‘‘(iv) information technology (includ-
ing costs of hardware, software, and re-
lated services); 
‘‘(v) information management; 
‘‘(vi) collection of service fees; 
‘‘(vii) investment of any unused serv-
ice fees; 
‘‘(viii) reporting and accounting; 
‘‘(ix) employment of direct and indi-
rect Government personnel dedicated to es-
tablishing and maintaining the system; and 
‘‘(x) project management. 
‘‘(B) ADJUSTMENTS IN FEE AMOUNT.— 
‘‘(i) IN
GENERAL.—The Adminis-
trator, in consultation with the Board, 
shall increase or decrease amount of a 
service fee determined under the fee struc-
ture 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 to cover cur-
rent and projected system-related 
costs (including any necessary system 
upgrades); and 
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‘‘(II) minimize, to the maximum 
extent practicable, the accumulation 
of unused amounts in the Fund. 
‘‘(ii) EXCEPTION FOR INITIAL PERIOD 
OF
OPERATION.—The requirement de-
scribed 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 be-
ginning on the date on which the system 
enters operation. 
‘‘(iii) TIMING OF ADJUSTMENTS.—Ad-
justments 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)(6), if the 
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report discloses a significant disparity 
for a fiscal year between the funds 
collected from service fees under this 
subsection for the fiscal year and ex-
penditures made for the fiscal year to 
provide system-related services. 
‘‘(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— 
‘‘(A) such amounts as are appropriated to 
the Fund under paragraph (2); and 
‘‘(B) any interest earned on investment of 
amounts in the Fund under paragraph (4). 
‘‘(2) TRANSFERS TO FUND.—There are appro-
priated to the Fund amounts equivalent to amounts 
collected as fees and received by the Administrator 
under subsection (c). 
‘‘(3) EXPENDITURES FROM FUND.— 
‘‘(A) IN GENERAL.—Subject to paragraph 
(2), on request by the Administrator, the Sec-
retary of the Treasury shall transfer from the 
Fund to the Administrator such amounts as the 
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Administrator determines to be necessary to 
pay costs incurred in developing, operating, 
maintaining, and upgrading the system under 
subsection (c). 
‘‘(B) USE OF FUNDS.— 
‘‘(i) IN GENERAL.—Fees collected by 
the Administrator and deposited in the 
Fund under this section shall be available 
to the Administrator for use in accordance 
with this section without fiscal year limita-
tion and without further appropriation. 
‘‘(ii) OVERSIGHT.—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, man-
aging, supporting, and overseeing the sys-
tem. 
‘‘(4) INVESTMENT OF AMOUNTS.— 
‘‘(A) IN GENERAL.—The Secretary of the 
Treasury shall invest such portion of the Fund 
as is not, in the judgment of the Secretary of 
the Treasury and the Administrator, required 
to meet current withdrawals. 
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‘‘(B) INTEREST-BEARING OBLIGATIONS.— 
Investments may be made only in— 
‘‘(i) interest-bearing obligations of the 
United States; or 
‘‘(ii) obligations, participations, or 
other instruments that are lawful invest-
ments for fiduciaries, trusts, or public 
funds, as determined by the Secretary of 
the Treasury. 
‘‘(C) ACQUISITION OF OBLIGATIONS.—For 
the purpose of investments under paragraph 
(1), obligations may be acquired— 
‘‘(i) on original issue at the issue 
price; or 
‘‘(ii) by purchase of outstanding obli-
gations at the market price. 
‘‘(D) SALE OF OBLIGATIONS.—Any obliga-
tion acquired by the Fund may be sold by the 
Secretary of the Treasury at the market price. 
‘‘(E) CREDITS TO FUND.—The interest on, 
and the proceeds from the sale or redemption 
of, any obligations held in the Fund shall be 
credited to, and form a part of, the Fund. 
‘‘(5) TRANSFERS OF AMOUNTS.— 
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‘‘(A) IN GENERAL.—The amounts required 
to be transferred to the Fund under this sub-
section shall be transferred at least monthly 
from the general fund of the Treasury to the 
Fund on the basis of estimates made by the 
Secretary of the Treasury. 
‘‘(B) ADJUSTMENTS.—Proper adjustment 
shall be made in amounts subsequently trans-
ferred to the extent prior estimates were in ex-
cess of or less than the amounts required to be 
transferred. 
‘‘(6) ACCOUNTING AND AUDITING.— 
‘‘(A) ACCOUNTING.—For each 2-fiscal-year 
period, the Administrator shall prepare and 
submit to Congress 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 fi-
nancial 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 
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‘‘(II) the Government Manage-
ment 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 state-
ments of activities carried out using 
amounts from the Fund shall include an 
analysis of— 
‘‘(I) the fees collected and dis-
bursed under this section; 
‘‘(II) the reasonableness of the 
fee structure in place as of the date of 
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the audit to meet current and pro-
jected costs of the system; 
‘‘(III) the level of use of the sys-
tem by users; and 
‘‘(IV) the success to date of the 
system in operating on a self-sus-
taining basis and improving the effi-
ciency of tracking waste shipments 
and 
transmitting 
waste 
shipment 
data. 
