Union Calendar No. 192

103D CONGRESS

1ST SESSION H. R. 3425

[Report No. 103–355]

A BILL

To redesignate the Environmental Protection Agention, and for other purposes. cy as the Department of Environmental ProtecNOVEMBER 10, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 192

103D CONGRESS

1ST SESSION H. R. 3425

[Report No. 103–355]

To redesignate the Environmental Protection Agency as the Department

of Environmental Protection, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 3, 1993

Mr. CONYERS (for himself, Mr. BOEHLERT, Mr. SYNAR, Mr. PORTER, Mr.

WAXMAN, Mr. SHAYS, Mr. STUDDS, Mr. GILMAN, Mr. NEAL of North

Carolina, Mr. MACHTLEY, Mrs. COLLINS of Illinois, Mrs. MEYERS of

Kansas, Mr. RUSH, Mrs. MORELLA, Mr. OWENS, Mr. GILLMOR, Mr.

WASHINGTON, Mr. GALLO, Ms. MARGOLIES-MEZVINSKY, Mr. RAMSTAD,

Mr. WISE, Ms. SNOWE, Mr. TOWNS, Mr. SMITH of New Jersey, Mrs.

MALONEY, Mr. WALSH, Mr. PAYNE of New Jersey, Mr. LAZIO, Mr.

HOCHBRUECKNER, Ms. MOLINARI, Mr. WELDON, Mrs. JOHNSON of Connecticut, Mr. GOSS, Mr. KLUG, Mr. UPTON, Mr. SANDERS, Mr. HORN,

Mr. LANTOS, Ms. BROWN of Florida, Ms. WOOLSEY, Mr. GENE GREEN

of Texas, and Mr. LANCASTER) introduced the following bill; which was

referred to the Committee on Government Operations

NOVEMBER 10, 1993

Additional sponsors: Mr. DINGELL, Miss COLLINS of Michigan, and Ms.

FURSE

NOVEMBER 10, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on November 3, 1993]
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A BILL

To redesignate the Environmental Protection Agency as the

Department of Environmental Protection, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘De5 partment of Environmental Protection Act’’.

6 (b) TABLE OF CONTENTS.—The contents of this Act are

7 as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Disclaimer.

TITLE I—REDESIGNATION OF ENVIRONMENTAL PROTECTION

AGENCY AS DEPARTMENT OF ENVIRONMENTAL PROTECTION

Sec. 101. Redesignation of Environmental Protection Agency as Department of

Environmental Protection.

Sec. 102. Assistant Secretaries.

Sec. 103. Deputy Assistant Secretaries.

Sec. 104. Office of the General Counsel.

Sec. 105. Office of Inspector General.

Sec. 106. Regional offices.

Sec. 107. Continuing performance of functions.

Sec. 108. Strategic management, planning, performance measurement, and reporting to Congress.

Sec. 109. Information resources management.

Sec. 110. Public access to and use of information resources.

Sec. 111. Bureau of Environmental Statistics.

Sec. 112. Office of Environmental Justice.

Sec. 113. Office of Environmental Risk.

Sec. 114. Scientific integrity.

Sec. 115. Conflicts of interest of members of advisory committees.

Sec. 116. Limitation on scope of certain umbrella contracts by Department for

advisory and assistance services.

Sec. 117. Prohibition on transferring to contractors inherently governmental

functions of Department.

Sec. 118. Disallowance of, and penalties for, improperly claimed costs under Department contracts and regulations.

Sec. 119. Contractor employee gift, entertainment, or recreation costs specifically

unallowable under Department contracts.
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Sec. 120. Documentation of contractor travel costs.

Sec. 121. Effective dates; limitations on application.

Sec. 122. Regulations.

Sec. 123. References.

Sec. 124. Savings provisions.

Sec. 125. Conforming amendments.

Sec. 126. Additional conforming amendments.

TITLE II—ADMINISTRATIVE PROVISIONS

Sec. 201. Acquisition of copyrights and patents.

Sec. 202. Gifts and bequests.

Sec. 203. Official seal of Department.

Sec. 204. Use of likeness of official seal of Department.

Sec. 205. Use of stationery, printed forms, and supplies of Environmental Protection Agency.

1 SEC. 2. DEFINITIONS.

2 As used in this Act:

3 (1) DEPARTMENT.—The term ‘‘Department’’

4 means the Department of Environmental Protection

5 provided for in section 101(a).

6 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has

7 the same meaning as provided by section 4(e) of the

8 Indian Self-Determination and Education Assistance

9 Act (25 U.S.C. 450b(e)).

10 (3) STATE.—The term ‘‘State’’ means a State,

11 the District of Columbia, the Commonwealth of Puer12 to Rico, the Virgin Islands, Guam, American Samoa,

13 the Commonwealth of the Northern Mariana Islands,

14 and any other territory or possession of the United

15 States.

16 (4) SECRETARY.—The term ‘‘Secretary’’ means

17 the Secretary of the Environment appointed under

18 section 101(b).
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1 SEC. 3. DISCLAIMER.

2 Nothing in this Act or the amendments made by this

3 Act shall be construed by the Secretary, any officer or em4 ployee of the Department, or by any court as altering, af5 fecting, amending, modifying, or changing, directly or indi6 rectly, any law which on the day before the date of the en7 actment of this Act referred to and provided authorities or

8 responsibilities for, or was administered by, the Environ9 mental Protection Agency or the Administrator of the Envi10 ronmental Protection Agency. The term ‘‘any law’’ in the

11 preceding sentence includes the Federal Water Pollution

12 Control Act, title XIV of the Public Health Service Act (the

13 Safe Drinking Water Act), the Clean Air Act, the Pollution

14 Prevention Act of 1990, the Toxic Substances Control Act,

15 the Federal Insecticide, Fungicide, and Rodenticide Act, the

16 Federal Food, Drug, and Cosmetic Act, the Motor Vehicle

17 Information and Cost Savings Act, the Federal Hazardous

18 Substances Act, the Atomic Energy Act, the Noise Control

19 Act of 1972, the Solid Waste Disposal Act, the Comprehen20 sive Environmental Response, Compensation, and Liability

21 Act of 1980, the Superfund Amendments and Reauthoriza22 tion Act of 1986, the Ocean Dumping Act, the Environ23 mental Research, Development, and Demonstration Author24 ization Act, the Pollution Prosecution Act of 1990, and the

25 Federal Facilities Compliance Act of 1992, or any statute

26 containing amendment to any of such Acts. The provisions
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1 of section 112 (relating to environmental justice) and sec2 tion 113 (relating to environmental risk) shall not be con3 strued to alter, affect, amend, or change such Acts, and to

4 the extent that the authorities provided under such provi5 sions are made applicable by the Secretary to programs,

6 standards, or regulations under such Acts, the Secretary

7 shall ensure that such provisions do not alter, affect, amend,

8 modify, or change the objectives, requirements, procedures,

9 or limitations of such Acts or make them more or less

10 stringent.

11 TITLE I—REDESIGNATION OF

12 ENVIRONMENTAL PROTEC13 TION AGENCY AS DEPART14 MENT OF ENVIRONMENTAL

15 PROTECTION

16 SEC. 101. REDESIGNATION OF ENVIRONMENTAL PROTEC17 TION AGENCY AS DEPARTMENT OF ENVIRON18 MENTAL PROTECTION.

19 (a) REDESIGNATION.—

20 (1) IN GENERAL.—The Environmental Protec21 tion Agency is redesignated as the Department of En22 vironmental Protection, and shall be an executive de23 partment in the executive branch of the Government.

24 (2) HEADQUARTERS.—The Department shall be

25 headquartered at the seat of Government.
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1 (3) OFFICIAL ACRONYM.—The official acronym of

2 the Department shall be ‘‘D.E.P.’’.

3 (b) SECRETARY OF THE ENVIRONMENT.—

4 (1) IN GENERAL.—There shall be at the head of

5 the Department a Secretary of the Environment who

6 shall be appointed by the President, by and with the

7 advice and consent of the Senate.

8 (2) OFFICE OF THE SECRETARY.—The Office of

9 the Secretary shall consist of—

10 (A) the Secretary and the Deputy Secretary

11 appointed under subsection (d); and

12 (B) such other officers as the Secretary may

13 determine to be necessary, who may include an

14 Executive Secretary appointed by the Secretary.

15 (c) TRANSFER OF FUNCTION, POWERS, AND DUTIES.—

16 (1) IN GENERAL.—The functions, powers, and

17 duties of each officer and employee of the Environ18 mental Protection Agency are transferred to, and vest19 ed in, the corresponding officer or employee of the

20 Department.

21 (2) CONSTRUCTION.—This subsection may not be

22 construed to prohibit the delegation or redelegation by

23 the Secretary of functions, powers, or duties trans24 ferred by paragraph (1).

25 (d) DEPUTY SECRETARY.—
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1 (1) IN GENERAL.—There shall be in the Depart2 ment a Deputy Secretary of the Environment, who

3 shall be appointed by the President, by and with the

4 advice and consent of the Senate.

5 (2) FUNCTIONS.—The Deputy Secretary shall

6 perform such functions as the Secretary shall pre7 scribe, and shall act as the Secretary during the ab8 sence or disability of the Secretary or in the event of

9 a vacancy in the position of the Secretary.

10 (e) DELEGATION OF AUTHORITY.—

11 (1) IN GENERAL.—Except as provided in this

12 Act or other laws administered by the Department,

13 the Secretary may, consistent with other applicable

14 laws—

15 (A) delegate any functions, powers, or du16 ties, including with respect to the making of reg17 ulations, to such officers and employees of the

18 Department as the Secretary may designate; and

19 (B) authorize such successive redelegations

20 of such functions within the Department as the

21 Secretary considers to be necessary or appro22 priate.

23 (2) CONSIDERATIONS.—In acting under this sub24 section or subsection (c) to delegate or authorize the

25 redelegation of functions, the Secretary shall take into
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1 consideration the need to ensure that regulations,

2 standards, and policies of the Department (including

3 changes and revisions to regulations, standards, and

4 policies) are promulgated and issued by the Secretary

5 or other officers of the Department.

6 (3) NOTICE; REVIEW.—The Secretary shall—

7 (A) maintain, in a central location that is

8 available to the public, copies of all orders and

9 other instruments making delegations and

10 redelegations of function under this subsection

11 (including all revisions to such delegations); and

12 (B) periodically review all such delegations

13 and redelegations.

14 SEC. 102. ASSISTANT SECRETARIES.

15 (a) ESTABLISHMENT OF POSITIONS.—There shall be in

16 the Department such number of Assistant Secretaries, not

17 to exceed 10, as the Secretary shall determine, each of

18 whom—

19 (1) shall be appointed by the President, by and

20 with the advice and consent of the Senate; and

21 (2) shall perform such functions as the Secretary

22 prescribes.

