded under this 
        subsection shall have a term of not more than 10 years.
          ``(3) Achievement of goals.--The Administrator shall ensure, 
        to the maximum extent practicable, that a contract awarded 
        under this subsection--
                  ``(A) is performance-based;
                  ``(B) identifies objective outcomes; and
                  ``(C) contains performance standards that may be used 
                to measure achievement and goals to evaluate the 
                success of a contractor in performing under the 
                contract and the right of the contractor to payment for 
                services under the contract, taking into consideration 
                that a primary measure of successful performance shall 
                be the development of a hazardous waste electronic 
                manifest system that--
                          ``(i) meets the needs of the user community 
                        (including States that rely on data contained 
                        in manifests);
                          ``(ii) attracts sufficient user participation 
                        and service fee revenues to ensure the 
                        viability of the system;
                          ``(iii) decreases the administrative burden 
                        on the user community; and
                          ``(iv) provides the waste receipt data 
                        applicable to the biennial reports required by 
                        section 3002(a)(6).
          ``(4) Payment structure.--Each contract awarded under this 
        subsection shall include a provision that specifies--
                  ``(A) the service fee structure of the contractor 
                that will form the basis for payments to the 
                contractor; and
                  ``(B) the fixed-share ratio of monthly service fee 
                revenues from which the Administrator shall reimburse 
                the contractor for system-related development, 
                operation, and maintenance costs.
          ``(5) Cancellation and termination.--
                  ``(A) In general.--If the Administrator determines 
                that sufficient funds are not made available for the 
                continuation in a subsequent fiscal year of a contract 
                entered into under this subsection, the Administrator 
                may cancel or terminate the contract.
                  ``(B) Negotiation of amounts.--The amount payable in 
                the event of cancellation or termination of a contract 
                entered into under this subsection shall be negotiated 
                with the contractor at the time at which the contract 
                is awarded.
          ``(6) No effect on ownership.--Regardless of whether the 
        Administrator enters into a contract under this subsection, the 
        system shall be owned by the Federal Government.
  ``(f) Hazardous Waste Electronic Manifest System Advisory Board.--
          ``(1) Establishment.--Not later than 3 years after the date 
        of enactment of this section, the Administrator shall establish 
        a board to be known as the `Hazardous Waste Electronic Manifest 
        System Advisory Board'.
          ``(2) Composition.--The Board shall be composed of 9 members, 
        of which--
                  ``(A) 1 member shall be the Administrator (or a 
                designee), who shall serve as Chairperson of the Board; 
                and
                  ``(B) 8 members shall be individuals appointed by the 
                Administrator--
                          ``(i) at least 2 of whom shall have expertise 
                        in information technology;
                          ``(ii) at least 3 of whom shall have 
                        experience in using or represent users of the 
                        manifest system to track the transportation of 
                        hazardous waste under this subtitle (or an 
                        equivalent State program); and
                          ``(iii) at least 3 of whom shall be a State 
                        representative responsible for processing those 
                        manifests.
          ``(3) Duties.--The Board shall meet annually to discuss, 
        evaluate the effectiveness of, and provide recommendations to 
        the Administrator relating to, the system.
  ``(g) Regulations.--
          ``(1) Promulgation.--
                  ``(A) In general.--Not later than 1 year after the 
                date of enactment of this section, the Administrator 
                shall promulgate regulations to carry out this section.
                  ``(B) Inclusions.--The regulations promulgated 
                pursuant to subparagraph (A) may include such 
                requirements as the Administrator determines to be 
                necessary to facilitate the transition from the use of 
                paper manifests to the use of electronic manifests, or 
                to accommodate the processing of data from paper 
                manifests in the electronic manifest system, including 
                a requirement that users of paper manifests submit to 
                the system copies of the paper manifests for data 
                processing purposes.
                  ``(C) Requirements.--The regulations promulgated 
                pursuant to subparagraph (A) shall ensure that each 
                electronic manifest provides, to the same extent as 
                paper manifests under applicable Federal and State law, 
                for--
                          ``(i) the ability to track and maintain legal 
                        accountability of--
                                  ``(I) the person that certifies that 
                                the information provided in the 
                                manifest is accurately described; and
                                  ``(II) the person that acknowledges 
                                receipt of the manifest;
                          ``(ii) if the manifest is electronically 
                        submitted, State authority to access paper 
                        printout copies of the manifest from the 
                        system; and
                          ``(iii) access to all publicly available 
                        information contained in the manifest.
          ``(2) Effective date of regulations.--Any regulation 
        promulgated by the Administrator under paragraph (1) and in 
        accordance with section 3003 relating to electronic manifesting 
        of hazardous waste shall take effect in each State as of the 
        effective date specified in the regulation.
          ``(3) Administration.--The Administrator shall carry out 
        regulations promulgated under this subsection in each State 
        unless the State program is fully authorized to carry out such 
        regulations in lieu of the Administrator.
  ``(h) Requirement of Compliance With Respect to Certain States.--In 
any case in which the State in which waste is generated, or the State 
in which waste will be transported to a designated facility, requires 
that the waste be tracked through a hazardous waste manifest, the 
designated facility that receives the waste shall, regardless of the 
State in which the facility is located--
          ``(1) complete the facility portion of the applicable 
        manifest;
          ``(2) sign and date the facility certification; and
          ``(3) submit to the system a final copy of the manifest for 
        data processing purposes.
  ``(i) Authorization for Start-up Activities.--There are authorized to 
be appropriated $2,000,000 for each of fiscal years 2013 through 2015 
for start-up activities to carry out this section, to be offset by 
collection of user fees under subsection (c) such that all such 
appropriated funds are offset by fees as provided in subsection (c).''.
  (b) Conforming Amendment.--The table of contents of the Solid Waste 
Disposal Act (42 U.S.C. 6901) is amended by inserting at the end of the 
items relating to subtitle C the following:

