In the House of Representatives, U. S., 

September 11, 2012. 

Resolved, That the bill from the Senate (S. 710) entitled 

‘‘An Act to amend the Solid Waste Disposal Act to direct the 

Administrator of the Environmental Protection Agency to establish a hazardous waste electronic manifest system.’’, do 

pass with the following: 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Hazardous Waste Elec3 tronic Manifest Establishment Act’’. 

4 SEC. 2. HAZARDOUS WASTE ELECTRONIC MANIFEST SYS5 TEM. 

6 (a) IN GENERAL.—Subtitle C of the Solid Waste Dis7 posal Act (42 U.S.C. 6921 et seq.) is amended by adding 

8 at the end the following: 

9 ‘‘SEC. 3024. HAZARDOUS WASTE ELECTRONIC MANIFEST 

10 SYSTEM. 

11 ‘‘(a) DEFINITIONS.—In this section: 

12 ‘‘(1) BOARD.—The term ‘Board’ means the Haz13 ardous Waste Electronic Manifest System Advisory 

14 Board established under subsection (f). 
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1 ‘‘(2) FUND.—The term ‘Fund’ means the Haz2 ardous Waste Electronic Manifest System Fund estab3 lished by subsection (d). 

4 ‘‘(3) PERSON.—The term ‘person’ includes an in5 dividual, corporation (including a Government cor6 poration), company, association, firm, partnership, 

7 society, joint stock company, trust, municipality, 

8 commission, Federal agency, State, political subdivi9 sion of a State, or interstate body. 

10 ‘‘(4) SYSTEM.—The term ‘system’ means the haz11 ardous waste electronic manifest system established 

12 under subsection (b). 

13 ‘‘(5) USER.—The term ‘user’ means a hazardous 

14 waste generator, a hazardous waste transporter, an 

15 owner or operator of a hazardous waste treatment, 

16 storage, recycling, or disposal facility, or any other 

17 person that— 

18 ‘‘(A) is required to use a manifest to comply 

19 with any Federal or State requirement to track 

20 the shipment, transportation, and receipt of haz21 ardous waste or other material that is shipped 

22 from the site of generation to an off-site facility 

23 for treatment, storage, disposal, or recycling; and 

24 ‘‘(B)(i) elects to use the system to complete 

25 and transmit an electronic manifest format; or 
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1 ‘‘(ii) submits to the system for data proc2 essing purposes a paper copy of the manifest (or 

3 data from such a paper copy), in accordance 

4 with such regulations as the Administrator may 

5 promulgate to require such a submission. 

6 ‘‘(b) ESTABLISHMENT.—Not later than 3 years after 

7 the date of enactment of this section, the Administrator 

8 shall establish a hazardous waste electronic manifest system 

9 that may be used by any user. 

10 ‘‘(c) USER FEES.— 

11 ‘‘(1) IN GENERAL.—In accordance with para12 graph (4), the Administrator may impose on users 

13 such reasonable service fees as the Administrator de14 termines to be necessary to pay costs incurred in de15 veloping, operating, maintaining, and upgrading the 

16 system, including any costs incurred in collecting and 

17 processing data from any paper manifest submitted to 

18 the system after the date on which the system enters 

19 operation. 

20 ‘‘(2) COLLECTION OF FEES.—The Administrator 

21 shall— 

22 ‘‘(A) collect the fees described in paragraph 

23 (1) from the users in advance of, or as reim24 bursement for, the provision by the Adminis25 trator of system-related services; and 
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1 ‘‘(B) deposit the fees in the Fund. 

2 ‘‘(3) FEE STRUCTURE.— 

3 ‘‘(A) IN GENERAL.—The Administrator, in 

4 consultation with information technology ven5 dors, shall determine through the contract award 

6 process described in subsection (e) the fee struc7 ture that is necessary to recover the full cost to 

8 the Administrator of providing system-related 

9 services, including— 

10 ‘‘(i) contractor costs relating to— 

11 ‘‘(I) materials and supplies; 

12 ‘‘(II) contracting and consulting; 

13 ‘‘(III) overhead; 

14 ‘‘(IV) information technology (in15 cluding costs of hardware, software, 

16 and related services); 

17 ‘‘(V) information management; 

18 ‘‘(VI) collection of service fees; 

19 ‘‘(VII) reporting and accounting; 

20 and 

21 ‘‘(VIII) project management; and 

22 ‘‘(ii) costs of employment of direct and 

23 indirect Government personnel dedicated to 

24 establishing, managing, and maintaining 

25 the system. 
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1 ‘‘(B) ADJUSTMENTS IN FEE AMOUNT.— 

2 ‘‘(i) IN GENERAL.—The Administrator, 

3 in consultation with the Board, shall in4 crease or decrease the amount of a service 

5 fee determined under the fee structure de6 scribed in subparagraph (A) to a level that 

7 will— 

8 ‘‘(I) result in the collection of an 

9 aggregate amount for deposit in the 

10 Fund that is sufficient and not more 

11 than reasonably necessary to cover cur12 rent and projected system-related costs 

13 (including any necessary system up14 grades); and 

15 ‘‘(II) minimize, to the maximum 

16 extent practicable, the accumulation of 

17 unused amounts in the Fund. 