23 (b) FUNCTIONS.—

24 (1) IN GENERAL.—The Secretary shall assign to

25 the Assistant Secretaries of the Department such func-
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1 tions as the Secretary considers appropriate, includ2 ing, subject to the discretion of and modification by

3 the Secretary—

4 (A) pollution prevention;

5 (B) resource recovery, recycling, and reuse;

6 (C) education;

7 (D) policy, planning, and evaluation;

8 (E) administration;

9 (F) resources management, including finan10 cial and budget management;

11 (G) information resources management;

12 (H) procurement and assistance manage13 ment;

14 (I) personnel and labor relations;

15 (J) enforcement;

16 (K) compliance monitoring;

17 (L) research and development;

18 (M) air;

19 (N) radiation;

20 (O) water;

21 (P) pesticides;

22 (Q) toxic substances;

23 (R) solid wastes;

24 (S) hazardous waste and hazardous waste

25 cleanup;
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1 (T) small entity compliance and Regulatory

2 Flexibility Act enforcement;

3 (U) emergency response;

4 (V) congressional affairs and public affairs;

5 (W) intergovernmental affairs;

6 (X) Indian affairs, including Indian tribes;

7 (Y) international affairs; and

8 (Z) noise pollution control and abatement.

9 (2) NOTIFICATION REGARDING MODIFICATIONS.—

10 The Secretary may not modify the responsibilities of

11 any Assistant Secretary without prior written notifi12 cation, with explanation, of such modification to the

13 appropriate committees of the Senate and the House

14 of Representatives.

15 (c) DESIGNATION OF FUNCTIONS PRIOR TO CONFIRMA16 TION.—Whenever the President submits the name of an in17 dividual to the Senate for confirmation as an Assistant Sec18 retary under this section, the President shall state the par19 ticular functions of the Department (as assigned by the Sec20 retary under subsection (b)) such individual will exercise

21 upon taking office.

22 SEC. 103. DEPUTY ASSISTANT SECRETARIES.

23 (a) ESTABLISHMENT OF POSITIONS.—There is author24 ized in the Department such number of Deputy Assistant
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1 Secretaries as the Secretary determines is appropriate, not

2 to exceed 20.

3 (b) APPOINTMENTS AND FUNCTIONS.—Each Deputy

4 Assistant Secretary—

5 (1) shall be appointed by the Secretary; and

6 (2) shall perform such functions as the Secretary

7 shall prescribe.

8 SEC. 104. OFFICE OF THE GENERAL COUNSEL.

9 (a) OFFICE.—There shall be in the Department the Of10 fice of the General Counsel.

11 (b) GENERAL COUNSEL.—There shall be at the head

12 of such office a General Counsel who shall be appointed by

13 the President, by and with the advice and consent of the

14 Senate.

15 (c) FUNCTIONS.—The General Counsel shall be the

16 chief legal officer of the Department and shall provide legal

17 assistance to the Secretary concerning the programs and

18 policies of the Department.

19 SEC. 105. OFFICE OF INSPECTOR GENERAL.

20 The Office of Inspector General of the Environmental

21 Protection Agency, established in accordance with the In22 spector General Act of 1978 (5 U.S.C. App.), is redesignated

23 as the Office of Inspector General of the Department of

24 Environmental Protection.
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1 SEC. 106. REGIONAL OFFICES.

2 (a) REGIONAL OFFICES.—

3 (1) ESTABLISHMENT; NUMBER.—The Secretary

4 shall establish such Regional Offices of the Depart5 ment as the Secretary determines to be necessary to

6 carry out in an efficient and economic manner the

7 functions vested in the Secretary or other officials of

8 the Department. The number of such Regional Offices

9 may not exceed 10.

10 (2) ALTERATION, CONSOLIDATION, AND RELOCA11 TION.—The Secretary may alter, consolidate, or relo12 cate any Regional Office taking into consideration the

13 needs of the Department and economy and efficiency.

14 (b) REGIONAL ADMINISTRATORS.—

15 (1) IN GENERAL.—There shall be in each Re16 gional Office established under subsection (a) a Re17 gional Administrator, who shall be the head of the Re18 gional Office.

19 (2) APPOINTMENT.—Each Regional Adminis20 trator shall be appointed by, and serve at the pleasure

21 of, the Secretary.

22 (3) FUNCTIONS.—Each Regional Administrator

23 shall implement, execute, and enforce the national

24 program priorities and policies established, in accord25 ance with this Act and other laws applicable to the

26 Department, by the Secretary, or by the Deputy Sec-
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1 retary or an Assistant Secretary pursuant to a dele2 gation from the Secretary.

3 (c) INFORMATION REGARDING REGIONAL OFFICE PER4 FORMANCE.—The Secretary shall periodically assess the

5 performance of each Regional Office in meeting the program

6 and enforcement priorities established or delegated by the

7 Secretary, and inform the appropriate committees of the

8 Congress about that performance. The first such assessment

9 shall be completed within 2 years after the date of the enact10 ment of this Act.

11 SEC. 107. CONTINUING PERFORMANCE OF FUNCTIONS.

12 (a) REDESIGNATION OF POSITIONS.—

13 (1) ADMINISTRATOR.—The Administrator of the

14 Environmental Protection Agency is redesignated as

15 the Secretary of the Environment.

16 (2) DEPUTY ADMINISTRATOR.—The Deputy Ad17 ministrator of the Environmental Protection Agency

18 is redesignated as the Deputy Secretary of the Envi19 ronment.

20 (3) ASSISTANT ADMINISTRATORS.—Each Assist21 ant Administrator of the Environmental Protection

22 Agency is redesignated as an Assistant Secretary of

23 the Department.
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1 (4) GENERAL COUNSEL.—The General Counsel of

2 the Environmental Protection Agency is redesignated

3 as the General Counsel of the Department.

4 (5) INSPECTOR GENERAL.—The Inspector Gen5 eral of the Environmental Protection Agency is redes6 ignated as the Inspector General of the Department.

7 (b) NOT SUBJECT TO RENOMINATION OR RECON8 FIRMATION.—An individual serving at the pleasure of the

9 President in a position that is redesignated by subsection

10 (a) may continue to serve in and perform functions of that

11 position after the date of the enactment of this Act without

12 renomination by the President or reconfirmation by the

13 Senate.

14 SEC. 108. STRATEGIC MANAGEMENT, PLANNING, PERFORM15 ANCE MEASUREMENT, AND REPORTING TO

16 CONGRESS.

17 (a) IN GENERAL.—The Secretary shall take such ac18 tions as the Secretary determines to be necessary to ensure

19 that all functions and duties vested in the Secretary or other

20 officials of the Department under existing law are carried

21 out in an efficient and economic manner.

22 (b) RESPONSIBILITIES OF THE SECRETARY.—The Sec23 retary shall—

24 (1) develop and maintain, in accordance with

25 the statutes that authorize programs of the Depart-
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1 ment, a strategic business plan for the Department

2 that clearly and specifically defines the mission of the

3 Department;

4 (2) establish and maintain a performance meas5 urement system to measure and report on specific

6 program performance from a policy, operational, and

7 economic standpoint, including information resources

8 management; and

9 (3) establish a permanent departmental senior

10 management committee, which shall—

11 (A) be chaired by the Secretary;

12 (B) consist of senior program managers of

13 the Department; and

14 (C) assist the Secretary in carrying out the

15 responsibilities of the Secretary in managing the

16 Department.

17 (c) REPORT TO THE CONGRESS.—Within 30 days of

18 the submission to the Congress of the budget of the United

19 States Government for each fiscal year under section 1105

20 of title 31, United States Code, the Secretary shall report

21 to the Congress on—

22 (1) the extent to which the strategic business

23 plan required by subsection (b) has been implemented,

24 especially with regard to the specific performance

25 measures established under subsection (b)(2); and
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1 (2) progress in implementing the strategy to at2 tain reductions in risk developed under section

3 113(b).

4 SEC. 109. INFORMATION RESOURCES MANAGEMENT.

5 (a) RESPONSIBILITIES OF THE SECRETARY.—The Sec6 retary, consistent with section 111 and other provisions of

7 law, shall—

8 (1) manage information resources and informa9 tion technology so as to ensure—

10 (A) maximum net benefits from the applica11 tion of such resources and technology, and

12 (B) maximum accountability to the public;

13 (2) develop policies and mechanisms to commu14 nicate information management goals, priorities, and

15 practices effectively throughout the Department, in16 cluding policy guidance that describes the process by

17 which the Department shall initiate, approve, and

18 evaluate major automated information systems at key

19 milestones;

20 (3) ensure that program management officials,

21 the Chief Financial Officer of the Department, the

22 Chief Information Officer of the Department, and the

23 Director of Environmental Statistics collaborate in—
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1 (A) defining the specific information and

2 developing the systems capabilities necessary to

3 meet program missions and goals;

4 (B) identifying specific opportunities to re5 design business practices and supporting infor6 mation systems;

7 (C) estimating the life-cycle costs of pro8 posed automated information systems and ob9 taining independent cost evaluations; and

10 (D) assuring that information included in

11 the annual budget request of the Department in12 cludes life-cycle cost estimates for automated in13 formation systems;

14 (4) develop management processes that assign

15 priority to information technology acquisitions and

16 measure the effect of those acquisitions on mission

17 performance;

18 (5) ensure substantive involvement of program

19 management and systems users with information re20 sources management staff in all information systems

21 projects;

22 (6) establish a management education program

23 to assist managers in identifying—

24 (A) areas in which information and tech25 nology are vital to mission accomplishment, and
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1 (B) techniques that can be applied to ex2 ploit information technology successfully; and

3 (7) in accordance with all laws applicable to the

4 Department, coordinate the data collection and dis5 semination efforts of the Department with other rel6 evant Federal, State, and local agencies in order to

7 reduce unnecessary burdens and promote greater inte8 gration of information.

9 (b) INFORMATION RESOURCES MANAGEMENT STEER10 ING COMMITTEE.—

11 (1) ESTABLISHMENT.—The Secretary shall estab12 lish a permanent information resources management

13 steering committee, which shall—

14 (A) consist of senior program managers or

15 their representatives, and

16 (B) include the Chief Information Officer of

17 the Department and the Director of Environ18 mental Statistics.

19 (2) FUNCTIONS.—The committee established

20 under paragraph (1) shall—

21 (A) assist and advise the Secretary in car22 rying out information resources management re23 sponsibilities of the Secretary under subsection

24 (a);
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1 (B) present Department-wide information

2 resources management issues to the departmental

3 senior management committee established under

4 section 108(b)(3) for resolution;

5 (C) establish specific performance measures

6 for information resources management that re7 late specifically to program missions;

8 (D) review and make recommendations to

9 the Secretary with regard to major automated

10 information systems of the Department at

11 predefined milestones throughout their life cycles;

12 and

13 (E) evaluate and make recommendations to

14 the Secretary with regard to significant informa15 tion technology acquisitions of the Department

16 above a threshold to be defined by the committee.

