I

103D CONGRESS

1ST SESSION H. R. 3425

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

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

5 ‘‘Department of Environmental Protection Act’’.
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1 (b) TABLE OF CONTENTS.—The contents of this Act

2 are 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. Scientific integrity.

Sec. 114. Conflicts of interest of members of advisory committees.

Sec. 115. Limitation on scope of certain umbrella contracts by Department for

advisory and assistance services.

Sec. 116. Prohibition on transferring to contractors inherently governmental

functions of Department.

Sec. 117. Disallowance of, and penalties for, improperly claimed costs under

Department contracts and regulations.

Sec. 118. Contractor employee gift, entertainment, or recreation costs specifically unallowable under Department contracts.

Sec. 119. Documentation of contractor travel costs.

Sec. 120. Effective dates; limitations on application.

Sec. 121. Regulations.

Sec. 122. References.

Sec. 123. Savings provisions.

Sec. 124. Conforming amendments.

Sec. 125. 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.

3 SEC. 2. DEFINITIONS.

4 As used in this Act:
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1 (1) DEPARTMENT.—The term ‘‘Department’’

2 means the Department of Environmental Protection

3 provided for in section 101(a).

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

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

6 the Indian Self-Determination and Education Assist7 ance Act (25 U.S.C. 450b(e)).

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

9 the District of Columbia, the Commonwealth of

10 Puerto Rico, the Virgin Islands, Guam, American

11 Samoa, the Commonwealth of the Northern Mariana

12 Islands, and any other territory or possession of the

13 United States.

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

15 the Secretary of the Environment appointed under

16 section 101(b).

17 SEC. 3. DISCLAIMER.

18 Nothing in this Act or the amendments made by this

19 Act shall be construed by the Secretary, any officer or em20 ployee of the Department, or by any court as altering, af21 fecting, amending, modifying, or changing, directly or in22 directly, any law which on the day before the date of the

23 enactment of this Act referred to and provided authorities

24 or responsibilities for, or was administered by, the Envi25 ronmental Protection Agency or the Administrator of the
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1 Environmental Protection Agency, including the Federal

2 Water Pollution Control Act, title XIV of the Public

3 Health Service Act (the Safe Drinking Water Act), the

4 Clean Air Act, the Pollution Prevention Act of 1990, the

5 Toxic Substances Control Act, the Federal Insecticide,

6 Fungicide, and Rodenticide Act, the Federal Food, Drug,

7 and Cosmetic Act, the Motor Vehicle Information and

8 Cost Savings Act, the Federal Hazardous Substances Act,

9 the Atomic Energy Act, the Noise Control Act of 1972,

10 the Solid Waste Disposal Act, the Comprehensive Environ11 mental Response, Compensation, and Liability Act of

12 1980, the Superfund Amendments and Reauthorization

13 Act of 1986, the Ocean Dumping Act, the Environmental

14 Research, Development, and Demonstration Authorization

15 Act, the Pollution Prosecution Act of 1990, and the Fed16 eral Facilities Compliance Act of 1992, or any statute con17 taining amendment to any of such Acts. The provisions

18 of section 112 (relating to environmental justice) shall not

19 be construed to alter, affect, amend, or change such Acts,

20 and to the extent that the authorities provided under such

21 provisions are made applicable by the Secretary to pro22 grams, standards, or regulations under such Acts, the Sec23 retary shall ensure that such provisions do not alter, af24 fect, amend, modify, or change the objectives, require-
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1 ments, procedures, or limitations of such Acts or make

2 them more or less stringent.

3 TITLE I—REDESIGNATION OF

4 ENVIRONMENTAL PROTEC5 TION AGENCY AS DEPART6 MENT OF ENVIRONMENTAL

7 PROTECTION

8 SEC. 101. REDESIGNATION OF ENVIRONMENTAL PROTEC9 TION AGENCY AS DEPARTMENT OF ENVIRON10 MENTAL PROTECTION.

11 (a) REDESIGNATION.—

12 (1) IN GENERAL.—The Environmental Protec13 tion Agency is redesignated as the Department of

14 Environmental Protection, and shall be an executive

15 department in the executive branch of the Govern16 ment.

17 (2) HEADQUARTERS.—The Department shall be

18 headquartered at the seat of Government.

19 (3) OFFICIAL ACRONYM.—The official acronym

20 of the Department shall be ‘‘D.E.P.’’.

21 (b) SECRETARY OF THE ENVIRONMENT.—

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

23 of the Department a Secretary of the Environment

24 who shall be appointed by the President, by and

25 with the advice and consent of the Senate.
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1 (2) OFFICE OF THE SECRETARY.—The Office

2 of the Secretary shall consist of—

3 (A) the Secretary and the Deputy Sec4 retary appointed under subsection (d); and

5 (B) such other officers as the Secretary

6 may determine to be necessary, who may in7 clude an Executive Secretary appointed by the

8 Secretary.

9 (c) TRANSFER OF FUNCTION, POWERS, AND DU10 TIES.—

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

12 duties of each officer and employee of the Environ13 mental Protection Agency are transferred to, and

14 vested in, the corresponding officer or employee of

15 the Department.