18 ‘‘(ii) EXCEPTION FOR INITIAL PERIOD

19 OF OPERATION.—The requirement described 

20 in clause (i)(II) shall not apply to any ad21 ditional fees that accumulate in the Fund, 

22 in an amount that does not exceed 

23 $2,000,000, during the 3-year period begin24 ning on the date on which the system enters 

25 operation. 
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1 ‘‘(iii) TIMING OF ADJUSTMENTS.—Ad2 justments to service fees described in clause 

3 (i) shall be made— 

4 ‘‘(I) initially, at the time at 

5 which initial development costs of the 

6 system have been recovered by the Ad7 ministrator such that the service fee 

8 may be reduced to reflect the elimi9 nation of the system development com10 ponent of the fee; and 

11 ‘‘(II) periodically thereafter, upon 

12 receipt and acceptance of the findings 

13 of any annual accounting or auditing 

14 report under subsection (d)(3), if the 

15 report discloses a significant disparity 

16 for a fiscal year between the funds col17 lected from service fees under this sub18 section for the fiscal year and expendi19 tures made for the fiscal year to pro20 vide system-related services. 

21 ‘‘(4) CREDITING AND AVAILABILITY OF FEES.— 

22 Fees authorized under this section shall be collected 

23 and available for obligation only to the extent and in 

24 the amount provided in advance in appropriations 

25 Acts. 
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1 ‘‘(d) HAZARDOUS WASTE ELECTRONIC MANIFEST

2 SYSTEM FUND.— 

3 ‘‘(1) ESTABLISHMENT.—There is established in 

4 the Treasury of the United States a revolving fund, 

5 to be known as the ‘Hazardous Waste Electronic 

6 Manifest System Fund’, consisting of such amounts 

7 as are deposited in the Fund under subsection 

8 (c)(2)(B). 

9 ‘‘(2) EXPENDITURES FROM FUND.— 

10 ‘‘(A) IN GENERAL.—Only to the extent pro11 vided in advance in appropriations Acts, on re12 quest by the Administrator, the Secretary of the 

13 Treasury shall transfer from the Fund to the Ad14 ministrator amounts appropriated to pay costs 

15 incurred in developing, operating, maintaining, 

16 and upgrading the system under subsection (c). 

17 ‘‘(B) USE OF FUNDS BY ADMINISTRATOR.— 

18 Fees collected by the Administrator and depos19 ited in the Fund under this section shall be 

20 available to the Administrator subject to appro21 priations Acts for use in accordance with this 

22 section without fiscal year limitation. 

23 ‘‘(C) OVERSIGHT OF FUNDS.—The Adminis24 trator shall carry out all necessary measures to 

25 ensure that amounts in the Fund are used only 
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1 to carry out the goals of establishing, operating, 

2 maintaining, upgrading, managing, supporting, 

3 and overseeing the system. 

4 ‘‘(3) ACCOUNTING AND AUDITING.— 

5 ‘‘(A) ACCOUNTING.—For each 2-fiscal-year 

6 period, the Administrator shall prepare and sub7 mit to the Committee on Environment and Pub8 lic Works and the Committee on Appropriations 

9 of the Senate and the Committee on Energy and 

10 Commerce and the Committee on Appropriations 

11 of the House of Representatives a report that in12 cludes— 

13 ‘‘(i) an accounting of the fees paid to 

14 the Administrator under subsection (c) and 

15 disbursed from the Fund for the period cov16 ered by the report, as reflected by financial 

17 statements provided in accordance with— 

18 ‘‘(I) the Chief Financial Officers 

19 Act of 1990 (Public Law 101–576; 104 

20 Stat. 2838) and amendments made by 

21 that Act; and 

22 ‘‘(II) the Government Manage23 ment Reform Act of 1994 (Public Law 

24 103–356; 108 Stat. 3410) and amend25 ments made by that Act; and 
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1 ‘‘(ii) an accounting describing actual 

2 expenditures from the Fund for the period 

3 covered by the report for costs described in 

4 subsection (c)(1). 