17 (c) CHIEF INFORMATION OFFICER.—

18 (1) DESIGNATION AND PRIMARY RESPONSIBIL19 ITIES.—

20 (A) IN GENERAL.—The Secretary shall des21 ignate a Chief Information Officer of the Depart22 ment, whose primary responsibilities shall in23 clude providing assistance to senior agency man24 agement in ensuring that information and tech25 nology resources are managed to maximize bene-
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1 fits to the Department and accountability to the

2 public served by the Department.

3 (B) INFORMATION COORDINATION FUNC4 TIONS.—The Chief Information Officer shall

5 serve as the senior official required to be des6 ignated for the Department under section

7 3506(b) of title 44, United States Code.

8 (2) QUALIFICATIONS.—To the maximum extent,

9 the individual designated as Chief Information Offi10 cer shall be selected from individuals who have—

11 (A) direct and substantial experience in

12 successfully achieving major improvements in or13 ganizational performance through the use of in14 formation technology; and

15 (B) demonstrated technical competence and

16 ability to work effectively with senior program

17 managers.

18 (3) RANK; LIMITATION ON DUTIES.—The Chief

19 Information Officer shall—

20 (A) hold a rank in the Department equiva21 lent to Assistant Secretary;

22 (B) report directly to the Secretary; and

23 (C) not be assigned any permanent duties

24 that are not related to information resources

25 management.
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1 (d) RESPONSIBILITIES OF THE CHIEF INFORMATION

2 OFFICER.—The Chief Information Officer, consistent with

3 section 111 and other provisions of law, shall—

4 (1) design, develop, implement, and facilitate a

5 strategic information resources management process

6 for the Department that—

7 (A) establishes what information resources

8 management capabilities are necessary to sup9 port programs for accomplishing the mission of

10 the Department, including information resources

11 management policies, architectures, and stand12 ards;

13 (B) includes information plans that set

14 forth what information systems and programs

15 will support the various programmatic and

16 management information requirements of the De17 partment;

18 (C) includes the development of annual op19 erating plans, coordinated with departmental

20 budgets, setting forth resource allocations for spe21 cific information systems and programs that

22 support Department missions and goals; and

23 (D) includes performance review and re24 porting that identifies net benefits actually real25 ized from information system investments;
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1 (2) design and maintain a strategic information

2 resources management plan;

3 (3) develop a comprehensive process for control4 ling information systems development and operations

5 life cycle, including explicit decision criteria and

6 early decision points for all information systems

7 projects;

8 (4) be responsible for assuring the effective and

9 efficient design, development, and delivery of informa10 tion products and services that support key program

11 responsibilities;

12 (5) in cooperation with the Chief Financial

13 Officer of the Department, ensure that—

14 (A) Department-wide and component ac15 counting, financial, and asset management sys16 tems and other information systems that provide,

17 at least in part, financial or program perform18 ance data used in financial statements are effec19 tively designed, developed, and implemented; and

20 (B) financial and related program perform21 ance data are provided on a reliable, consistent,

22 and timely basis to agency financial manage23 ment systems;

24 (6) identify, in cooperation with program man25 agers and the Chief Financial Officer of the Depart-
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1 ment, specific opportunities to redesign business prac2 tices and supporting information systems to improve

3 agency performance;

4 (7) regularly complete accurate post-implementa5 tion reviews for all information systems projects of

6 the Department;

7 (8) develop, in cooperation with the Chief Finan8 cial Officer of the Department, full and accurate

9 information on—

10 (A) information technology expenditures

11 (including capital investment and expenses) by

12 the Department; and

13 (B) all expenses for Department staff who

14 carry out information resources management re15 sponsibilities;

16 (9) develop requirements and mechanisms for

17 comprehensive information resources management

18 training and professional development of Department

19 staff;

20 (10) establish policies for communicating De21 partment-wide and component information systems

22 requirements and acquisition plans with industry, in23 cluding by—

24 (A) working with program managers and

25 component information resources management
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1 officials to ensure that each major acquisition

2 plan contains an industry communications seg3 ment that informs industry of the acquisition,

4 presents its purpose, and solicits industry feed5 back on technology, schedule, and other signifi6 cant issues; and

7 (B) establishing Department-wide policies

8 for the use of requests for information, requests

9 for comment, and draft requests for procurement

10 proposals, as mechanisms for improving acquisi11 tion effectiveness and increasing competition;

12 and

13 (11) work cooperatively with the Director of En14 vironmental Statistics, providing the technical and

15 other support necessary to fulfill the information sys16 tems and other information requirements identified

17 by the Director as needed to carry out the functions

18 of the Bureau of Environmental Statistics.

19 (e) DEFINITIONS.—Terms used in this section have the

20 meanings set forth in section 3502 of title 44, United States

21 Code, to the extent the terms are defined in that section.

22 (f) CONSTRUCTION.—This section may not be con23 strued as affecting or limiting in any way the functions

24 and authorities of the Director of the Bureau of Environ25 mental Statistics relating to—
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1 (1) collecting, compiling, evaluating, analyzing,

2 reporting, preparing, and publishing data, statistics,

3 or other environmental and public health informa4 tion, or

5 (2) the making of grants or the conduct of any

6 related activities.

7 SEC. 110. PUBLIC ACCESS TO AND USE OF INFORMATION

8 RESOURCES.

9 (a) ENCOURAGING PUBLIC ACCESS AND USE.—

10 (1) POLICIES AND METHODS.—The Secretary

11 shall, in accordance with all provisions of law appli12 cable to the Department—

13 (A) identify and develop policies and meth14 ods for encouraging greater public access to, and

15 use of, departmental information collected,

16 stored, retained, or disseminated and available to

17 the public under such provisions of law; and

18 (B) make such public information available

19 in a variety of formats and through systems that

20 permit and encourage widespread use and anal21 ysis.

22 (2) BUREAU OF ENVIRONMENTAL STATISTICS.—

23 For the purpose of the application of this section to

24 the Bureau of Environmental Statistics, the Director
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1 of Environmental Statistics shall have the responsibil2 ities of the Secretary.

3 (b) INVENTORY AND LOCATOR OF INFORMATION SERV4 ICES.—The Secretary shall, in accordance with all provi5 sions of law applicable to the Department, develop and

6 maintain a public access system providing a current, com7 prehensive, and detailed inventory of the Department’s pub8 lic information services, products, systems, and other hold9 ings. The system shall include the following:

10 (1) An inventory that lists each such service,

11 product, and system, and describes the type of infor12 mation available, the cost and other terms of public

13 access, and details about sources and methodology

14 used in preparation of the information. The inventory

15 shall—

16 (A) be updated regularly;

17 (B) be disseminated as widely as possible in

18 electronic and hard copy formats; and

19 (C) be printed at least annually.

20 (2) Provision of access to selected public infor21 mation holdings and databases. Such access shall—

22 (A) allow users to download information;

23 (B) include easy to use menus and other en24 hancements to improve use; and
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1 (C) be accompanied by support and tech2 nical assistance to current and potential users.

3 (3) A means for the public and other agencies to

4 communicate with the Department about public infor5 mation available through the system and about im6 provements to the system.

7 (c) INTEGRATION AND AVAILABILITY OF SERVICES.—

8 In order to enhance public access and encourage use of pub9 lic information, improve the management of information

10 resources, and assist Departmental multimedia permitting

11 and enforcement initiatives, the Secretary shall, in accord12 ance with all laws applicable to the Department, develop

13 policies, programs, and methods for integrating and linking

14 public information pertaining to the environment, public

15 health, environmental justice, and other public policy con16 cerns within the jurisdiction of the Department.

17 (d) STRATEGIC PLAN AND REPORTS ON PUBLIC AC18 CESS TO AND USE OF INFORMATION.—

19 (1) STRATEGIC PLAN.—As part of the strategic

20 information resources management plan required

21 under section 109(d)(2), the Chief Information Officer

22 shall develop a strategic plan on the use of informa23 tion technology to provide for dissemination of, and

24 public access to, departmental information that is

25 available to the public in accordance with applicable
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1 provisions of law, and to facilitate implementation of

2 subsections (b) and (c).

3 (2) CONTENTS OF PLAN.—The strategic plan re4 quired by paragraph (1), where appropriate, shall in5 clude—

6 (A) a description of current activities and

7 future initiatives to carry out requirements for

8 promoting public access to, and use of, publicly

9 available information under this section, includ10 ing a discussion of efforts to implement sub11 sections (b) and (c);

12 (B) an evaluation of the use of geographical

13 information systems and spatial display tech14 nologies in fulfilling the public dissemination ob15 jectives of this section;

16 (C) an evaluation of the role of emerging

17 computer technologies, including CD–ROM (com18 pact-disk—read only memory) and other suitable

19 machine readable storage alternatives, and on20 line transaction-based reporting, in fulfilling the

21 public dissemination objectives of this section;

22 (D) a plan for one or more pilot programs

23 to expand existing online information dissemina24 tion programs to include additional data bases;
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1 (E) efforts for considering and implement2 ing an electronic data interchange;

3 (F) the role of the existing or planned enti4 ties, including depository libraries and the Na5 tional Research and Educational Network, in

6 aiding dissemination objectives of this section;

7 (G) a review of alternatives and possibili8 ties for conversion of print material to machine

9 readable formats;

10 (H) an evaluation of a system linked to the

11 inventory established under subsection (b), for

12 indexing, locating, and obtaining publicly avail13 able information about facilities and substances

14 regulated by the Department; and

15 (I) the personnel, funding, and length of

16 time needed to implement the plan.

17 (e) OBTAINING PUBLIC ADVICE AND GUIDANCE.—The

18 Secretary shall establish an ongoing balanced process for

19 obtaining public advice, guidance, and recommendations on

20 improving public access to, and use of, Departmental infor21 mation that is available to the public under applicable

22 provisions of law.

23 (f) USER FEES.—Fees for dissemination of Depart24 ment information products or services may be set at a level
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1 sufficient to recover the cost of the dissemination, but no

2 higher.

3 SEC. 111. BUREAU OF ENVIRONMENTAL STATISTICS.

4 (a) ESTABLISHMENT.—There is established within the

5 Department the Bureau of Environmental Statistics (here6 inafter in this section referred to as the ‘‘Bureau’’). The

7 purpose of the Bureau is to provide in accordance with this

8 section such environmental quality and related public

9 health and economic information, and such evaluation and

10 analyses of such information, as may be appropriate, to

11 meet adequately and fully the needs of the Department in

12 carrying out its functions under applicable law, and the

13 Congress.

14 (b) DIRECTOR OF ENVIRONMENTAL STATISTICS.—

15 (1) IN GENERAL.—The Bureau shall be under the

16 direction of the Director of Environmental Statistics

17 (hereinafter in this section referred to as the ‘‘Direc18 tor’’), who shall report directly to the Secretary.