``Sec. 3024. Hazardous waste electronic manifest system.''.

                          Purpose and Summary

    This legislation amends Subtitle C of the Solid Waste 
Disposal Act, otherwise known as the Resource Conservation and 
Recovery Act (RCRA), to direct the Administrator of the 
Environmental Protection Agency (EPA) to establish a hazardous 
waste electronic manifest system (system). The legislation 
requires EPA to create, through the use of one or more 
performance-based and goal-oriented contracts with outside 
vendors, a system that may be used at the option of any entity 
required to complete or file a hazardous waste manifest. S. 710 
also authorizes EPA to establish and collect fees paid by users 
of the system, and deposit those fees into a fund solely to pay 
the costs of the system. The bill also requires EPA to create a 
Hazardous Waste Electronic Manifest System Governing Board to 
evaluate the manifest system and to periodically report on the 
financial status of the fund to Congress. In addition, the bill 
requires EPA's Inspector General to perform an annual audit of 
the system, including an evaluation of the reasonableness of 
the fees.
    The amendment adopted by the Committee allows the fees to 
be collected and obligated, in accordance with appropriations 
acts and only for use on the system. It also authorizes start-
up activities to be funded in advance of collection of fees, 
such that all program costs are offset by fee collection. By 
contrast, S. 710, as passed by the Senate, provides for 
mandatory spending and fee collection not subject to 
appropriations acts. Finally, the amendment deletes certain 
contract details specified in S. 710 as approved by the Senate.

                  Background and Need for Legislation

    Subtitle C of RCRA establishes a Federal program to 
regulate hazardous waste management and disposal. Section 3002 
of RCRA requires use of a manifest system to assure that 
hazardous waste generated is designated for treatment, storage, 
or disposal in, and arrives at, treatment, storage, or disposal 
facilities. Since 1980, EPA has required use of the Hazardous 
Waste Manifest System (HWMS), a set of multi-copy paper forms, 
reports, and procedures designed to track hazardous waste from 
the time it leaves the facility where it was generated until it 
reaches the off-site waste management facility that will store, 
treat, or dispose of it.
    In order to verify that waste has been properly delivered, 
and that no waste is lost or unaccounted for in the process, 
paper copies of the manifest must accompany the waste as it is 
transported. Once the waste reaches its destination, the 
receiving facility must mail a signed paper copy of the 
manifest to the generator to be kept on file confirming that 
the waste has been received by the designated facility.\1\ Some 
States have additional submission mandates.
---------------------------------------------------------------------------
    \1\http://www.epa.gov/wastes/hazard/transportation/manifest/
index.htm.
---------------------------------------------------------------------------
    EPA requires that the manifest contain information on the 
type and quantity of the waste being transported, instructions 
for handling the waste, and signatures for all parties involved 
in the disposal process, from original generator to final 
disposer.
    In the event of an emergency or release of hazardous waste 
the manifest can provide response personnel with a variety of 
useful information, including data on the hazardous waste's 
potential to threaten human health and the environment.
    Notwithstanding the 2006 changes, EPA has stated that the 
paper hazardous waste manifest burden constitutes the most 
expensive paperwork requirement EPA imposes under Subtitle C of 
the RCRA. The EPA estimates that the cost of the paperwork 
burden on States and private entities from manifests to be from 
$193 million to over $400 million annually.
    Besides eliminating most of the manual processing steps 
involved with the paper-driven system, EPA also believes an 
electronic system will produce better quality data, provide 
nearly real-time tracking, serve as a single point of contact 
for both Federal and State required manifest data reporting, 
and reduce the need for onsite labor intensive inspection of 
paper records.\2\
---------------------------------------------------------------------------
    \2\EPA testimony before Subcommittee on Environment and the 
Economy, June 21, 2012.
---------------------------------------------------------------------------

