[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5422 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5422

To require the Administrator of the Environmental Protection Agency to 
        establish an integrated environmental reporting program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 6, 2000

   Mr. Shaw (for himself, Mr. Stupak, Mr. Boehlert, and Mr. Metcalf) 
 introduced the following bill; which was referred to the Committee on 
   Commerce, and in addition to the Committee on Transportation and 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To require the Administrator of the Environmental Protection Agency to 
        establish an integrated environmental reporting program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Streamlined Environmental Reporting 
and Pollution Prevention Act of 2000''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Integrated reporting program.--The term ``integrated 
        reporting program'' means the integrated environmental 
        reporting program established under section 3.
            (3) Paper form.--The term ``paper form'' means a paper form 
        or integrated series of paper forms that--
                    (A) allows a person to report the same information 
                that the person is able to report electronically under 
                section 3(b)(1)(A); and
                    (B) provides the person essentially the same 
                instructions for reporting that would be provided if 
                the person were to report electronically under section 
                3(b)(1)(A).
            (4) Person.--The term ``person'' means an individual, 
        trust, firm, joint stock company, corporation, partnership, or 
        association, or a facility owned or operated by the Federal 
        Government or by a State, tribal government, municipality, 
        commission, or political subdivision of a State.
            (5) Reporting requirement.--
                    (A) In general.--The term ``reporting requirement'' 
                means--
                            (i) a routine, periodic, environmental 
                        reporting requirement; and
                            (ii) any other reporting requirement that 
                        the Administrator may by regulation include 
                        within the meaning of the term.
                    (B) Exclusions.--The term ``reporting requirement'' 
                does not include--
                            (i) the reporting of information relating 
                        to an emergency, except for information 
                        submitted as part of a routine periodic 
                        environmental report;
                            (ii) the reporting of information to the 
                        Administrator relating only to business 
                        transactions (and not to environmental or 
                        regulatory matters) between the Administrator 
                        and a person, including information provided--
                                    (I) in the course of fulfilling a 
                                contractual obligation between the 
                                Administrator and the reporting person; 
                                or
                                    (II) in the filing of financial 
                                claims against the Administrator; or
                            (iii) the reporting of specific items of 
                        information protected as--
                                    (I) confidential business 
                                information, as described in section 
                                552(b)(4) of title 5, United States 
                                Code, or any law administered by the 
                                Administrator; or
                                    (II) personal privacy information 
                                described in section 552a of title 5, 
                                United States Code.

SEC. 3. INTEGRATED REPORTING PROGRAM.