19 (2) APPOINTMENT, TERM, AND REMOVAL.—

20 (A) APPOINTMENT AND TERM.—The Direc21 tor shall—

22 (i) be appointed by the Secretary for a

23 term of 4 years; and

24 (ii) be selected from individuals who

25 are well qualified through experience or
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1 training in the collection and analysis of

2 environmental statistics.

3 (B) SERVICE AFTER EXPIRATION OF

4 TERM.—An individual may, at the request of the

5 Secretary, serve as Director after the expiration

6 of his or her term for not more than 3 months

7 until his or her successor has taken office.

8 (C) REMOVAL.—An individual may be re9 moved as Director by the Secretary only for mal10 feasance in office or neglect of duty.

11 (D) REAPPOINTMENT.—An individual serv12 ing as Director may be reappointed for addi13 tional terms.

14 (3) COMPENSATION.—The Director shall be com15 pensated at the rate provided for level V of the Execu16 tive Schedule under section 5316 of title 5, United

17 States Code.

18 (c) FUNCTIONS OF DIRECTOR.—

19 (1) IN GENERAL.—The functions of the Director

20 shall include—

21 (A) collecting, compiling, analyzing, and

22 publishing a comprehensive set of environmental

23 quality and related public health, economic, and

24 statistical data for determining environmental

25 quality and related measures of public health,
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1 over both the short- and long-term, including as2 sessing—

3 (i) ambient conditions and trends; and

4 (ii) the distribution of environmental

5 conditions and related public health condi6 tions across all affected populations, includ7 ing those populations identifiable on the

8 basis of income, race, ethnicity, or national

9 origin;

10 (B) evaluating the adequacy of available

11 statistical measures to determine the Depart12 ment’s success in fulfilling statutory require13 ments;

14 (C) ensuring that data and measures re15 ferred to in this subsection are accurate, reliable,

16 relevant, and in a form that permits systematic

17 analysis;

18 (D) collecting and analyzing such other

19 data as may be required by the Director to—

20 (i) efficiently and effectively fulfill the

21 Director’s responsibilities, or

22 (ii) identify new environmental prob23 lems;

24 (E) conducting specialized analyses and

25 preparing special reports on particular subjects
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1 whenever required to do so by the President, by

2 law, or by the Secretary, or when considered ap3 propriate by the Director; and

4 (F) making readily accessible or, to the ex5 tent practicable, disseminating all publicly

6 available data collected under subparagraph (A)

7 or (B), in a timely manner and using dissemi8 nation methods that will maximize the utility of

9 such publicly available information to the public.

10 (2) TECHNICAL CAPABILITIES TO PERFORM

11 ANALYSES.—The Director shall establish and main12 tain the scientific, engineering, statistical, and other

13 technical capability to perform analysis of environ14 mental quality and related public health and eco15 nomic data, to—

16 (A) verify the accuracy of items of environ17 mental quality and related public health and

18 economic data submitted to the Director; and

19 (B) ensure the coordination and com20 parability of that data.

21 (d) POWERS OF DIRECTOR.—

22 (1) IN GENERAL.—The Director is authorized on

23 a nonexclusive basis, to exercise and enforce any au24 thority vested in the Secretary by law that relates to

25 the collection, gathering, reporting, evaluating, analy-
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1 sis, or dissemination of environmental quality data

2 and related measures of public health in order to

3 carry out fully the functions of the Director.

4 (2) ACTIONS NOT SUBJECT TO APPROVAL.—The

5 Director shall not be required to—

6 (A) obtain the approval of any other officer

7 or employee of the Department in connection

8 with the collection, compilation, evaluation,

9 analysis, or dissemination of any information;

10 or

11 (B) obtain, prior to publication, the ap12 proval of any other officer or employee of the

13 United States with respect to the substance of

14 any reports prepared in accordance with law.

15 (3) PROVIDING ASSISTANCE.—The Director may,

16 upon request, provide technical assistance to offices of

17 the Department and to other Federal agencies for the

18 purpose of assuring the technical quality and the co19 ordination of statistical activities of the Department.

20 Such assistance may include reviewing data collection

21 plans, survey designs, and pretests, management of

22 data, and quality of data. The Director shall, upon

23 request, promptly provide any information or analy24 sis in the possession of the Bureau to any office with-
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1 in the Department which such office determines re2 lates to the functions of such office.

3 (4) COLLECTION OF DATA FROM OTHER AGEN4 CIES, PERSONS, ETC.—Subject to other applicable

5 provisions of law, the Director, in carrying out re6 sponsibilities under this Act, may collect data from

7 such Federal agencies, State or local governments or

8 instrumentalities, Indian tribes, businesses, and other

9 individuals, persons, organizations, and institutions

10 as the Director considers appropriate.

11 (5) USE OF DATA COLLECTED BY FEDERAL

12 AGENCIES.—

13 (A) IN GENERAL.—The Director may—

14 (i) use data collected by any Federal

15 agency, and

16 (ii) enter into interagency or intra17 agency agreements for the collection of data

18 for the purposes of this section.

19 (B) PROVISION OF DATA TO DIRECTOR.—

20 Subject to applicable law, all Federal agencies

21 (including agencies in the Department) shall

22 provide to the Director, in a timely manner and

23 to the extent possible in a usable electronic for24 mat, any data that the Director requires to carry

25 out responsibilities under this Act.
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1 (C) COOPERATIVE COLLECTION OF DATA.—

2 The Director may—

3 (i) arrange with any agency, organiza4 tion, or institution for the cooperative col5 lection of data for the purposes of this

6 section, and

7 (ii) assign employees of the Bureau to

8 any such agency, organization, or institu9 tion to assist in such collection.

10 (6) OBTAINING EMPLOYEES AND SERVICES.—The

11 Director—

12 (A) may select, appoint, and employ such

13 officers and employees as may be necessary to

14 carry out the functions of the Bureau, subject

15 to—

16 (i) the provisions of title 5, United

17 States Code, governing appointments in the

18 competitive service, and

19 (ii) the provisions of chapter 51 and

20 subchapter III of chapter 53 of such title re21 lating to classification and General Sched22 ule pay rates; and

23 (B) may obtain services as authorized by

24 section 3109 of title 5, United States Code, at a

25 rate not to exceed the equivalent daily rate pay-
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1 able for level V of the Executive Schedule under

2 section 5316 of such title.

3 (e) STAFF.—The Secretary shall ensure that the Bu4 reau of Environmental Statistics has staff sufficient to en5 able the Director to efficiently carry out the duties of the

6 Director.

7 (f) CONTINUING PERFORMANCE OF FUNCTIONS OF DI8 RECTOR.—An individual who, on the effective date of this

9 Act, is performing any of the functions required by this sec10 tion to be performed by the Director may continue to per11 form such functions until such functions are assigned to an

12 individual appointed as the Director under this Act.

13 (g) AVAILABILITY OF DIRECTOR TO CONGRESS; SPE14 CIAL REPORTS.—The Director—

15 (1) shall be available to the Congress to provide

16 testimony on subjects under the authority of the Di17 rector as any committee of the Congress may request,

18 including on environmental quality data and related

19 measures of public health and analyses thereof;

20 (2) shall, notwithstanding any limitation con21 tained in this section or any other provision of law,

22 make available to any committee of the Congress hav23 ing jurisdiction over any program of the Department,

24 upon written request of the committee, any informa25 tion reported or otherwise obtained, and any evalua-
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1 tion or analysis made, by the Director or any officer

2 or employee of the Bureau under this section that

3 relates to that program; and

4 (3) may provide, and charge for, statistical

5 records, compilations, surveys, and reports to State

6 and local officials, public and private organizations,

7 and individuals.

8 (h) CONFIDENTIALITY OF INFORMATION.—

9 (1) IN GENERAL.—The Director may not make

10 public any information obtained under this section

11 that is exempt from disclosure pursuant to subsection

12 (b)(4) of section 552 of title 5, United States Code, ex13 cept as provided in subsection (d) of that section and

14 this section.

15 (2) ACCESS TO INFORMATION IN POSSESSION OF

16 OTHER FEDERAL AGENCY.—In furtherance and not in

17 limitation of any other authority, the Director, on be18 half of the Secretary, shall have access to environ19 mental and related public health, economic, and sta20 tistical information in the possession of the Depart21 ment or any other Federal agency, except informa22 tion—

23 (A) the disclosure of which to another Fed24 eral agency is expressly prohibited by law; or
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1 (B) the disclosure of which the agency hav2 ing possession determines would significantly

3 impair the discharge of authorities and respon4 sibilities that have been delegated to, or vested by

5 law, in such agency.

6 (3) OBTAINING INFORMATION TO WHICH ACCESS

7 IS DENIED.—In any case in which the Director is de8 nied information that is necessary to achieve the pur9 poses of this Act, the Director shall take appropriate

10 action, pursuant to paragraph (2), to obtain such in11 formation from the original sources of the informa12 tion or an alternate source. Such an alternate source

13 shall be notified of the reason for any request under

14 this paragraph for information.

15 (4) DISCLOSURE OF INFORMATION TO FEDERAL

16 AGENCIES.—Notwithstanding paragraphs (1) and (2)

17 and section 552(b)(4) of title 5, United States Code,

18 the Director, unless prohibited by law, may disclose

19 any information obtained under this section to—

20 (A) the General Accounting Office; and

21 (B) any department or agency of the Fed22 eral Government that requests the information to

23 carry out its lawful functions.

24 (5) CONTINUING APPLICATION OF OTHER RE25 STRICTIONS.—Any information disclosed by the Di-
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1 rector under paragraph (4) shall continue thereafter

2 to be subject to any restriction, requirement, or condi3 tion regarding the use or disclosure of the information

4 that applies to the Department.

5 (i) ESTABLISHMENT OF PUBLIC PARTICIPATION PROC6 ESS.—The Director shall establish an ongoing balanced

7 process for obtaining public advice, guidance, and rec8 ommendations on the implementation of the functions of the

9 Director.

10 (j) PEER REVIEW OF BUREAU.—

11 (1) REVIEW REQUIREMENT.—The statistical pro12 cedures and methodology of the Bureau shall be sub13 ject to an annual peer review. Such review shall be

14 conducted by a Peer Review Team, which shall pre15 pare and submit to the President and the Congress a

16 report describing its investigation and findings.

17 (2) PEER REVIEW TEAM.—The Peer Review

18 Team shall consist of at least 5 professionally quali19 fied persons who are officers or employees of the

20 United States, of whom at least—

21 (A) one shall be designated by the Director

22 of the Bureau of the Census;

23 (B) one shall be designated by the Commis24 sioner of Labor Statistics;
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1 (C) one shall be designated by the Director

2 of the National Center for Health Statistics;

3 (D) one shall be designated by the Adminis4 trator of the Energy Information Administra5 tion; and

6 (E) one shall be designated by the Comp7 troller General of the United States.