16 (2) CONSTRUCTION.—This subsection may not

17 be construed to prohibit the delegation or redelega18 tion by the Secretary of functions, powers, or duties

19 transferred by paragraph (1).

20 (d) DEPUTY SECRETARY.—

21 (1) IN GENERAL.—There shall be in the De22 partment a Deputy Secretary of the Environment,

23 who shall be appointed by the President, by and

24 with the advice and consent of the Senate.
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1 (2) FUNCTIONS.—The Deputy Secretary shall

2 perform such functions as the Secretary shall pre3 scribe, and shall act as the Secretary during the ab4 sence or disability of the Secretary or in the event

5 of a vacancy in the position of the Secretary.

6 (e) DELEGATION OF AUTHORITY.—

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

8 Act or other laws administered by the Department,

9 the Secretary may, consistent with other applicable

10 laws—

11 (A) delegate any functions, powers, or du12 ties, including with respect to the making of

13 regulations, to such officers and employees of

14 the Department as the Secretary may des15 ignate; and

16 (B) authorize such successive redelegations

17 of such functions within the Department as the

18 Secretary considers to be necessary or appro19 priate.

20 (2) CONSIDERATIONS.—In acting under this

21 subsection or subsection (c) to delegate or authorize

22 the redelegation of functions, the Secretary shall

23 take into consideration the need to ensure that regu24 lations, standards, and policies of the Department

25 (including changes and revisions to regulations,
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1 standards, and policies) are promulgated and issued

2 by the Secretary or other officers of the Department.

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

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

5 available to the public, copies of all orders and

6 other instruments making delegations and

7 redelegations of function under this subsection

8 (including all revisions to such delegations); and

9 (B) periodically review all such delegations

10 and redelegations.

11 SEC. 102. ASSISTANT SECRETARIES.

12 (a) ESTABLISHMENT OF POSITIONS.—There shall be

13 in the Department such number of Assistant Secretaries,

14 not to exceed 10, as the Secretary shall determine, each

15 of whom—

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

17 with the advice and consent of the Senate; and

18 (2) shall perform such functions as the Sec19 retary prescribes.

20 (b) FUNCTIONS.—

21 (1) IN GENERAL.—The Secretary shall assign

22 to the Assistant Secretaries of the Department such

23 functions as the Secretary considers appropriate, in24 cluding, subject to the discretion of and modification

25 by the Secretary—
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1 (A) pollution prevention;

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

3 (C) education;

4 (D) policy, planning, and evaluation;

5 (E) administration;

6 (F) resources management, including fi7 nancial and budget management;

8 (G) information resources management;

9 (H) procurement and assistance manage10 ment;

11 (I) personnel and labor relations;

12 (J) enforcement;

13 (K) compliance monitoring;

14 (L) research and development;

15 (M) air;

16 (N) radiation;

17 (O) water;

18 (P) pesticides;

19 (Q) toxic substances;

20 (R) solid wastes;

21 (S) hazardous waste;

22 (T) hazardous waste cleanup;

23 (U) emergency response;

24 (V) congressional affairs and public af25 fairs;
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1 (W) intergovernmental affairs;

2 (X) Indian affairs, including Indian tribes;

3 (Y) international affairs; and

4 (Z) noise pollution control and abatement.

5 (2) NOTIFICATION REGARDING MODIFICA6 TIONS.—The Secretary may not modify the respon7 sibilities of any Assistant Secretary without prior

8 written notification, with explanation, of such modi9 fication to the appropriate committees of the Senate

10 and the House of Representatives.

11 (c) DESIGNATION OF FUNCTIONS PRIOR TO CON12 FIRMATION.—Whenever the President submits the name

13 of an individual to the Senate for confirmation as an As14 sistant Secretary under this section, the President shall

15 state the particular functions of the Department (as as16 signed by the Secretary under subsection (b)) such individ17 ual will exercise upon taking office.

18 SEC. 103. DEPUTY ASSISTANT SECRETARIES.

19 (a) ESTABLISHMENT OF POSITIONS.—There is au20 thorized in the Department such number of Deputy As21 sistant Secretaries as the Secretary determines is appro22 priate, not to exceed 20.

23 (b) APPOINTMENTS AND FUNCTIONS.—Each Deputy

24 Assistant Secretary—

25 (1) shall be appointed by the Secretary; and
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1 (2) shall perform such functions as the Sec2 retary shall prescribe.