5 ‘‘(B) AUDITING.— 

6 ‘‘(i) IN GENERAL.—For the purpose of 

7 section 3515(c) of title 31, United States 

8 Code, the Fund shall be considered a compo9 nent of an Executive agency. 

10 ‘‘(ii) COMPONENTS OF AUDIT.—The 

11 annual audit required in accordance with 

12 sections 3515(b) and 3521 of title 31, 

13 United States Code, of the financial state14 ments of activities carried out using 

15 amounts from the Fund shall include an 

16 analysis of— 

17 ‘‘(I) the fees collected and dis18 bursed under this section; 

19 ‘‘(II) the reasonableness of the fee 

20 structure in place as of the date of the 

21 audit to meet current and projected 

22 costs of the system; 

23 ‘‘(III) the level of use of the sys24 tem by users; and 
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1 ‘‘(IV) the success to date of the 

2 system in operating on a self-sus3 taining basis and improving the effi4 ciency of tracking waste shipments and 

5 transmitting waste shipment data. 

6 ‘‘(iii) FEDERAL RESPONSIBILITY.—The 

7 Inspector General of the Environmental 

8 Protection Agency shall— 

9 ‘‘(I) conduct the annual audit de10 scribed in clause (ii); and 

11 ‘‘(II) submit to the Administrator 

12 a report that describes the findings and 

13 recommendations of the Inspector Gen14 eral resulting from the audit. 

15 ‘‘(e) CONTRACTS.— 

16 ‘‘(1) AUTHORITY TO ENTER INTO CONTRACTS

17 FUNDED BY SERVICE FEES.—After consultation with 

18 the Secretary of Transportation, the Administrator 

19 may enter into 1 or more information technology con20 tracts with entities determined to be appropriate by 

21 the Administrator (referred to in this subsection as 

22 ‘contractors’) for the provision of system-related serv23 ices. 
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1 ‘‘(2) TERM OF CONTRACT.—A contract awarded 

2 under this subsection shall have a term of not more 

3 than 10 years. 

4 ‘‘(3) ACHIEVEMENT OF GOALS.—The Adminis5 trator shall ensure, to the maximum extent prac6 ticable, that a contract awarded under this sub7 section— 

8 ‘‘(A) is performance-based; 

9 ‘‘(B) identifies objective outcomes; and 

10 ‘‘(C) contains performance standards that 

11 may be used to measure achievement and goals 

12 to evaluate the success of a contractor in per13 forming under the contract and the right of the 

14 contractor to payment for services under the con15 tract, taking into consideration that a primary 

16 measure of successful performance shall be the 

17 development of a hazardous waste electronic 

18 manifest system that— 

19 ‘‘(i) meets the needs of the user commu20 nity (including States that rely on data 

21 contained in manifests); 

22 ‘‘(ii) attracts sufficient user participa23 tion and service fee revenues to ensure the 

24 viability of the system; 
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1 ‘‘(iii) decreases the administrative bur2 den on the user community; and 

3 ‘‘(iv) provides the waste receipt data 

4 applicable to the biennial reports required 

5 by section 3002(a)(6). 

6 ‘‘(4) PAYMENT STRUCTURE.—Each contract 

7 awarded under this subsection shall include a provi8 sion that specifies— 

9 ‘‘(A) the service fee structure of the con10 tractor that will form the basis for payments to 

11 the contractor; and 

12 ‘‘(B) the fixed-share ratio of monthly service 

13 fee revenues from which the Administrator shall 

14 reimburse the contractor for system-related devel15 opment, operation, and maintenance costs. 

16 ‘‘(5) CANCELLATION AND TERMINATION.— 

17 ‘‘(A) IN GENERAL.—If the Administrator 

18 determines that sufficient funds are not made 

19 available for the continuation in a subsequent 

20 fiscal year of a contract entered into under this 

21 subsection, the Administrator may cancel or ter22 minate the contract. 

23 ‘‘(B) NEGOTIATION OF AMOUNTS.—The 

24 amount payable in the event of cancellation or 

25 termination of a contract entered into under this 
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1 subsection shall be negotiated with the contractor 

2 at the time at which the contract is awarded. 

3 ‘‘(6) NO EFFECT ON OWNERSHIP.—Regardless of 

4 whether the Administrator enters into a contract 

5 under this subsection, the system shall be owned by 

6 the Federal Government. 

7 ‘‘(f) HAZARDOUS WASTE ELECTRONIC MANIFEST SYS8 TEM ADVISORY BOARD.— 

9 ‘‘(1) ESTABLISHMENT.—Not later than 3 years 

10 after the date of enactment of this section, the Admin11 istrator shall establish a board to be known as the 

12 ‘Hazardous Waste Electronic Manifest System Advi13 sory Board’. 