8 (3) CHAIRMAN.—The member of the Peer Review

9 Team appointed under paragraph (2)(E) shall be the

10 Chairman of the Team.

11 (4) RESPONSIBILITIES OF DIRECTOR AND SEC12 RETARY.—The Director and the Secretary—

13 (A) shall cooperate fully with the Peer Re14 view Team; and

15 (B) notwithstanding any other provisions of

16 law, shall make available to the Peer Review

17 Team such relevant data, information, docu18 ments, and services as the Peer Review Team de19 termines are necessary for successful completion

20 of its peer review.

21 (5) CONFIDENTIALITY OF INFORMATION.—Infor22 mation made available to the Peer Review Team

23 under paragraph (4)(B) shall be subject to the con24 fidentiality standards applicable to the information

25 under subsection (h).
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1 (k) SPECIFICATION IN BUDGET OF PROPOSED APPRO2 PRIATIONS.—The President shall include in each budget

3 submitted under section 1105 of title 31, United States

4 Code—

5 (1) an estimate of expenditures and appropria6 tions necessary to carry out this section for the fiscal

7 year covered by the budget; and

8 (2) a statement of the difference, if any, between

9 the estimate under paragraph (1) and the appropria10 tion request for the fiscal year that is submitted to the

11 President by the Director under section 1108 of that

12 title.

13 (l) STATE AND LOCAL GOVERNMENTS.—Any require14 ment solely under this section or a regulation promulgated

15 solely under this section, that a State or local government

16 collect data, conduct an activity, or provide a service, shall

17 apply to the State or local government only if all funds

18 necessary to pay the direct costs incurred by the government

19 in conducting the activity, or providing the service, are pro20 vided by the Federal Government. Nothing in this sub21 section shall affect the authority of the Director to collect

22 data or information from a State or local government that

23 is available without need for further collection by that gov24 ernment, or that is otherwise required by law.
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1 SEC. 112. OFFICE OF ENVIRONMENTAL JUSTICE.

2 (a) OFFICE OF ENVIRONMENTAL JUSTICE.—The Sec3 retary shall establish in the Department an Office of Envi4 ronmental Justice (hereinafter in this section referred to as

5 the ‘‘Office’’), which shall be independent of the Depart6 ment’s single-medium program offices but shall have the au7 thority to advise such offices about environmental justice

8 matters. The Office shall be under the direction of a Direc9 tor appointed by the President, with the advice and consent

10 of the Senate. The Director shall be compensated at level

11 V of the Executive Schedule under section 5316 of title 5,

12 United States Code.

13 (b) FUNCTIONS.—The Director shall develop and, with

14 the approval of the Secretary, implement a strategy to pro15 mote, to the greatest extent practicable and consistent with

16 the provisions of this section and other provisions of law

17 applicable to the Department, environmental justice for all

18 people wherever they are located or work in the United

19 States, and regardless of income, race, ethnicity, or national

20 origin.

21 (c) ENVIRONMENTAL JUSTICE ADVISORY COMMIT22 TEE.—

23 (1) ESTABLISHMENT OF ADVISORY COMMIT24 TEE.—The Secretary shall establish an Advisory

25 Committee on Environmental Justice (hereinafter in

26 this subsection referred to as the ‘‘Committee’’), which
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1 shall advise the Secretary and the Director on matters

2 relating to the strategic direction, policies, and pro3 grams of the Department under this section.

4 (2) APPOINTMENTS.—

5 (A) MEMBERSHIP.—The Committee shall be

6 composed of not more than 15 members ap7 pointed by the Secretary. The Director and the

8 Secretary (or their designees) shall be ex officio

9 members of the Committee. The Secretary shall,

10 in appointing members of the Committee—

11 (i) ensure that the Committee is fairly

12 balanced with respect to points of view rep13 resented and with regard to racial, gender,

14 ethnic, and geographic representation;

15 (ii) include individuals who have

16 knowledge of, and experience with, environ17 mental conditions in racial minority, ethnic

18 minority, or moderate- and low-income

19 communities;

20 (iii) include individuals who are recog21 nized experts in the fields of environmental

22 law, socioeconomic analysis, health and en23 vironmental effects, exposure evaluation,

24 and environmental health science research;

25 and
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1 (iv) include individuals who represent

2 the regulated community, labor, commu3 nity-based groups, Federal, State, and local

4 governments, Indian tribes, and other enti5 ties that the Secretary determines to be ap6 propriate.

7 (B) TERMS.—Except as provided in sub8 paragraph (C), members of the Board shall be

9 appointed for a 3-year term, and may be

10 reappointed for 1 additional term. Appointees to

11 vacancies shall serve for the remainder of the

12 original member’s term.

13 (C) STAGGERED TERMS.—Of the members

14 first appointed to the Committee—

15 (i) one-third shall be appointed for a

16 1-year term; and

17 (ii) one-third shall be appointed for a

18 2-year term.

19 (d) STATE AND LOCAL GOVERNMENTS.—Any require20 ment or strategy implemented by the Director solely as a

21 result of provisions under this section or a regulation pro22 mulgated solely under the provisions of this section, that

23 a State or local government conduct an activity, or provide

24 a service, shall apply to the State or local government only

25 if all funds necessary to pay the direct costs incurred by
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1 the government in conducting the activity, or providing the

2 service, are provided by the Federal Government.

3 SEC. 113. OFFICE OF ENVIRONMENTAL RISK.

4 (a) OFFICE OF ENVIRONMENTAL RISK.—The Secretary

5 shall establish in the Department an Office of Environ6 mental Risk (hereinafter in this section referred to as the

7 ‘‘Office’’), which shall be independent of the Department’s

8 single-medium program offices but shall have the authority

9 to advise such offices about environmental relative risk mat10 ters. The Office shall be under the direction of a Director

11 appointed by the President, by and with the advice and

12 consent of the Senate. The Director shall be compensated

13 at level V of the Executive Schedule under section 5316 of

14 title 5, United States Code.

15 (b) FUNCTIONS.—The Director shall develop and, with

16 the approval of the Secretary, implement a strategy, to at17 tain, to the greatest extent practicable and consistent with

18 the provisions of this section and other provisions of law

19 applicable to the Department, reductions in risk to human

20 health and the environment that are practicable with the

21 resources available.

22 (c) ADVISORY COMMITTEE ON RELATIVE RISKS.—

23 (1) ESTABLISHMENT OF ADVISORY COMMIT24 TEE.—The Secretary shall establish an Advisory

25 Committee on Relative Risk (hereinafter in this sub-
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1 section referred to as the ‘‘Committee’’), which shall

2 advise the Secretary and the Director on matters re3 lating to the strategic direction, policies, and pro4 grams of the Department under this section.

5 (2) MEMBERS.—

6 (A) IN GENERAL.—The Secretary shall ap7 point 15 members to the Committee. In making

8 appointments to the Committee, the Secretary

9 shall request nominations from the heads of the

10 National Academy of Sciences, the National

11 Academy of Engineering, the Assistant to the

12 President for Science and Technology, the Soci13 ety for Risk Analysis, and such other individuals

14 as the Secretary determines to be appropriate.

15 (B) REPRESENTATION.—The Secretary shall

16 appoint a representative group of individuals on

17 the basis of the recognized expertise and ability

18 of the individuals in the areas of human health

19 effects (including physicians and industrial hy20 gienists), ecological effects, welfare effects, law,

21 engineering, economics, risk communications,

22 and other such specialties related to risk man23 agement and risk assessment as the Secretary

24 considers appropriate.
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1 (C) CONSIDERATIONS OF THE SEC2 RETARY.—In making appointments, the Sec3 retary shall appoint members so as to represent

4 a balanced spectrum of expertise and ability. The

5 Secretary shall take such action as is necessary

6 to ensure that—

7 (i) the appointments are made only on

8 the basis of the criteria referred to in the

9 previous sentence, and not other criteria,

10 such as political affiliation; and

11 (ii) each member appointed to the

12 Committee has no real or apparent conflict

13 of interest with respect to serving on the

14 Committee.

15 (D) LIST.—The Secretary shall publish a

16 list of the individuals who supply nominations

17 pursuant to this paragraph and their respective

18 nominees.

19 (E) TERMS.—Except as provided in sub20 paragraph (F), members of the Board shall be

21 appointed for a 3-year term, and may be

22 reappointed for 1 additional term. Appointees to

23 vacancies shall serve for the remainder of the

24 original member’s term.
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1 (F) STAGGERED TERMS.—Of the members

2 first appointed to the Committee—

3 (i) one-third shall be appointed for a

4 1-year term; and

5 (ii) one-third shall be appointed for a

6 2-year term.

7 SEC. 114. SCIENTIFIC INTEGRITY.

8 (a) IN GENERAL.—The Secretary, in carrying out re9 sponsibilities of the Secretary under this Act and any other

10 Act that applies to the Department, shall—

11 (1) provide for the development and acquisition

12 of the best credible and unbiased scientific informa13 tion, and make such information available on a time14 ly basis, for use by, and guidance of, the Secretary;

15 and

16 (2) develop, publish, and implement, within 18

17 months after the date of the enactment of this Act,

18 meaningful peer review and quality assurance guide19 lines and policies for improved performance of the

20 Department and its activities, which guidelines and

21 policies shall identify, to the greatest extent possible,

22 the types or categories of science-based, science23 dependent, and technical products that will be subject

24 to them.
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1 (b) PRODUCTS DEFINED.—In subsection (a)(2), the

2 term ‘‘products’’—

3 (1) includes studies, reports, models, analyses,

4 and other publications used to support rulemaking;

5 and

6 (2) does not include the promulgation of a rule,

7 the issuance or denial of a permit, or the taking of

8 enforcement actions.

9 (c) LIMITATION ON LEGAL EFFECT.—This section

10 shall not be the basis for challenging actions taken under

11 other provisions of law, or the cause of delay of any action

12 required to meet a statutory or court-imposed deadline.

13 SEC. 115. CONFLICTS OF INTEREST OF MEMBERS OF ADVI14 SORY COMMITTEES.

15 (a) CONFLICTS OF INTEREST REPORTING REQUIRE16 MENTS.—Each member of an advisory committee of the De17 partment who is not an officer or employee of the Federal

18 Government shall file with the Secretary an annual written

19 report disclosing—

20 (1) the member’s principal employment;

21 (2) all other corporations, companies, firms,

22 partnerships, business enterprises, research organiza23 tions, educational institutions, or other entities in or

24 to which the member serves as an employee, officer,

25 adviser, director, owner, or consultant, including a
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1 description of the nature of the member’s service, but

2 only to the extent the entity or relationship is rel3 evant to the purposes and functions of the advisory

4 committee; and

5 (3) the identity, but not the value or amount, of

6 any sources of income or financial interests of the

7 member that are or may be relevant to the purposes

8 and functions of the advisory committee.

9 (b) PUBLIC ACCESS TO REPORTS.—The Secretary

10 shall, within 15 days after receiving any report under this

11 section, permit inspection of such report by, or furnish a

12 copy of such report to, any person requesting such inspec13 tion or copy, subject to the terms and conditions established

14 by section 104 of the Ethics in Government Act of 1978

15 (2 U.S.C. 704) for reports filed under that Act.