3 SEC. 104. OFFICE OF THE GENERAL COUNSEL.

4 (a) OFFICE.—There shall be in the Department the

5 Office of the General Counsel.

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

7 of such office a General Counsel who shall be appointed

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

9 the Senate.

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

11 chief legal officer of the Department and shall provide

12 legal assistance to the Secretary concerning the programs

13 and policies of the Department.

14 SEC. 105. OFFICE OF INSPECTOR GENERAL.

15 The Office of Inspector General of the Environmental

16 Protection Agency, established in accordance with the In17 spector General Act of 1978 (5 U.S.C. App.), is redesig18 nated as the Office of Inspector General of the Depart19 ment of Environmental Protection.

20 SEC. 106. REGIONAL OFFICES.

21 (a) REGIONAL OFFICES.—

22 (1) ESTABLISHMENT; NUMBER.—The Secretary

23 shall establish such Regional Offices of the Depart24 ment as the Secretary determines to be necessary to

25 carry out in an efficient and economic manner the
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1 functions vested in the Secretary or other officials of

2 the Department. The number of such Regional Of3 fices may not exceed 10.

4 (2) ALTERATION, CONSOLIDATION, AND RELO5 CATION.—The Secretary may alter, consolidate, or

6 relocate any Regional Office taking into consider7 ation the needs of the Department and economy and

8 efficiency.

9 (b) REGIONAL ADMINISTRATORS.—

10 (1) IN GENERAL.—There shall be in each Re11 gional Office established under subsection (a) a Re12 gional Administrator, who shall be the head of the

13 Regional Office.

14 (2) APPOINTMENT.—Each Regional Adminis15 trator shall be appointed by, and serve at the pleas16 ure of, the Secretary.

17 (3) FUNCTIONS.—Each Regional Administrator

18 shall implement, execute, and enforce the national

19 program priorities and policies established, in ac20 cordance with this Act and other laws applicable to

21 the Department, by the Secretary, or by the Deputy

22 Secretary or an Assistant Secretary pursuant to a

23 delegation from the Secretary.

24 (c) INFORMATION REGARDING REGIONAL OFFICE

25 PERFORMANCE.—The Secretary shall periodically assess
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1 the performance of each Regional Office in meeting the

2 program and enforcement priorities established or dele3 gated by the Secretary, and inform the appropriate com4 mittees of the Congress about that performance. The first

5 such assessment shall be completed within 2 years after

6 the date of the enactment of this Act.

7 SEC. 107. CONTINUING PERFORMANCE OF FUNCTIONS.

8 (a) REDESIGNATION OF POSITIONS.—

9 (1) ADMINISTRATOR.—The Administrator of

10 the Environmental Protection Agency is redesig11 nated as the Secretary of the Environment.

12 (2) DEPUTY ADMINISTRATOR.—The Deputy

13 Administrator of the Environmental Protection

14 Agency is redesignated as the Deputy Secretary of

15 the Environment.

16 (3) ASSISTANT ADMINISTRATORS.—Each As17 sistant Administrator of the Environmental Protec18 tion Agency is redesignated as an Assistant Sec19 retary of the Department.

20 (4) GENERAL COUNSEL.—The General Counsel

21 of the Environmental Protection Agency is redesig22 nated as the General Counsel of the Department.

23 (5) INSPECTOR GENERAL.—The Inspector Gen24 eral of the Environmental Protection Agency is re-
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1 designated as the Inspector General of the Depart2 ment.

3 (b) NOT SUBJECT TO RENOMINATION OR RECON4 FIRMATION.—An individual serving at the pleasure of the

5 President in a position that is redesignated by subsection

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

7 position after the date of the enactment of this Act with8 out renomination by the President or reconfirmation by

9 the Senate.

10 SEC. 108. STRATEGIC MANAGEMENT, PLANNING, PERFORM11 ANCE MEASUREMENT, AND REPORTING TO

12 CONGRESS.

13 (a) RESPONSIBILITIES OF THE SECRETARY.—The

14 Secretary shall—

15 (1) develop and maintain, in accordance with

16 the statutes that authorize programs of the Depart17 ment, a strategic business plan for the Department

18 that clearly and specifically defines the mission of

19 the Department;

20 (2) establish and maintain a performance meas21 urement system to measure and report on specific

22 program performance from a policy, operational, and

23 economic standpoint, including information resources

24 management; and
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1 (3) establish a permanent departmental senior

2 management committee, which shall—

3 (A) be chaired by the Secretary;

4 (B) consist of senior program managers of

5 the Department; and

6 (C) assist the Secretary in carrying out the

7 responsibilities of the Secretary in managing

8 the Department.

9 (b) REPORT TO THE CONGRESS.—Within 30 days of

10 the submission to the Congress of the budget of the

11 United States Government for each fiscal year under sec12 tion 1105 of title 31, United States Code, the Secretary

13 shall report to the Congress on the extent to which the

14 strategic business plan required by subsection (a) has been

15 implemented, especially with regard to the specific per16 formance measures established under subsection (a)(2).