    (a) In General.--Not later than 4 years after the date of enactment 
of this Act, the Administrator shall integrate and streamline the 
reporting requirements established under laws administered by the 
Administrator for each person subject to those reporting requirements--
            (1) in accordance with subsection (b);
            (2) to the extent not explicitly prohibited by Act of 
        Congress; and
            (3) to the extent consistent with the preservation of the 
        integrity, reliability, and security of the data reported.
    (b) Components of Integrated Reporting Program.--In establishing 
the integrated reporting program, to ensure consistency and facilitate 
use of the program, the Administrator shall--
            (1) allow each person required to submit information to the 
        Administrator under reporting requirements administered by the 
        Administrator to report the information to 1 point of contact--
                    (A) using a single electronic system or a paper 
                form; and
                    (B) in the case of any person subject to more than 
                1 annual reporting requirement, at 1 time during the 
                year;
            (2)(A) allow each State, tribal, or local agency that has 
        been authorized or delegated authority to implement a law 
        administered by the Administrator to report information to the 
        Administrator regarding any person subject to the law, as 
        required under the law (including a regulation), agreement, or 
        other instrument, authorizing or delegating the authority, to 
        report to 1 point of contact--
                            (i) using a single electronic system; and
                            (ii) in the case of a State, tribal, or 
                        local agency required to submit more than 1 
                        type of annual report, at 1 time during each 
                        year; and
            (B) provide each State, tribal, or local agency that 
        reports to the Administrator through the integrated reporting 
        program full access to the data that the agency has reported to 
        the Administrator through the program;
            (3) provide a reporting person, upon request, full access 
        to information reported by the person to the Administrator, or 
        to any State, tribal, or local agency that was subsequently 
        reported to the Administrator, in a variety of formats that 
        includes a format that the person may modify by incorporating 
        information applicable to the current reporting period and then 
        submit to the Administrator, or to a State, tribal, or local 
        agency as appropriate, to comply with a current reporting 
        requirement;
            (4)(A) consult with heads of other Federal agencies to 
        identify environmental or occupational safety or health 
        reporting requirements that are not administered by the 
        Administrator; and
            (B) as part of the electronic version of the integrated 
        reporting program, post information that assists the reporting 
        person in locating sources of information on requirements 
        identified under subparagraph (A) to which the person may be 
        subject;
            (5) in consultation with State, tribal, and local agencies, 
        reporting persons, environmental groups, information technology 
        experts, and other interested parties, establish, update as 
        necessary, and, to the extent relevant, implement in each 
        national information system of the Environmental Protection 
        Agency that contains data reported under the integrated 
        reporting program established under this section, data 
        standards for--
                    (A) facility identification (including a facility 
                registry identifier, geographic coordinates, mailing 
                address, affiliation, environmental interest, and 
                industrial classification);
                    (B) units of measure;
                    (C) chemical identification and biological 
                taxonomy;
                    (D) permitting, enforcement and compliance, tribal 
                identifiers, and geographic information; and
                    (E) other items that the Administrator considers to 
                be appropriate;
            (6) in consultation with the parties referred to in 
        paragraph (5), implement, and update as necessary, a 
        nomenclature throughout the integrated reporting program that 
        uses terms that the Administrator believes are understandable 
        to reporting persons that do not have environmental expertise;
            (7) consolidate reporting of information that, but for 
        consolidation under this paragraph, would be required to be 
        reported to the integrated reporting program at more than 1 
        point in the same data submission (except, in the case of the 
        paper form, for information used to facilitate the processing 
        of the paper form by the Administrator);
            (8) provide for applicable data formats and submission 
        protocols, including procedures for legally enforceable 
        electronic signature in accordance with the Government 
        Paperwork Elimination Act (44 U.S.C. 3504 note; 112 Stat. 2681-
        749) that, as determined by the Administrator--
                    (A) conform, to the maximum extent practicable, 
                with public-domain standards for electronic commerce;
                    (B) are accessible to a substantial majority of 
                reporting persons; and
                    (C) provide adequate assurance of the integrity and 
                reliability of the data in accordance with public 
                domain standards;
            (9) publish a document that describes the data architecture 
        used in the integrated reporting program and that describes the 
        major data types, data standards, significant attributes, and 
        interrelationships that are common to activities carried out by 
        the Administrator and by State, tribal, and local agencies 
        (such as permitting, compliance, enforcement, and collection 
        and analysis of environmental samples and results), which the 
        Administrator shall--
                    (A) use as the framework for databases in which the 
                data reported to the Administrator through the 
                integrated reporting program are kept; and
                    (B) allow other Federal agencies and State, tribal, 
                and local agencies to use;
            (10) establish an electronic service center, accessible 
        through the point of contact established under paragraph (1), 
        to assist reporting persons, as necessary and feasible, to--
                    (A) identify reporting requirements administered by 
                the Administrator and to which the person may be 
                subject;
                    (B) submit required data electronically; and
                    (C) find and contact compliance assistance 
                providers;
            (11) provide each reporting person access, through the 
        point of contact established under paragraph (1), to 
        scientifically sound, publicly available information on 
        pollution prevention technologies and practices;
            (12) at the discretion of the Administrator, develop, 
        within the integrated reporting program, different methods by 
        which the reporting person may electronically provide the 
        required information, in order to facilitate use of the program 
        by different sectors, sizes, and categories of reporting 
        persons;
            (13) provide protection of confidential business 
        information, as described in section 552(b)(4) of title 5, 
        United States Code, or any law administered by the 
        Administrator, and personal privacy information described in 
        section 552a of title 5, United States Code, so that each item 
        of such information reported to the Administrator through the 
        integrated reporting program receives protection equivalent to 
        the protection that item of information would receive if the 
        item were reported to the Administrator through means other 
        than the integrated reporting program;
            (14) publish information to assist in, and otherwise 
        promote, the development of software for use by reporting 
        persons that helps reporting persons in--
                    (A) assembling, documenting, and submitting 
                information required under laws administered by the 
                Administrator; and
                    (B) receiving information on pollution prevention 
                technologies and practices as described in paragraph 
                (11); and
            (15) provide a mechanism by which a reporting person may, 
        at the option of the reporting person, electronically transfer 
        information from the data system of the reporting person to the 
        integrated reporting program through the use, in the integrated 
        reporting program, of--
                    (A) open data formats (such as the American 
                Standard Code for Information Interchange (ASCII) 
                format);
                    (B) a standard that enables the definition, 
                transmission, validation, and interpretation of data by 
                software applications and by organizations through use 
                of the Internet (such as the Extensible Markup Language 
                (XML) standard); and
                    (C) as appropriate, the use of electronic 
                signatures in conjunction with the transfer of 
                information.
    (c) Scope of Data Standards and Nomenclature.--The data standards 
and nomenclature implemented and updated under paragraphs (5) and (6) 
of subsection (b) shall not affect any regulatory standard or 
definition in effect on the date of enactment of this Act, except to 
the extent that the Administrator amends, by regulation, the standard 
or definition.
    (d) Use of Integrated Reporting Program.--
            (1) In general.--Nothing in this Act requires that any 
        person use the integrated reporting program instead of a 
        reporting method in existence on the date of enactment of this 
        Act.
            (2) Use of multiple methods.--The Administrator may design 
        the integrated reporting program to allow a reporting person to 
        use the integrated reporting program for the purposes of some 
        reports and not other reports.
    (e) Submission of Confidential Information.--Nothing in this Act--
            (1) requires the Administrator to allow the submission of 
        confidential business information, as described in section 
        552(b)(4) of title 5, United States Code, or any law 
        administered by the Administrator, or personal privacy 
        information described in section 552a of title 5, United States 
        Code, to the electronic system described in subsection 
        (b)(1)(A); or
            (2) prevents the Administrator from allowing the submission 
        of confidential business information or personal privacy 
        information to the electronic system described in subsection 
        (b)(1)(A) if the Administrator determines that there are 
        adequate safeguards for electronic submission of such 
        information.
    (f) Facility Identification Data Standards for Reporting of 
Information Relating to Emergency Planning.--After establishing the 
data standards under subsection (b)(5)(A), the Administrator shall 
implement such data standards for information that is reported to the 
Administrator relating to planning for emergencies.