                                Hearings

    On June 21, 2012, the Subcommittee on Environment and the 
Economy held a hearing entitled ``Electronic Submissions of 
Hazardous Waste Manifests--Modernizing for the 21st Century.'' 
The Subcommittee received testimony from Suzanne Rudzinski, 
Director, Office of Resource Conservation and Recovery, Office 
of Solid Waste and Emergency Response, U.S. Environmental 
Protection Agency; Lisa Silvia, Senior Waste Inspector, 
Virginia Department of Environmental Quality, on behalf of the 
Association of State and Territorial Solid Waste Management 
Officials; and David Case, Executive Director, Environmental 
Technology Council. Witnesses discussed S. 710 and EPA detailed 
the new statutory authority it would need to establish an 
electronic system.

                        Committee Consideration

    S. 710 was referred to the Committee on Energy and 
Commerce, and Representative John Shimkus, Chairman of the 
Subcommittee on Environment and the Economy, distributed an 
amendment in the nature of a substitute to S. 710 on July 24, 
2012.
    On July 26, 2012, the Subcommittee on Environment and the 
Economy met in open markup session to consider S. 710. Only one 
amendment, Representative Shimkus' amendment in the nature of a 
substitute, was offered, and it was adopted by a voice vote. 
The Subcommittee on Environment and the Economy ordered S. 710 
favorably reported, as amended, to the full Committee by a 
voice vote.
    On July 31, 2012, the Committee on Energy and Commerce met 
in open markup session to consider S. 710, as amended by the 
Subcommittee on Environment and the Economy. No amendments were 
offered to S. 710, and the Committee ordered S. 710 favorably 
reported to the House, as amended.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, S. 710 was reported by voice vote 
with a majority quorum present. There was no request for a 
recorded vote.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee made findings that are 
reflected in this report.

         Statement of General Performance Goals and Objectives

    S. 710, the ``Hazardous Waste Electronic Manifest 
Establishment Act,'' facilitates creation of a system for 
electronic submission and tracking of hazardous waste manifests 
pursuant to Subtitle C of RCRA. The legislation requires EPA to 
create, through the use of one or more performance-based and 
goal-oriented contracts with outside vendors, a system that may 
be used by any entity required to complete or file a manifest. 
Subject to appropriations, S. 710 authorizes EPA to establish 
and collect a user fee to pay for building, operating, 
upgrading, and maintaining the system. S. 710 also requires EPA 
to create a Hazardous Waste Electronic Manifest System Board to 
evaluate the manifest system; periodically report on the 
financial status of the fund to Congress; and have EPA's 
Inspector General provide an accounting of the actual 
expenditures from the fund.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that S. 
710, the ``Hazardous Waste Electronic Manifest Establishment 
Act,'' as amended by the Committee on Energy and Commerce, 
would result in no new or increased budget authority, no 
entitlement authority, and no tax expenditures. Revenues 
collected from system users would fully offset new budget 
authority.

                                Earmarks

    In compliance with clause 9(e), 9(f), and 9(g) of rule XXI 
of the Rules of the House of Representatives, the Committee 
finds that S. 710, the ``Hazardous Waste Electronic Manifest 
Establishment Act,'' as amended by the Committee on Energy and 
Commerce, contains no earmarks, limited tax benefits, or 
limited tariff benefits.

                        Committee Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974.

                                                   August 21, 2012.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 710, the Hazardous 
Waste Electronic Manifest Establishment Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 710--Hazardous Waste Electronic Manifest Establishment Act

    Summary: S. 710 would direct the Environmental Protection 
Agency (EPA) to establish an electronic manifest system to 
track the handling of hazardous waste. This legislation would 
authorize the appropriation of $6 million over the 2013-2015 
period for EPA to establish the system. In addition, subject to 
provisions in future appropriations acts, this legislation 
would authorize EPA to collect user fees to offset the cost of 
developing, operating, and maintaining the system.
    Under current law, individuals who handle hazardous waste 
must prepare a paper manifest that completely documents how 
hazardous waste is disposed of from the time it is generated 
through treatment, storage, and disposal. Under S. 710, 
generators and transporters of hazardous waste and the owners 
and operators of facilities that treat, store, or dispose of 
hazardous waste could elect to use the proposed electronic 
manifest system or the existing paper system.
    Subject to appropriation of the necessary amounts, CBO 
estimates that over the 2013-2017 period, EPA would spend about 
$15 million to create the electronic manifest system. We also 
estimate that EPA would collect user fees totaling $12 million 
over that same period. Thus, CBO estimates that implementing 
this legislation would have a net cost of $3 million over the 
2013-2017 period. Pay-as-you-go procedures do not apply to S. 
710 because the legislation would not affect direct spending or 
revenues.
    S. 710 would impose intergovernmental and private-sector 
mandates, as defined in the Unfunded Mandates Reform Act 
(UMRA), on facilities that handle hazardous waste. CBO 
estimates that the cost of the mandates would fall below the 
annual thresholds established in UMRA ($73 million for 
intergovernmental mandates and $146 million for private-sector 
mandates in 2012, adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 710 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2013     2014     2015     2016     2017   2013-2017
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Gross Spending:
    Estimated Authorization Level.......................        3        3        3        3        3        15
    Estimated Outlays...................................        3        3        3        3        3        15
Fees:
    Estimated Authorization Level.......................        0        0        0       -6       -6       -12
    Estimated Outlays...................................        0        0        0       -6       -6       -12
Net Spending:
    Estimated Authorization Level.......................        3        3        3       -3       -3         3
    Estimated Outlays...................................        3        3        3       -3       -3         3
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
710 will be enacted near the beginning of fiscal year 2013, 
that the necessary amounts to implement this legislation will 
be appropriated for each year, and the authority to collect 
fees will be provided.