16 (c) BALANCED REPRESENTATION REQUIREMENT.—

17 (1) IN GENERAL.—The membership of each advi18 sory committee appointed by the Department shall be

19 balanced in terms of the points of view represented

20 and the functions to be performed by the advisory

21 committee. In order to meet this requirement, each

22 such advisory committee shall have representatives

23 appointed from among the following groups:

24 (A) The affected industry.
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1 (B) Consumer, labor, environmental, health,

2 and public interest groups.

3 (C) State and local governments and In4 dian tribes.

5 (2) TREATMENT OF CATEGORIES.—The categories

6 described in paragraphs (1) (A), (B), and (C)—

7 (A) are not exclusive, and

8 (B) may each be waived by the appointing

9 authority if a determination is made in writing

10 explaining why the category is not germane to

11 the work of the advisory committee.

12 (3) JUDICIAL REVIEW.—A determination under

13 paragraph (2)(B) is subject to judicial review.

14 (d) ADVISORY COMMITTEE COMPENSATION.—

15 (1) IN GENERAL.—Subject to paragraph (2), the

16 Secretary may pay members of advisory committees

17 of the Department at rates for individuals not to ex18 ceed the per diem rate equivalent to the rate for level

19 V of the Executive Schedule under section 5316 of

20 title 5, United States Code.

21 (2) CONDITION.—The Secretary may not pay

22 compensation to an individual under paragraph (1)

23 unless compensation is necessary because—

24 (A) the services of the individual are consid25 ered by the Secretary to be essential;
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1 (B) failure to pay compensation would con2 stitute a financial hardship for the individual;

3 or

4 (C) the individual has professional expertise

5 that may not be obtained without compensation.

6 SEC. 116. LIMITATION ON SCOPE OF CERTAIN UMBRELLA

7 CONTRACTS BY DEPARTMENT FOR ADVISORY

8 AND ASSISTANCE SERVICES.

9 (a) ENSURING COMPETITION FOR UMBRELLA CON10 TRACTS.—The Department may enter into an umbrella

11 contract only under the following conditions:

12 (1) The period covered by the contract does not

13 exceed—

14 (A) in the case of a response action contract

15 (as that term is defined in section 119(e) of the

16 Comprehensive Environmental Response, Com17 pensation, and Liability Act of 1980 (42 U.S.C.

18 9619(e), as in effect on the date of the enactment

19 of this Act), 10 years; or

20 (B) in the case of any other contract—

21 (i) 5 years; or

22 (ii) such longer period as may be spec23 ified by the Secretary, if the Secretary de24 termines in writing that unusual and com-
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1 pelling circumstances exist justifying an

2 umbrella contract for a longer period.

3 (2) Except as provided in subsection (e), the con4 tract is awarded pursuant to full and open competi5 tion (as that term is defined in section 4 of the Office

6 Federal Procurement Policy Act (41 U.S.C. 403)), un7 less the Secretary determines in writing that—

8 (A) the services to be procured under the

9 contract are available from only one responsible

10 source and no other type of services will satisfy

11 the needs of the Department; or

12 (B) the Department’s need for the services to

13 be provided under the contract is of such an un14 usual and compelling urgency that the Govern15 ment would be seriously injured unless the De16 partment is permitted to limit the number of

17 sources from which it solicits bids or proposals.

18 (3) The contract does not authorize the contrac19 tor to procure items on behalf of the Government, ex20 cept that the contract may authorize the contractor to

21 procure personal property if—

22 (A) it is procured under a response action

23 contract referred to in paragraph (1),

24 (B) it is procured for the performance of the

25 contract, and
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1 (C) all right, title, and interest in the prop2 erty vests in the Government.

3 (b) PROHIBITION OF ‘‘CONTRACT SHOPPING’’.—

4 (1) LIMITATION.—Task orders or work assign5 ments may be made under an umbrella contract

6 awarded by the Department only to carry out the

7 mission of the office, function, or program that re8 quested the umbrella contract.

9 (2) WAIVER.—The Secretary (or a designee who

10 is an officer of the Department at or above the level

11 of the senior procurement executive of the Department

12 designated pursuant to section 16(3) of the Office

13 Federal Procurement Policy Act (41 U.S.C. 414(3))

14 may waive the application of the limitation set forth

15 in paragraph (1) to a task order or work assignment

16 if he or she determines in writing that—

17 (A) the task order or work assignment is

18 within the scope of the umbrella contract;

19 (B) there is an identifiable emergency or

20 other urgent requirement that cannot be met by

21 other means; and

22 (C) there is no other contract available to

23 the office seeking the waiver that is suitable for

24 the task order.
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1 (3) APPLICATION.—Paragraph (1) does not

2 apply to any contract which is determined by the

3 Secretary in writing, before the award of the contract,

4 as being necessary to meet the needs of more than one

5 office, function, or program.

6 (c) FOLLOW-ON COMPETITION.—Statements of work in

7 an umbrella contract awarded by the Department shall be

8 prepared so as to ensure full and open competition (as that

9 term is defined in section 4 of the Office Federal Procure10 ment Policy Act (41 U.S.C. 403) for any new contract that

11 results from, completes, or supplements the work performed

12 under the umbrella contract.

13 (d) SUBCONTRACTORS.—

14 (1) IDENTIFICATION OF SUBCONTRACTORS.—Any

15 solicitation for an umbrella contract awarded by the

16 Department shall require that all offerors identify in

17 their proposals all prospective subcontractors and the

18 qualifications of those subcontractors.

19 (2) RESTRICTION ON ELIGIBILITY FOR SUB20 CONTRACTS.—A person who is not identified as a

21 prospective subcontractor in accordance with para22 graph (1) by the prime contractor for an umbrella

23 contract awarded by the Department shall not be eli24 gible to perform any task order or work assignment

25 as a subcontractor under the umbrella contract.
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1 (3) WAIVER.—

2 (A) The Secretary (or a designee who is an

3 officer of the Department at or above the level of

4 the senior procurement executive of the Depart5 ment designated pursuant to section 16(3) of the

6 Office of Federal Procurement Policy Act (41

7 U.S.C. 414(3)) may waive the application of the

8 restriction set forth in paragraph (2) to a task

9 order if the Secretary determines in writing that

10 unusual circumstances exist making such a

11 waiver in the interests of the Government.

12 (B) For purposes of subparagraph (A), the

13 term ‘‘unusual circumstances’’ means—

14 (i) insolvency, nonresponsibility, sus15 pension, or debarment of all subcontractors

16 identified pursuant to paragraph (1) that

17 are qualified to perform a task order or

18 work assignment for which the waiver is

19 granted;

20 (ii) a lack of any technical skills nec21 essary to perform the task order or work as22 signment for which the waiver is granted,

23 by all subcontractors identified pursuant to

24 paragraph (1);
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1 (iii) other circumstances similar to

2 those referred to in clauses (i) and (ii); or

3 (iv) any identifiable emergency or

4 other urgent requirement determined by the

5 Secretary in writing to exist.

6 (4) COMPETITION.—In any case in which the

7 Secretary or his or her designee grants a waiver

8 under paragraph (3), the award by the prime con9 tractor to the subcontractor of a subcontract to per10 form a task for which the waiver is granted shall be

11 on a competitive basis unless the written determina12 tion under paragraph (3)—

13 (A) approves a noncompetitive award; and

14 (B) includes a finding that—

15 (i) an identifiable emergency or other

16 urgent requirement exists; or

17 (ii) no other qualified source is reason18 ably available.

19 (5) LIMITATION ON APPLICATION.—This sub20 section shall not apply to a response action contract

21 (as that term is defined in section 119(e) of the Com22 prehensive Environmental Response, Compensation,

23 and Liability Act of 1980 (42 U.S.C. 9619(e)), as in

24 effect on the date of the enactment of this Act).
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1 (e) PROVISIONS NOT AFFECTED.—Nothing in this sec2 tion shall be construed as amending, modifying, or super3 seding, or is intended to impair or restrict authorities or

4 responsibilities under—

5 (1) title IX of the Federal Property and Admin6 istrative Services Act of 1949 (40 U.S.C. 541 et seq.),

7 commonly referred to as the ‘‘Brooks Architect-Engi8 neers Act’’;

9 (2) the Small Business Act (15 U.S.C. 631 et

10 seq.), including section 8(a) of that Act (15 U.S.C.

11 637(a)); or

12 (3) title X of the Act of November 15, 1990 (42

13 U.S.C. 7601 note), popularly known as the ‘‘Clean

14 Air Act Amendments of 1990’’, relating to disadvan15 taged business concerns.

16 (f) DEFINITIONS.—In this section—

17 (1) the term ‘‘advisory and assistance serv18 ices’’—

19 (A) means services to support or improve—

20 (i) agency policy development, deci21 sionmaking, management, and administra22 tion; or

23 (ii) the operation of management sys24 tems; and

25 (B) includes—
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1 (i) management and professional sup2 port services;

3 (ii) the conduct of studies, analyses,

4 and evaluations; and

5 (iii) engineering and technical services,

6 including services provided under a re7 sponse action contract (as that term is used

8 in subsection (a)(1)(B)); and

9 (2) the term ‘‘umbrella contract’’ means a con10 tract by the Department that—

11 (A) provides for the performance of specific

12 advisory and assistance services;

13 (B) does not procure or specify a firm

14 quantity of services;

15 (C) provides for services to be supplied to

16 the Government in response to specific task or17 ders to the contractor from the Government;

18 (D) requires the contractor to provide a

19 stated amount of effort over a given period of

20 time (commonly referred to as a ‘‘level of effort

21 contract’’);

22 (E) has a maximum potential value of more

23 than $1,000,000 and is not a fixed price con24 tract; and

25 (F) is for a period longer than 1 year.
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1 (g) LIMITATION ON APPLICATION TO EXISTING CON2 TRACTS.—

3 (1) IN GENERAL.—Except as provided in para4 graph (2), this section shall not apply to a contract

5 entered into before the effective date of this section.

6 (2) CONTRACTING REQUIREMENTS.—Subsections

7 (b) and (c) shall apply to—

8 (A) a task order or work assignment added

9 on or after the effective date of this section to a

10 contract entered into before that effective date;

11 and

12 (B) a contract that is extended, or for which

13 an option to renew is exercised, on or after the

14 effective date of this section.

15 (h) PUBLIC AVAILABILITY.—Waivers granted under

16 this section shall be available as provided in section 552(b)

17 of title 5, United States Code.