SEC. 4. INTERAGENCY COORDINATION.

    (a) In General.--At the request of any Federal, State, tribal, or 
local agency, the Administrator shall coordinate the integration of 
reporting required under section 3 with similar efforts by the agency 
that, as determined by the Administrator, are consistent with this Act.
    (b) Integrated Reporting Across Jurisdictions.--Under subsection 
(a), the Administrator may develop a procedure under which a person 
that is required to report information under 1 or more laws 
administered by the Administrator and 1 or more laws administered by a 
State, tribal, or local agency may report all required information--
            (1) through 1 point of contact using a single electronic 
        system or a paper form; and
            (2) in the case of any person subject to more than 1 annual 
        reporting requirement, at 1 time during the year.
    (c) Common Data Format Across Jurisdictions.--To facilitate 
reporting by persons with facilities in more than 1 State, tribal, or 
local jurisdiction, the Administrator shall encourage the use of a 
common data format by any State, tribal, or local agency coordinating 
with the Administrator under subsection (a).
    (d) Provision of Information.--At the request of the Administrator, 
the head of a Federal agency shall provide to the Administrator 
information on reporting requirements established under a law 
administered by the agency.

SEC. 5. REGULATIONS.

    (a) In General.--The Administrator may promulgate such regulations 
as are necessary to carry out this Act.
    (b) Matters Addressed.--The regulations may address electronic 
record retention, security in data submissions, the practical aspects 
of reporting, evidentiary burdens, and other matters that are necessary 
to provide for the integrity, reliability, and security of information 
submitted to the Administrator or records maintained under the laws 
administered by the Administrator.

SEC. 6. REPORTS.

    Not later than 2 years after the date of enactment of this Act, if 
the Administrator determines that 1 or more provisions of law 
explicitly prohibit or hinder the integration of reporting and other 
actions required under this Act, the Administrator shall submit to 
Congress a report identifying those provisions.

SEC. 7. SAVINGS CLAUSE.

    (a) In General.--Nothing in this Act limits, modifies, affects, 
amends, or otherwise changes, directly or indirectly, any provision of 
Federal, State, tribal, or local law or the obligation of any person to 
comply with any provision of law.
    (b) Effect.--Neither this Act nor the integrated reporting program 
alters or affects the obligation of a reporting person to provide the 
information required under any reporting requirement, or to inform 
itself about applicable laws and regulations.
    (c) Reporting.--Nothing in this Act authorizes the Administrator 
to--
            (1) require the reporting or disclosure of information that 
        is in addition to information that is required to be reported 
        as of the day before the date of enactment of this Act, other 
        than information that is necessary to verify and validate 
        information submitted through the electronic system and the 
        identity of persons submitting such information; or
            (2) eliminate the reporting of information that is required 
        to be reported, or restrict the disclosure of information that 
        may under law be disclosed, as of the day before the date of 
        enactment of this Act, except as provided under section 3(b)(7) 
        and as consistent with section 3(b)(13).
    (d) Point of Reporting.--Nothing in this Act requires that data 
being reported as of the date of enactment of this Act by a reporting 
person through a State, tribal, or local agency to the Administrator be 
reported instead by the reporting person directly to the Administrator.
    (e) Storage of Data.--Nothing in this Act affects the manner in 
which the data assembled through the integrated reporting program are 
stored.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act--
            (1) $7,000,000 for fiscal year 2001;
            (2) $10,000,000 for fiscal year 2002;
            (3) $13,000,000 for fiscal year 2003; and
            (4) $14,000,000 for fiscal year 2004.
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