Gross spending

    S. 710 would authorize the appropriation of $6 million over 
the 2013-2015 period for EPA to establish an electronic 
manifest system to track the handling of hazardous waste. That 
amount would cover contract costs to develop the manifest 
system. Based on information from EPA, CBO estimates that EPA 
would require additional appropriations of $3 million over the 
2013-2015 period to oversee the system's development. EPA's 
administrative expenses include outreach; regulatory 
development; system and security planning, procurement, and 
project management. After 2015, we estimate that EPA would 
spend about $3 million annually to operate and maintain the 
system. Thus, CBO estimates that implementing this legislation 
would have a gross cost of $15 million over the 2013-2017 
period, assuming appropriation of the specified and estimated 
amounts.

Fees

    Under S. 710, EPA would be authorized, subject to 
provisions in future appropriations acts, to collect fees to 
offset the cost of establishing, operating, and maintaining the 
new system. Based on information from EPA, CBO expects that the 
agency would not collect fees before the new system is in use, 
beginning in 2016. CBO estimates that EPA would collect $6 
million in each of 2016, 2017, and 2018 to recover its 
operating costs in those years and the initial amounts spent to 
develop the system over the 2012-2015 period. We expect that 
the agency would reduce fees once the system development costs 
were recouped.
    Based on information from EPA, CBO estimates that about 
114,000 users would obtain electronic manifests in 2016, with 
participation reaching 227,000 users in subsequent years. We 
estimate that, under this legislation, EPA would collect annual 
fees from those participants totaling $12 million over the 
2013-2017 period. After 2018, CBO estimates that fees would be 
reduced to match the annual operating and maintenance costs 
associated with the tracking system.
    Intergovernmental and private-sector impact: S. 710 
contains intergovernmental and private-sector mandates, as 
defined in UMRA, on facilities that handle hazardous waste. CBO 
estimates that the cost of the mandates would fall below the 
annual thresholds established in UMRA ($73 million for 
intergovernmental mandates and $146 million for private-sector 
mandates in 2012, adjusted annually for inflation).

Mandates

    The act would require waste management facilities that 
receive hazardous waste generated in or shipped through other 
states to submit copies of shipment manifests to EPA. The act 
also would authorize EPA to require those facilities and any 
hazardous waste management facilities that use a paper system 
to submit a copy of the manifest to the electronic system 
established under the act. The affected facilities would 
primarily be private entities but could include municipal and 
county landfills. Because the cost to complete a manifest and 
to submit a paper copy to the electronic system would be 
minimal, CBO estimates that the cost to comply with the 
mandates would be small.
    The act also would authorize EPA to establish fees for 
users of the electronic manifest system, which could include 
those facilities that are required to submit a copy of a paper 
manifest. CBO estimates that such fees would total $6 million 
or less annually beginning in fiscal year 2016.

Other Impacts

    CBO expects that users of the electronic manifest system 
created by the act could save money in comparison to using a 
paper system. Users include generators, transporters, and 
recipients of hazardous waste, as well as state agencies that 
collect copies of manifests.
    Previous CBO cost estimate: On May 6, 2011, CBO transmitted 
a cost estimate for S. 710, the Hazardous Waste Electronic 
Manifest Establishment Act, as ordered reported by the Senate 
Committee on Environment and Public Works on April 15, 2011. 
Both versions of S. 710 would require that EPA establish an 
electronic manifest system to track hazardous waste, but the 
funding mechanisms for the systems provided in each are 
different. The two CBO cost estimates reflect those 
differences.
    Estimate prepared by: Federal costs: Susanne S. Mehlman; 
Impact on state, local, and tribal governments: Melissa 
Merrell; Impact on the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    S. 710, the ``Hazardous Waste Electronic Manifest 
Establishment Act,'' as amended by the Committee on Energy and 
Commerce, creates one advisory committee, which is within the 
meaning and requirements of section 5(b) of the Federal 
Advisory Committee Act.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Section-by-Section Analysis of Legislation