18 SEC. 117. PROHIBITION ON TRANSFERRING TO CONTRAC19 TORS INHERENTLY GOVERNMENTAL FUNC20 TIONS OF DEPARTMENT.

21 (a) POLICY.—It shall be the policy of the Department

22 to prevent the transfer of inherently governmental functions

23 of the Department to private sector contractors and to en24 sure that inherently governmental functions of the Depart25 ment are performed only by officers and employees of the
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1 Department or other agencies and instrumentalities of the

2 Government.

3 (b) FINAL ACTIONS.—Final actions of the Department

4 shall reflect the independent conclusions of Department offi5 cials.

6 (c) RESPONSIBILITIES OF THE SECRETARY.—The Sec7 retary shall—

8 (1) ensure that the Department is in full compli9 ance with all statutes and regulations that govern the

10 performance of inherently Governmental functions,

11 including by periodically reviewing the operations of

12 the Department with regard to compliance with stat13 utes and regulations governing performance of inher14 ently governmental functions (including this section);

15 (2) ensure that no contract is solicited or award16 ed by the Department, and no task order or work as17 signment is made under a contract awarded by the

18 Department, that fails to comply with statutes and

19 regulations that govern the performance of inherently

20 governmental functions;

21 (3) provide enhanced scrutiny and management

22 oversight when the Department is contracting for

23 functions that, although not inherently governmental,

24 closely support the performance of inherently govern25 mental functions; and
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1 (4) promulgate regulations in the Department’s

2 supplement to the Federal Acquisition Regulation

3 that specify that inherently governmental functions of

4 the Department include—

5 (A) regulation of public health, industry,

6 commerce, or the environment;

7 (B) development (other than technical as8 sistance) and drafting of rules, standards, regu9 lations, and Government policies; and

10 (C) preparation of contractual documents,

11 including solicitations, specifications, statements

12 of work, and contract orders, except in the case

13 of specifications and statements of work of a

14 technical nature requiring expertise not available

15 in the Department.

16 (d) DISCLAIMER.—This section shall not be construed

17 as creating—

18 (1) any substantive or procedural basis on which

19 to challenge any agency action or inaction; or

20 (2) any right or benefit enforceable by law.

21 (e) LIMITATION ON APPLICATION.—

22 (1) IN GENERAL.—Except as provided in para23 graph (2), this section shall not apply to an inher24 ently governmental function performed under a con-
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1 tract entered into before the effective date of that

2 section.

3 (2) INHERENTLY GOVERNMENTAL FUNCTIONS.—

4 This section shall apply to an inherently govern5 mental function performed or sought to be per6 formed—

7 (A) under a task added on or after the effec8 tive date of that section to a contract entered

9 into before that effective date;

10 (B) under an order made on or after the ef11 fective date of that section under a contract en12 tered into before that effective date; or

13 (C) on or after the effective date of that sec14 tion under a contract that is extended, or for

15 which an option to renew is exercised, on or

16 after that effective date.

17 (f) RELATIONSHIP TO OTHER LAW.—The requirements

18 of this section are in addition to, and do not supersede or

19 affect, other provisions of law.

20 SEC. 118. DISALLOWANCE OF, AND PENALTIES FOR, IM21 PROPERLY CLAIMED COSTS UNDER DEPART22 MENT CONTRACTS AND REGULATIONS.

23 (a) COSTS DISALLOWED.—If a contractor under a cov24 ered contract submits a proposal for settlement of indirect

25 costs incurred by the contractor for any period after such
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1 costs have been accrued, and if that proposal includes the

2 submission of a cost which is unallowable because the cost

3 violates a cost principle in the Federal Acquisition Regula4 tion promulgated under section 25 of the Office of Federal

5 Procurement Policy Act (41 U.S.C. 421) or in the Depart6 ment’s supplement to the Federal Acquisition Regulation,

7 or violates a provision of statute, the cost shall be dis8 allowed.

9 (b) PENALTIES.—

10 (1) IN GENERAL.—If the Secretary determines

11 that a cost submitted by a contractor under a covered

12 contract in its proposal for settlement is expressly un13 allowable under a cost principle referred to in sub14 section (a) that defines the allowability of specific se15 lected costs, the Secretary shall assess a penalty

16 against the contractor in an amount equal to—

17 (A) the amount of the disallowed cost allo18 cated to covered contracts for which a proposal

19 for settlement of indirect costs has been submit20 ted; plus

21 (B) interest to compensate the United States

22 for the use of any funds which the contractor has

23 been paid in excess of the amount to which the

24 contractor was entitled.
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1 (2) INCREASED PENALTY.—If the Secretary de2 termines that a proposal for settlement of indirect

3 costs submitted by a contractor under a covered con4 tract includes a cost determined to be unallowable in

5 the case of such contractor before the submission of

6 such proposal, the Secretary shall assess a penalty

7 against the contractor in an amount equal to twice

8 the amount of the disallowed cost allocated to covered

9 contracts for which a proposal for settlement of indi10 rect costs has been submitted.

11 (c) WAIVER OF PENALTIES.—The Secretary may

12 waive a penalty under subsection (b) in the case of a con13 tractor’s proposal for settlement of indirect costs if—

14 (1) the contractor withdraws the proposal before

15 the formal initiation of an audit of the proposal by

16 the Government and resubmits a revised proposal;

17 (2) the amount of unallowable costs subject to the

18 penalty is insignificant; or

19 (3) the contractor demonstrates, to the contract20 ing officer’s satisfaction, that—

21 (A) it has established appropriate policies

22 and personnel training and an internal control

23 and review system that provide assurance that

24 unallowable costs subject to penalties are pre-
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1 cluded from being included in the contractor’s

2 proposal for settlement of indirect costs; and

3 (B) the unallowable costs subject to the pen4 alty were inadvertently incorporated into the

5 proposal.

6 Such waivers shall be available in accordance with section

7 552(b) of title 5, United States Code.

8 (d) DEPARTMENT ACTIONS.—An action of the Sec9 retary under subsection (a) or (b)—

10 (1) shall be considered a final decision for pur11 poses of section 6 of the Contract Disputes Act of 1978

12 (41 U.S.C. 605); and

13 (2) is appealable in the manner provided in sec14 tion 7 of that Act (41 U.S.C. 606).

15 (e) CERTIFICATION.—

16 (1) IN GENERAL.—A proposal for settlement of

17 indirect costs applicable to a covered contract shall

18 include a certification by an official of the contractor

19 that, to the best of the certifying official’s knowledge

20 and belief, all indirect costs included in the proposal

21 are allowable.

22 (2) WAIVER OF CERTIFICATION REQUIREMENT.—

23 The Secretary may, in an exceptional case, waive the

24 requirement for certification under paragraph (1) in

25 the case of any covered contract if the Secretary—
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1 (A) determines in such case that it would be

2 in the interest of the United States to waive such

3 determination; and

4 (B) states in writing the reasons for that

5 determination and makes such determination

6 available to the public.

7 Such waivers shall be available in accordance with section

8 552(b) of title 5, United States Code.

9 (f) CRIMINAL PENALTIES.—The submission to the De10 partment of a proposal for settlement of costs for any period

11 after such costs have been accrued that includes a cost that

12 is expressly specified by law or regulation as being unallow13 able, with the knowledge that such cost is unallowable, shall

14 be subject to the provisions of section 287 of title 18 and

15 section 3729 of title 31, United States Code.

16 (g) BURDEN OF PROOF IN PROCEEDINGS.—In a pro17 ceeding before a board of contract appeals, the United States

18 Court of Federal Claims, or any other Federal Court in

19 which the reasonableness of indirect costs for which a con20 tractor seeks reimbursement from the Department is in

21 issue, the burden of proof shall be upon the contractor to

22 establish that those costs are reasonable.

23 (h) DOCUMENTATION OF COSTS.—Costs shall be allow24 able under a covered contract only to the extent that such

25 costs are supported by sufficient documentation (as speci-
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1 fied by regulations issued by the Secretary under section

2 122) to permit audit.

3 (i) COVERED CONTRACT DEFINED.—As used in this

4 section and sections 119 and 120, the term ‘‘covered con5 tract’’ means a contract for an amount more than $100,000,

6 other than a fixed-price contract without cost incentives, en7 tered into by the Department.

8 SEC. 119. CONTRACTOR EMPLOYEE GIFT, ENTERTAINMENT,

9 OR RECREATION COSTS SPECIFICALLY UNAL10 LOWABLE UNDER DEPARTMENT CONTRACTS.

11 Costs of entertainment, gifts, or recreation for contrac12 tor employees or members of their families provided by a

13 contractor to improve employee morale or performance or

14 for any other purpose, are not allowable under a covered

15 contract in any amount, except that nothing in this section

16 precludes a contractor from providing such entertainment,

17 gifts, or recreation to their employees or members of their

18 families at no expense to the Government.

19 SEC. 120. DOCUMENTATION OF CONTRACTOR TRAVEL

20 COSTS.

21 Costs of travel under a covered contract which are oth22 erwise allowable under section 24 of the Office of Federal

23 Procurement Policy Act (41 U.S.C. 421) shall be allowable

24 only if supported by documentation, which shall include

25 documentation of, as specified by regulations issued by the
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1 Secretary under section 122, amounts, times, dates, origin,

2 and destination of the travel, purpose of the travel, and

3 identities of all travelers to which the costs relate.

4 SEC. 121. EFFECTIVE DATES; LIMITATIONS ON APPLICA5 TION.

6 (a) EFFECTIVE DATES.—Sections 116 through 120

7 shall take effect on the earlier of the date that is 90 days

8 after the date of promulgation of regulations under section

9 122, or the date that is 18 months after the date of the en10 actment of this Act.

11 (b) LIMITATIONS ON APPLICATION.—

12 (1) IN GENERAL.—Except as provided in para13 graph (2), sections 118, 119, and 120 shall not apply

14 to a contract entered into before the effective date of

15 those sections.

16 (2) EXCEPTIONS.—Section 118 shall apply to—

17 (A) a task added on or after the effective

18 date of the section to a contract entered into be19 fore that effective date;

20 (B) an order made on or after the effective

21 date of the section under a contract entered into

22 before that effective date; and

23 (C) a contract that is extended, or for which

24 an option to renew is exercised, on or after the

25 effective date of the section.
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1 SEC. 122. REGULATIONS.

2 (a) IN GENERAL.—The Secretary shall promulgate

3 such revisions as may be necessary to the Department’s sup4 plement to the Federal Acquisition Regulation implement5 ing sections 116 through 120 in final form within one year

6 after the date of enactment of this Act. The revisions shall

7 include binding guidance for granting waivers under sub8 sections (b) and (d) of section 116.

9 (b) PROCEDURES.—Section 25(c) of the Office of Fed10 eral Procurement Policy Act (41 U.S.C. 421(c)) shall apply

11 to regulations issued under sections 116 through 120, except

12 that the Administrator for Federal Procurement Policy may

13 rescind or deny the promulgation of any such regulation,

14 or take any other action authorized by section 6 of that

15 Act (41 U.S.C. 405), only with respect to any inconsistency

16 of the regulation with those sections which shall be identi17 fied by the Administrator. The Administrator shall notify

18 the appropriate Committees of the Congress with jurisdic19 tion over the Department and explain the basis for such

20 action.