14 ‘‘(2) COMPOSITION.—The Board shall be com15 posed of 9 members, of which— 

16 ‘‘(A) 1 member shall be the Administrator 

17 (or a designee), who shall serve as Chairperson 

18 of the Board; and 

19 ‘‘(B) 8 members shall be individuals ap20 pointed by the Administrator— 

21 ‘‘(i) at least 2 of whom shall have ex22 pertise in information technology; 

23 ‘‘(ii) at least 3 of whom shall have ex24 perience in using or represent users of the 

25 manifest system to track the transportation 
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1 of hazardous waste under this subtitle (or 

2 an equivalent State program); and 

3 ‘‘(iii) at least 3 of whom shall be a 

4 State representative responsible for proc5 essing those manifests. 

6 ‘‘(3) DUTIES.—The Board shall meet annually to 

7 discuss, evaluate the effectiveness of, and provide rec8 ommendations to the Administrator relating to, the 

9 system. 

10 ‘‘(g) REGULATIONS.— 

11 ‘‘(1) PROMULGATION.— 

12 ‘‘(A) IN GENERAL.—Not later than 1 year 

13 after the date of enactment of this section, after 

14 consultation with the Secretary of Transpor15 tation, the Administrator shall promulgate regu16 lations to carry out this section. 

17 ‘‘(B) INCLUSIONS.—The regulations pro18 mulgated pursuant to subparagraph (A) may in19 clude such requirements as the Administrator de20 termines to be necessary to facilitate the transi21 tion from the use of paper manifests to the use 

22 of electronic manifests, or to accommodate the 

23 processing of data from paper manifests in the 

24 electronic manifest system, including a require25 ment that users of paper manifests submit to the 
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1 system copies of the paper manifests for data 

2 processing purposes. 

3 ‘‘(C) REQUIREMENTS.—The regulations 

4 promulgated pursuant to subparagraph (A) shall 

5 ensure that each electronic manifest provides, to 

6 the same extent as paper manifests under appli7 cable Federal and State law, for— 

8 ‘‘(i) the ability to track and maintain 

9 legal accountability of— 

10 ‘‘(I) the person that certifies that 

11 the information provided in the mani12 fest is accurately described; and 

13 ‘‘(II) the person that acknowledges 

14 receipt of the manifest; 

15 ‘‘(ii) if the manifest is electronically 

16 submitted, State authority to access paper 

17 printout copies of the manifest from the sys18 tem; and 

19 ‘‘(iii) access to all publicly available 

20 information contained in the manifest. 

21 ‘‘(2) EFFECTIVE DATE OF REGULATIONS.—Any 

22 regulation promulgated by the Administrator under 

23 paragraph (1) and in accordance with section 3003 

24 relating to electronic manifesting of hazardous waste 
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1 shall take effect in each State as of the effective date 

2 specified in the regulation. 

3 ‘‘(3) ADMINISTRATION.—The Administrator shall 

4 carry out regulations promulgated under this sub5 section in each State unless the State program is fully 

6 authorized to carry out such regulations in lieu of the 

7 Administrator. 

8 ‘‘(h) REQUIREMENT OF COMPLIANCE WITH RESPECT

9 TO CERTAIN STATES.—In any case in which the State in 

10 which waste is generated, or the State in which waste will 

11 be transported to a designated facility, requires that the 

12 waste be tracked through a hazardous waste manifest, the 

13 designated facility that receives the waste shall, regardless 

14 of the State in which the facility is located— 

15 ‘‘(1) complete the facility portion of the applica16 ble manifest; 

17 ‘‘(2) sign and date the facility certification; and 

18 ‘‘(3) submit to the system a final copy of the 

19 manifest for data processing purposes. 

20 ‘‘(i) AUTHORIZATION FOR START-UP ACTIVITIES.— 

21 There are authorized to be appropriated $2,000,000 for each 

22 of fiscal years 2013 through 2015 for start-up activities to 

23 carry out this section, to be offset by collection of user fees 

24 under subsection (c) such that all such appropriated funds 

25 are offset by fees as provided in subsection (c).’’. 
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1 (b) CONFORMING AMENDMENT.—The table of contents 

2 of the Solid Waste Disposal Act (42 U.S.C. 6901) is amend3 ed by inserting at the end of the items relating to subtitle 

4 C the following: 

‘‘Sec. 3024. Hazardous waste electronic manifest system.’’. 

Attest: 

Clerk. 
112TH CONGRESS 

2D SESSION S. 710 

AMENDMENT