    S. 710, as amended, adds a new section 3024 to Subtitle C 
of the Solid Waste Disposal Act. New section 3024 contains nine 
subsections, as follows:
    Subsection (a) defines ``Board,'' ``Fund,'' ``System,'' 
``Person,'' and ``User,'' each as used in new Section 3024.
    Subsection (b) requires that, not later than three years 
after enactment, the EPA Administrator establish a system that 
may be used by any user.
    Subsection (c) authorizes the Administrator, in accordance 
with appropriations acts, to impose reasonable service fees 
necessary to pay costs incurred in developing, operating, 
maintaining, and upgrading the system. Subparagraph (c)(3)(B) 
requires the Administrator, in consultation with the Board 
established in Subsection (f), to increase or decrease the 
amount of the service fee to a level sufficient and not more 
than reasonably necessary to cover current and projected 
system-related costs, and to minimize accumulation of unused 
amounts in the Fund. The Committee amendment added the 
requirement that fees be adjusted to ensure that they are ``not 
more than reasonably necessary'' to cover system costs to 
ensure that users are not overcharged for the system if 
appropriations acts appropriate more than needed to make the 
system function effectively. The Committee expects that 
appropriations acts that follow such a fee adjustment will take 
into account the reasons for and the amount of the adjustment. 
The Committee also added to subsection (c) a new paragraph (4) 
on ``Crediting and Availability of Fees.'' Paragraph (4) 
provides that fees authorized under new section 3024 are to be 
collected and available for obligation only to the extent and 
in the amount provided in advance in appropriations acts.
    Subsection (d) establishes in the U.S. Treasury a fund 
consisting of amounts deposited in the fund under subsection 
(c) to be used solely to carry out the purposes of the system. 
Subsection (d) also requires the EPA Inspector General to 
conduct an audit of fees paid and disbursed, including the 
reasonableness of the fee structure to meet system costs, the 
level of use, and the operating success of the system. 
Subsection (d) also requires the Administrator to report to 
Congress, for each 2-fiscal-year period, an accounting of fees 
paid and disbursed.
    Subsection (e) authorizes the Administrator to enter into 
contracts for system-related services that have terms of not 
more than 10 years, are performance based, identify objective 
outcomes, contain performance standards, and specify the 
service fee structure that forms the basis of payments to the 
contractor. The Committee amendment deletes an explicit 
contract condition that appeared in subparagraph (e)(1)(b) as 
originally approved by the Senate, which provided that the 
contractor would assume the initial risk of the information 
technology investment. Instead, the Committee leaves new 
section 3024 silent on this subject in order to ensure that 
contracting parties have flexibility to adopt whatever 
combination of contract terms affords effective and economic 
system design, development, and performance. The Committee 
expects the Administrator will not secure contracts at costs 
that exceed the fair market value of the procured goods and 
services.
    Subsection (f) establishes a hazardous waste electronic 
manifest system advisory board to evaluate the effectiveness 
of, and provide recommendations to the Administrator relating 
to, the system.
    Subsection (g) requires the Administrator, not later than 
one year after enactment, to promulgate regulations to carry 
out new Solid Waste Disposal Act section 3024.
    Subsection (h) requires that facilities that receive 
hazardous waste submit a manifest if a State in which the waste 
was generated, or in which the waste is transported, requires 
tracking with a manifest.
    Subsection (i) authorizes $2 million to be appropriated for 
each of fiscal years 2013-2015 for start-up activities to carry 
out new section 3024. The start-up appropriations are required 
to be offset by the collection of user fees so that all 
appropriated funds are offset by fees as provided in subsection 
(c).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                        SOLID WASTE DISPOSAL ACT

                     TITLE II--SOLID WASTE DISPOSAL

                     Subtitle A--General Provisions

                   SHORT TITLE AND TABLE OF CONTENTS

  Sec. 1001. This title (hereinafter in this title referred to 
as ``this Act''), together with the following table of 
contents, may be cited as the ``Solid Waste Disposal Act'':
     * * * * * * *

                 Subtitle C--Hazardous Waste Management

Sec. 3001. Identification and listing of hazardous waste.
     * * * * * * *
Sec. 3024. Hazardous waste electronic manifest system.

           *       *       *       *       *       *       *

Subtitle C--Hazardous Waste Management

           *       *       *       *       *       *       *

SEC. 3024. HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM.