‘‘(iii) FEDERAL
RESPONSIBILITY.— 
The Inspector General of the Environ-
mental Protection Agency shall— 
‘‘(I) conduct the annual audit de-
scribed 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 
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by the Administrator (referred to in this subsection 
as ‘contractors’) under which— 
‘‘(A) the Administrator agrees to award a 
contract for the provision of system-related 
services; and 
‘‘(B) the contractor agrees to assume the 
initial risk of the information technology invest-
ment, and to obtain reimbursement for invest-
ment costs, operating costs, and other fees, by 
receiving as payment an agreed-upon share of 
the amounts collected as fees by the Adminis-
trator under subsection (c). 
‘‘(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 Adminis-
trator shall ensure, to the maximum extent prac-
ticable, that a contract awarded under this sub-
section— 
‘‘(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 per-
forming under the contract and the right of the 
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contractor to payment for services under the 
contract, taking into consideration that a pri-
mary measure of successful performance shall 
be the development of a hazardous waste elec-
tronic manifest system that— 
‘‘(i) meets the needs of the user com-
munity (including States that rely on data 
contained in manifests); 
‘‘(ii) attracts sufficient user participa-
tion 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 provi-
sion that specifies— 
‘‘(A) the service fee structure of the con-
tractor that will form the basis for payments to 
the contractor; 
‘‘(B) the fixed-share ratio of monthly serv-
ice fee revenues from which the Administrator 
shall reimburse the contractor for system-re-
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lated development, operation, and maintenance 
costs and provide an additional profit or fee 
commensurate with the risk undertaken by the 
contractor in performing in accordance with the 
contract; 
‘‘(C) the amount of additional trans-
actional costs attributed to— 
‘‘(i) the ancillary costs of the Admin-
istrator in implementing and managing the 
system, including the costs of integrating 
the applications of the contractor with the 
central data exchange architecture of the 
Environmental Protection Agency; 
‘‘(ii) the direct and indirect personnel 
costs incurred by the Administrator to em-
ploy personnel dedicated to the implemen-
tation and management of the system; and 
‘‘(iii) expenses incurred in procuring 
any independent contractor services to as-
sist staff of the Administrator in the prep-
aration of financial statements and reports 
and the conduct of regular user group and 
governance meetings necessary for the 
oversight of the system. 
‘‘(5) CANCELLATION AND TERMINATION.— 
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‘‘(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 shall cancel or 
terminate the contract. 
‘‘(B) COSTS.—The costs of cancellation or 
termination under subparagraph (A) may be 
paid using— 
‘‘(i) appropriations available for per-
formance of the contract; 
‘‘(ii) unobligated appropriations avail-
able for acquisition of the information 
technology procured under the contract; or 
‘‘(iii) funds subsequently appropriated 
for payment of costs of the cancellation or 
termination. 
‘‘(C) 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 con-
tractor at the time at which the contract is 
awarded. 
‘‘(D) AUTHORITY
TO
ENTER
INTO
CON-
TRACTS.—The Administrator may enter into a 
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contract under this subsection for any fiscal 
year, regardless of whether funds are made spe-
cifically available for the full costs of cancella-
tion or termination of the contract, if— 
‘‘(i) funds are available at the time at 
which the contract is awarded to make 
payments with respect to a contingent li-
ability in an amount equal to at least 100 
percent of the estimated costs of a can-
cellation or termination during the first 
fiscal year of the contract, as determined 
by the Administrator; or 
‘‘(ii) funds described in clause (i) are 
not available as described in that clause, 
but the contractor— 
‘‘(I) is informed of the amount of 
any unfunded contingent liability; and 
‘‘(II) agrees to perform the con-
tract despite the unfunded contingent 
liability. 
‘‘(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. 
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‘‘(f) HAZARDOUS WASTE ELECTRONIC MANIFEST 
SYSTEM ADVISORY BOARD.— 
‘‘(1) ESTABLISHMENT.—Not later than 3 years 
after the date of enactment of this section, the Ad-
ministrator shall establish a board to be known as 
the ‘Hazardous Waste Electronic Manifest System 
Advisory Board’. 
‘‘(2) COMPOSITION.—The Board shall be com-
posed 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 ap-
pointed by the Administrator— 
‘‘(i) at least 2 of whom shall have ex-
pertise in information technology; 
‘‘(ii) at least 3 of whom shall have ex-
perience in using or represent users of the 
manifest system to track the transpor-
tation of hazardous waste under this sub-
title (or an equivalent State program); and 
‘‘(iii) at least 3 of whom shall be a 
State representative responsible for proc-
essing those manifests. 
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‘‘(3) DUTIES.—The Board shall meet annually 
to discuss, evaluate the effectiveness of, and provide 
recommendations to the Administrator relating to, 
the system. 
‘‘(4) FEDERAL
ADVISORY
COMMITTEE
ACT.— 
The Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to the Board established under 
this subsection. 
‘‘(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 pro-
mulgated 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 accommo-
date the processing of data from paper mani-
fests in the electronic manifest system, includ-
ing a requirement that users of paper manifests 
submit to the system copies of the paper mani-
fests for data processing purposes. 
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‘‘(C) REQUIREMENTS.—The regulations 
promulgated pursuant to subparagraph (A) 
shall ensure that each electronic manifest pro-
vides, 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 mani-
fest is accurately described; and 
‘‘(II) the person that acknowl-
edges receipt of the manifest; 
‘‘(ii) if the manifest is electronically 
submitted, State authority to access paper 
printout copiers 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. 
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‘‘(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 those 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 applica-
ble manifest; 
‘‘(2) sign and date the facility certification; and 
‘‘(3) submit to the system a final copy of the 
manifest for data processing purposes.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents 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.’’. 
Æ 
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