21 (c) OTHER GOVERNMENT-WIDE REGULATIONS SUPER22 SEDING SECTIONS 118, 119, AND 120.—

23 (1) IN GENERAL.—On and after the effective date

24 of modifications to the Federal Acquisition Regula25 tion relating to the matters covered by sections 118,

26 119, and 120 that apply to all executive agencies, in-
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1 cluding the Department (in this subsection referred to

2 as the ‘‘Government-wide regulations’’), sections 118,

3 119, and 120 (including any regulations issued there4 under) shall be considered to be superseded by the

5 Government-wide regulations, if the Secretary, with

6 the concurrence of the Administrator for Federal Pro7 curement Policy, determines in writing that the Gov8 ernment-wide regulations—

9 (A) cover, for the Department, all of the

10 matters addressed by sections 118, 119, and 120;

11 and

12 (B) are at least equal to all of the require13 ments of sections 118, 119, and 120.

14 (2) NOTIFICATION OF CONGRESS.—The Secretary

15 shall notify the Congress of any determination under

16 paragraph (1) (A) and (B) and of the continuing

17 application of sections 118, 119, and 120.

18 SEC. 123. REFERENCES.

19 Reference in any other Federal law, Executive order,

20 rule, regulation, reorganization plan, delegation of author21 ity, or document—

22 (1) to the Environmental Protection Agency is

23 deemed to refer to the Department of Environmental

24 Protection;
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1 (2) to the Administrator of the Environmental

2 Protection Agency is deemed to refer to the Secretary

3 of the Environment;

4 (3) to the Deputy Administrator of the Environ5 mental Protection Agency is deemed to refer to the

6 Deputy Secretary of the Environment; and

7 (4) to an Assistant Administrator of the Envi8 ronmental Protection Agency is deemed to refer to the

9 corresponding Assistant Secretary of the Department

10 of Environmental Protection who is assigned the

11 functions of that Assistant Administrator.

12 SEC. 124. SAVINGS PROVISIONS.

13 (a) POWERS AND AUTHORITIES.—Except as provided

14 in section 101(e), the Department and its officers, employ15 ees, and agents shall have all the powers and authorities

16 of the Environmental Protection Agency and its officers,

17 employees, and agents, respectively.

18 (b) CONTINUING EFFECT OF LEGAL DOCUMENTS.—All

19 orders, determinations, rules, regulations, permits, grants,

20 contracts, certificates, licenses, privileges, and other admin21 istrative actions—

22 (1) which have been issued, made, granted or al23 lowed to become effective by the President, the Admin24 istrator or other authorized official of the Environ25 mental Protection Agency, or by a court of competent
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1 jurisdiction, which relate to functions of the Adminis2 trator or any other officer or agent of the Environ3 mental Protection Agency actions; and

4 (2) which are in effect at the time this Act takes

5 effect;

6 shall continue in effect according to their terms until modi7 fied, terminated, superseded, set aside, or revoked in accord8 ance with law by the President, the Secretary, or other au9 thorized official, by a court of competent jurisdiction, or

10 by operation of law.

11 (c) PROCEEDINGS NOT AFFECTED.—This Act shall not

12 affect any proceeding, proposed rule, or application for any

13 license, permit, certificate, or financial assistance pending

14 before the Environmental Protection Agency at the time this

15 Act takes effect, and such proceedings and applications shall

16 be continued. Orders shall be issued in such proceedings,

17 appeals shall be taken therefrom, and payments shall be

18 made pursuant to such orders, as if this Act had not been

19 enacted, and orders issued in any such proceedings shall

20 continue in effect until modified, terminated, superseded,

21 or revoked by a duly authorized official, by a court of com22 petent jurisdiction, or by operation of law. Nothing in this

23 subsection prohibits the discontinuance or modification of

24 any such proceeding under the same terms and conditions
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1 and to the same extent that such proceeding could have been

2 discontinued or modified if this Act had not been enacted.

3 (d) SUITS NOT AFFECTED.—This Act shall not affect

4 suits commenced before the effective date of this Act, and

5 in all such suits proceedings shall be had, appeals taken,

6 and judgments rendered in the same manner and with the

7 same effect as if this Act had not been enacted.

8 SEC. 125. CONFORMING AMENDMENTS.

9 (a) PRESIDENTIAL SUCCESSION.—Section 19(d)(1) of

10 title 3, United States Code, is amended by inserting before

11 the period at the end the following: ‘‘, Secretary of the

12 Environment’’.

13 (b) DEFINITION OF DEPARTMENT IN CIVIL SERVICE

14 LAWS.—Section 101 of title 5, United States Code, is

15 amended by adding at the end the following:

16 ‘‘The Department of Environmental Protection.’’.

17 (c) COMPENSATION, LEVEL I.—Section 5312 of title 5,

18 United States Code, is amended by adding at the end the

19 following:

20 ‘‘Secretary of the Environment.’’.

21 (d) COMPENSATION, LEVEL II.—Section 5313 of title

22 5, United States Code, is amended by striking ‘‘Adminis23 trator of the Environmental Protection Agency’’ and insert24 ing ‘‘Deputy Secretary of the Environment’’.
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1 (e) COMPENSATION, LEVEL III.—Section 5314 of title

2 5, United States Code, is amended by striking ‘‘Deputy Ad3 ministrator of the Environmental Protection Agency.’’.

4 (f) COMPENSATION, LEVEL IV.—Section 5315 of title

5 5, United States Code, is amended—

6 (1) by striking ‘‘Inspector General, Environ7 mental Protection Agency’’ and inserting ‘‘Inspector

8 General, Department of Environmental Protection’’;

9 (2) by striking each reference to an Assistant Ad10 ministrator, or Assistant Administrators, of the Envi11 ronmental Protection Agency; and

12 (3) by adding at the end the following:

13 ‘‘Assistant Secretaries, Department of Environ14 mental Protection.

15 ‘‘General Counsel, Department of Environmental

16 Protection.’’.

17 (g) COMPENSATION, LEVEL V.—Section 5316 of title

18 5, United States Code, is amended by adding at the end

19 the following:

20 ‘‘Director, Bureau of Environmental Statistics,

21 Department of Environmental Protection.

22 ‘‘Director, Office of Environmental Justice, De23 partment of Environmental Protection.

24 ‘‘Director, Office of Environmental Risk, Depart25 ment of Environmental Protection.’’.
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1 (h) INSPECTOR GENERAL ACT OF 1978.—The Inspec2 tor General Act of 1978 is amended—

3 (1) in section 11(1)—

4 (A) by inserting ‘‘the Environment,’’ after

5 ‘‘Energy,’’; and

6 (B) by striking ‘‘Environmental Protec7 tion,’’; and

8 (2) in section 11(2)—

9 (A) by inserting ‘‘Environmental Protec10 tion,’’ after ‘‘Energy,’’; and

11 (B) by striking ‘‘the Environmental Protec12 tion Agency,’’.

13 SEC. 126. ADDITIONAL CONFORMING AMENDMENTS.

14 After consultation with the Committee on Government

15 Operations of the House of Representatives and appropriate

16 committees of the Senate, the Secretary shall prepare and

17 submit to the Congress proposed legislation, which the Sec18 retary determines is necessary and appropriate, containing

19 technical and conforming amendments to the laws of the

20 United States to reflect the changes made by this Act.
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1 TITLE II—ADMINISTRATIVE

2 PROVISIONS

3 SEC. 201. ACQUISITION OF COPYRIGHTS AND PATENTS.

4 The Secretary may acquire any of the following rights

5 if the property acquired thereby is for use by or for, or use6 ful to, the Department:

7 (1) Copyrights, patents, and applications for

8 patents, designs, processes, and manufacturing data.

9 (2) Licenses under copyrights, patents, and ap10 plications for patents.

11 (3) Releases, before suit is brought, for past in12 fringement of patents or copyrights.

13 SEC. 202. GIFTS AND BEQUESTS.

14 The Secretary may accept, hold, administer, and uti15 lize gifts, bequests, and devises of real or personal property

16 and donations of services for the purpose of aiding or facili17 tating the work of the Department. Gifts, bequests, and de18 vises of money and proceeds from sales of other property

19 received as gifts, bequests, or devises shall be deposited in

20 the Treasury and shall be available for disbursement upon

21 the order of the Secretary.

22 SEC. 203. OFFICIAL SEAL OF DEPARTMENT.

23 On and after the effective date of this Act, the seal of

24 the Environmental Protection Agency, with appropriate

25 changes, shall be the official seal of the Department, until
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1 such time as the Secretary may cause an official seal to

2 be made for the Department of such design as the Secretary

3 shall approve.

4 SEC. 204. USE OF LIKENESS OF OFFICIAL SEAL OF DEPART5 MENT.

6 (a) DISPLAY OF SEAL.—Whoever knowingly displays

7 any printed or other likeness of the official seal of the De8 partment, or any facsimile thereof, in or in connection

9 with, any advertisement, poster, circular, book, pamphlet,

10 or other publication, public meeting, play, motion picture,

11 telecast, or other production, or on any building, monu12 ment, or stationery, for the purpose of conveying, or in a

13 manner reasonably calculated to convey, a false impression

14 of sponsorship or approval by the Government of the United

15 States or by any department, agency, or instrumentality

16 thereof, shall be imprisoned not more than 6 months, or

17 fined under title 18, United States Code, or both.

18 (b) MANUFACTURE, REPRODUCTION, SALE, OR PUR19 CHASES FOR RESALE.—Except as authorized under regula20 tions promulgated by the Secretary and published in the

21 Federal Register, whoever knowingly manufactures, repro22 duces, sells, or purchases for resale, either separately or ap23 pended to any article manufactured or sold, any likeness

24 of the official seal of the Department or any substantial

25 part thereof (except for manufacture or sale of the article
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1 for the official use of the Government of the United States),

2 shall be imprisoned not more than 6 months, or fined under

3 title 18, United States Code, or both.

4 (c) INJUNCTIONS.—A violation of subsection (a) or (b)

5 may be enjoined by an action brought by the Attorney Gen6 eral in the appropriate district court of the United States.

7 The Attorney General shall file such an action upon request

8 of the Secretary or any authorized representative of the

9 Secretary.

10 SEC. 205. USE OF STATIONERY, PRINTED FORMS, AND SUP11 PLIES OF ENVIRONMENTAL PROTECTION

12 AGENCY.

13 (a) IN GENERAL.—The Secretary shall ensure that, to

14 the extent practicable, existing stationery, printed forms,

15 and other supplies of the Environmental Protection Agency

16 are used to carry out functions of the Department before

17 procuring new stationery, printed forms, and other supplies

18 for the Department.

19 (b) LIMITATION.—Notwithstanding subsection (a), the

20 Secretary may procure stationery, printed forms, and other

21 supplies for the specific use of the Secretary and the Office

22 of the Secretary.

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