  (a) Definitions.--In this section:
          (1) Board.--The term ``Board'' means the Hazardous 
        Waste Electronic Manifest System Advisory Board 
        established under subsection (f).
          (2) Fund.--The term ``Fund'' means the Hazardous 
        Waste Electronic Manifest System Fund established by 
        subsection (d).
          (3) Person.--The term ``person'' includes an 
        individual, corporation (including a Government 
        corporation), company, association, firm, partnership, 
        society, joint stock company, trust, municipality, 
        commission, Federal agency, State, political 
        subdivision of a State, or interstate body.
          (4) System.--The term ``system'' means the hazardous 
        waste electronic manifest system established under 
        subsection (b).
          (5) User.--The term ``user'' means a hazardous waste 
        generator, a hazardous waste transporter, an owner or 
        operator of a hazardous waste treatment, storage, 
        recycling, or disposal facility, or any other person 
        that--
                  (A) is required to use a manifest to comply 
                with any Federal or State requirement to track 
                the shipment, transportation, and receipt of 
                hazardous waste or other material that is 
                shipped from the site of generation to an off-
                site facility for treatment, storage, disposal, 
                or recycling; and
                  (B)(i) elects to use the system to complete 
                and transmit an electronic manifest format; or
                  (ii) submits to the system for data 
                processing purposes a paper copy of the 
                manifest (or data from such a paper copy), in 
                accordance with such regulations as the 
                Administrator may promulgate to require such a 
                submission.
  (b) Establishment.--Not later than 3 years after the date of 
enactment of this section, the Administrator shall establish a 
hazardous waste electronic manifest system that may be used by 
any user.
  (c) User Fees.--
          (1) In general.--In accordance with paragraph (4), 
        the Administrator may impose on users such reasonable 
        service fees as the Administrator determines to be 
        necessary to pay costs incurred in developing, 
        operating, maintaining, and upgrading the system, 
        including any costs incurred in collecting and 
        processing data from any paper manifest submitted to 
        the system after the date on which the system enters 
        operation.
          (2) Collection of fees.--The Administrator shall--
                  (A) collect the fees described in paragraph 
                (1) from the users in advance of, or as 
                reimbursement for, the provision by the 
                Administrator of system-related services; and
                  (B) deposit the fees in the Fund.
          (3) Fee structure.--
                  (A) In general.--The Administrator, in 
                consultation with information technology 
                vendors, shall determine through the contract 
                award process described in subsection (e) the 
                fee structure that is necessary to recover the 
                full cost to the Administrator of providing 
                system-related services, including--
                          (i) contractor costs relating to--
                                  (I) materials and supplies;
                                  (II) contracting and 
                                consulting;
                                  (III) overhead;
                                  (IV) information technology 
                                (including costs of hardware, 
                                software, and related 
                                services);
                                  (V) information management;
                                  (VI) collection of service 
                                fees;
                                  (VII) reporting and 
                                accounting; and
                                  (VIII) project management; 
                                and
                          (ii) costs of employment of direct 
                        and indirect Government personnel 
                        dedicated to establishing, managing, 
                        and maintaining the system.
                  (B) Adjustments in fee amount.--
                          (i) In general.--The Administrator, 
                        in consultation with the Board, shall 
                        increase or decrease the amount of a 
                        service fee determined under the fee 
                        structure described in subparagraph (A) 
                        to a level that will--
                                  (I) result in the collection 
                                of an aggregate amount for 
                                deposit in the Fund that is 
                                sufficient and not more than 
                                reasonably necessary to cover 
                                current and projected system-
                                related costs (including any 
                                necessary system upgrades); and
                                  (II) minimize, to the maximum 
                                extent practicable, the 
                                accumulation of unused amounts 
                                in the Fund.
                          (ii) Exception for initial period of 
                        operation.--The requirement described 
                        in clause (i)(II) shall not apply to 
                        any additional fees that accumulate in 
                        the Fund, in an amount that does not 
                        exceed $2,000,000, during the 3-year 
                        period beginning on the date on which 
                        the system enters operation.
                          (iii) Timing of adjustments.--
                        Adjustments to service fees described 
                        in clause (i) shall be made--
                                  (I) initially, at the time at 
                                which initial development costs 
                                of the system have been 
                                recovered by the Administrator 
                                such that the service fee may 
                                be reduced to reflect the 
                                elimination of the system 
                                development component of the 
                                fee; and
                                  (II) periodically thereafter, 
                                upon receipt and acceptance of 
                                the findings of any annual 
                                accounting or auditing report 
                                under subsection (d)(3), if the 
                                report discloses a significant 
                                disparity for a fiscal year 
                                between the funds collected 
                                from service fees under this 
                                subsection for the fiscal year 
                                and expenditures made for the 
                                fiscal year to provide system-
                                related services.
          (4) Crediting and availability of fees.--Fees 
        authorized under this section shall be collected and 
        available for obligation only to the extent and in the 
        amount provided in advance in appropriations Acts.
  (d) Hazardous Waste Electronic Manifest System Fund.--
          (1) Establishment.--There is established in the 
        Treasury of the United States a revolving fund, to be 
        known as the ``Hazardous Waste Electronic Manifest 
        System Fund'', consisting of such amounts as are 
        deposited in the Fund under subsection (c)(2)(B).
          (2) Expenditures from fund.--
                  (A) In general.--Only to the extent provided 
                in advance in appropriations Acts, on request 
                by the Administrator, the Secretary of the 
                Treasury shall transfer from the Fund to the 
                Administrator amounts appropriated to pay costs 
                incurred in developing, operating, maintaining, 
                and upgrading the system under subsection (c).
                  (B) Use of funds by administrator.--Fees 
                collected by the Administrator and deposited in 
                the Fund under this section shall be available 
                to the Administrator subject to appropriations 
                Acts for use in accordance with this section 
                without fiscal year limitation.
                  (C) Oversight of funds.--The Administrator 
                shall carry out all necessary measures to 
                ensure that amounts in the Fund are used only 
                to carry out the goals of establishing, 
                operating, maintaining, upgrading, managing, 
                supporting, and overseeing the system.
          (3) Accounting and auditing.--
                  (A) Accounting.--For each 2-fiscal-year 
                period, the Administrator shall prepare and 
                submit to the Committee on Environment and 
                Public Works and the Committee on 
                Appropriations of the Senate and the Committee 
                on Energy and Commerce and the Committee on 
                Appropriations of the House of Representatives 
                a report that includes--
                          (i) an accounting of the fees paid to 
                        the Administrator under subsection (c) 
                        and disbursed from the Fund for the 
                        period covered by the report, as 
                        reflected by financial statements 
                        provided in accordance with--
                                  (I) the Chief Financial 
                                Officers Act of 1990 (Public 
                                Law 101-576; 104 Stat. 2838) 
                                and amendments made by that 
                                Act; and
                                  (II) the Government 
                                Management Reform Act of 1994 
                                (Public Law 103-356; 108 Stat. 
                                3410) and amendments made by 
                                that Act; and
                          (ii) an accounting describing actual 
                        expenditures from the Fund for the 
                        period covered by the report for costs 
                        described in subsection (c)(1).
                  (B) Auditing.--
                          (i) In general.--For the purpose of 
                        section 3515(c) of title 31, United 
                        States Code, the Fund shall be 
                        considered a component of an Executive 
                        agency.
                          (ii) Components of audit.--The annual 
                        audit required in accordance with 
                        sections 3515(b) and 3521 of title 31, 
                        United States Code, of the financial 
                        statements of activities carried out 
                        using amounts from the Fund shall 
                        include an analysis of--
                                  (I) the fees collected and 
                                disbursed under this section;
                                  (II) the reasonableness of 
                                the fee structure in place as 
                                of the date of the audit to 
                                meet current and projected 
                                costs of the system;
                                  (III) the level of use of the 
                                system by users; and
                                  (IV) the success to date of 
                                the system in operating on a 
                                self-sustaining basis and 
                                improving the efficiency of 
                                tracking waste shipments and 
                                transmitting waste shipment 
                                data.
                          (iii) Federal responsibility.--The 
                        Inspector General of the Environmental 
                        Protection Agency shall--
                                  (I) conduct the annual audit 
                                described in clause (ii); and
                                  (II) submit to the 
                                Administrator a report that 
                                describes the findings and 
                                recommendations of the 
                                Inspector General resulting 
                                from the audit.
  (e) Contracts.--
          (1) Authority to enter into contracts funded by 
        service fees.--The Administrator may enter into 1 or 
        more information technology contracts with entities 
        determined to be appropriate by the Administrator 
        (referred to in this subsection as ``contractors'') for 
        the provision of system-related services.
          (2) Term of contract.--A contract awarded under this 
        subsection shall have a term of not more than 10 years.
          (3) Achievement of goals.--The Administrator shall 
        ensure, to the maximum extent practicable, that a 
        contract awarded under this subsection--
                  (A) is performance-based;
                  (B) identifies objective outcomes; and
                  (C) contains performance standards that may 
                be used to measure achievement and goals to 
                evaluate the success of a contractor in 
                performing under the contract and the right of 
                the contractor to payment for services under 
                the contract, taking into consideration that a 
                primary measure of successful performance shall 
                be the development of a hazardous waste 
                electronic manifest system that--
                          (i) meets the needs of the user 
                        community (including States that rely 
                        on data contained in manifests);
                          (ii) attracts sufficient user 
                        participation and service fee revenues 
                        to ensure the viability of the system;
                          (iii) decreases the administrative 
                        burden on the user community; and
                          (iv) provides the waste receipt data 
                        applicable to the biennial reports 
                        required by section 3002(a)(6).
          (4) Payment structure.--Each contract awarded under 
        this subsection shall include a provision that 
        specifies--
                  (A) the service fee structure of the 
                contractor that will form the basis for 
                payments to the contractor; and
                  (B) the fixed-share ratio of monthly service 
                fee revenues from which the Administrator shall 
                reimburse the contractor for system-related 
                development, operation, and maintenance costs.
          (5) Cancellation and termination.--
                  (A) In general.--If the Administrator 
                determines that sufficient funds are not made 
                available for the continuation in a subsequent 
                fiscal year of a contract entered into under 
                this subsection, the Administrator may cancel 
                or terminate the contract.
                  (B) Negotiation of amounts.--The amount 
                payable in the event of cancellation or 
                termination of a contract entered into under 
                this subsection shall be negotiated with the 
                contractor at the time at which the contract is 
                awarded.
          (6) No effect on ownership.--Regardless of whether 
        the Administrator enters into a contract under this 
        subsection, the system shall be owned by the Federal 
        Government.
  (f) Hazardous Waste Electronic Manifest System Advisory 
Board.--
          (1) Establishment.--Not later than 3 years after the 
        date of enactment of this section, the Administrator 
        shall establish a board to be known as the ``Hazardous 
        Waste Electronic Manifest System Advisory Board''.
          (2) Composition.--The Board shall be composed of 9 
        members, of which--
                  (A) 1 member shall be the Administrator (or a 
                designee), who shall serve as Chairperson of 
                the Board; and
                  (B) 8 members shall be individuals appointed 
                by the Administrator--
                          (i) at least 2 of whom shall have 
                        expertise in information technology;
                          (ii) at least 3 of whom shall have 
                        experience in using or represent users 
                        of the manifest system to track the 
                        transportation of hazardous waste under 
                        this subtitle (or an equivalent State 
                        program); and
                          (iii) at least 3 of whom shall be a 
                        State representative responsible for 
                        processing those manifests.
          (3) Duties.--The Board shall meet annually to 
        discuss, evaluate the effectiveness of, and provide 
        recommendations to the Administrator relating to, the 
        system.
  (g) Regulations.--
          (1) Promulgation.--
                  (A) In general.--Not later than 1 year after 
                the date of enactment of this section, the 
                Administrator shall promulgate regulations to 
                carry out this section.
                  (B) Inclusions.--The regulations promulgated 
                pursuant to subparagraph (A) may include such 
                requirements as the Administrator determines to 
                be necessary to facilitate the transition from 
                the use of paper manifests to the use of 
                electronic manifests, or to accommodate the 
                processing of data from paper manifests in the 
                electronic manifest system, including a 
                requirement that users of paper manifests 
                submit to the system copies of the paper 
                manifests for data processing purposes.
                  (C) Requirements.--The regulations 
                promulgated pursuant to subparagraph (A) shall 
                ensure that each electronic manifest provides, 
                to the same extent as paper manifests under 
                applicable Federal and State law, for--
                          (i) the ability to track and maintain 
                        legal accountability of--
                                  (I) the person that certifies 
                                that the information provided 
                                in the manifest is accurately 
                                described; and
                                  (II) the person that 
                                acknowledges receipt of the 
                                manifest;
                          (ii) if the manifest is 
                        electronically submitted, State 
                        authority to access paper printout 
                        copies of the manifest from the system; 
                        and
                          (iii) access to all publicly 
                        available information contained in the 
                        manifest.
          (2) Effective date of regulations.--Any regulation 
        promulgated by the Administrator under paragraph (1) 
        and in accordance with section 3003 relating to 
        electronic manifesting of hazardous waste shall take 
        effect in each State as of the effective date specified 
        in the regulation.
          (3) Administration.--The Administrator shall carry 
        out regulations promulgated under this subsection in 
        each State unless the State program is fully authorized 
        to carry out such regulations in lieu of the 
        Administrator.
  (h) Requirement of Compliance With Respect to Certain 
States.--In any case in which the State in which waste is 
generated, or the State in which waste will be transported to a 
designated facility, requires that the waste be tracked through 
a hazardous waste manifest, the designated facility that 
receives the waste shall, regardless of the State in which the 
facility is located--
          (1) complete the facility portion of the applicable 
        manifest;
          (2) sign and date the facility certification; and
          (3) submit to the system a final copy of the manifest 
        for data processing purposes.
  (i) Authorization for Start-up Activities.--There are 
authorized to be appropriated $2,000,000 for each of fiscal 
years 2013 through 2015 for start-up activities to carry out 
this section, to be offset by collection of user fees under 
subsection (c) such that all such appropriated funds are offset 
by fees as provided in subsection (c).

           *       *       *       *       *       *       *

                                  
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