17 SEC. 109. INFORMATION RESOURCES MANAGEMENT.

18 (a) RESPONSIBILITIES OF THE SECRETARY.—The

19 Secretary, consistent with section 111 and other provi20 sions of law, shall—

21 (1) manage information resources and informa22 tion technology so as to ensure—

23 (A) maximum net benefits from the appli24 cation of such resources and technology, and

25 (B) maximum accountability to the public;
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1 (2) develop policies and mechanisms to commu2 nicate information management goals, priorities, and

3 practices effectively throughout the Department, in4 cluding policy guidance that describes the process by

5 which the Department shall initiate, approve, proc6 ess, and evaluate major automated information sys7 tems at key milestones;

8 (3) ensure that program management officials,

9 the Chief Financial Officer of the Department, the

10 Chief Information Officer of the Department, and

11 the Director of Environmental Statistics collaborate

12 in—

13 (A) defining the specific information and

14 developing the systems capabilities necessary to

15 meet program missions and goals;

16 (B) identifying specific opportunities to re17 design business practices and supporting infor18 mation systems;

19 (C) estimating the life-cycle costs of pro20 posed automated information systems and ob21 taining independent cost evaluations; and

22 (D) assuring that information included in

23 the annual budget request of the Department

24 includes life-cycle cost estimates for automated

25 information systems;
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1 (4) develop management processes that assign

2 priority to information technology acquisitions and

3 measure the effect of those acquisitions on mission

4 performance;

5 (5) ensure substantive involvement of program

6 management and systems users with information re7 sources management staff in all information systems

8 projects;

9 (6) establish a management education program

10 to assist managers in identifying—

11 (A) areas in which information and tech12 nology are vital to mission accomplishment, and

13 (B) techniques that can be applied to ex14 ploit information technology successfully; and

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

16 Department, coordinate the data collection and dis17 semination efforts of the Department with other rel18 evant Federal, State, and local agencies in order to

19 reduce unnecessary burdens and promote greater in20 tegration of information.

21 (b) INFORMATION RESOURCES MANAGEMENT

22 STEERING COMMITTEE.—

23 (1) ESTABLISHMENT.—The Secretary shall es24 tablish a permanent information resources manage25 ment steering committee, which shall—
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1 (A) consist of senior program managers or

2 their representatives, and

3 (B) include the Chief Information Officer

4 of the Department and the Director of Environ5 mental Statistics.

6 (2) FUNCTIONS.—The committee established

7 under paragraph (1) shall—

8 (A) assist and advise the Secretary in car9 rying out information resources management

10 responsibilities of the Secretary under sub11 section (a);

12 (B) present Department-wide information

13 resources management issues to the depart14 mental senior management committee estab15 lished under section 108(a)(3) for resolution;

16 (C) establish specific performance meas17 ures for information resources management

18 that relate specifically to program missions;

19 (D) review and make recommendations to

20 the Secretary with regard to major automated

21 information systems of the Department at

22 predefined milestones throughout their life cy23 cles; and

24 (E) evaluate and make recommendations

25 to the Secretary with regard to significant in-
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1 formation technology acquisitions of the De2 partment above a threshold to be defined by the

3 committee.

4 (c) CHIEF INFORMATION OFFICER.—

5 (1) DESIGNATION AND PRIMARY RESPONSIBIL6 ITIES.—

7 (A) IN GENERAL.—The Secretary shall

8 designate a Chief Information Officer of the

9 Department, whose primary responsibilities

10 shall include providing assistance to senior

11 agency management in ensuring that informa12 tion and technology resources are managed to

13 maximize benefits to the Department and ac14 countability to the public served by the Depart15 ment.

16 (B) INFORMATION COORDINATION FUNC17 TIONS.—The Chief Information Officer shall

18 serve as the senior official required to be des19 ignated for the Department under section

20 3506(b) of title 44, United States Code.

21 (2) QUALIFICATIONS.—To the maximum ex22 tent, the individual designated as Chief Information

23 Officer shall be selected from individuals who have—

24 (A) direct and substantial experience in

25 successfully achieving major improvements in
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1 organizational performance through the use of

2 information technology; and

3 (B) demonstrated technical competence

4 and ability to work effectively with senior pro5 gram managers.

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

7 Information Officer shall—

8 (A) hold a rank in the Department equiva9 lent to Assistant Secretary;

10 (B) report directly to the Secretary; and

11 (C) not be assigned any permanent duties

12 that are not related to information resources

13 management.

14 (d) RESPONSIBILITIES OF THE CHIEF INFORMATION

15 OFFICER.—The Chief Information Officer, consistent with

16 section 111 and other provisions of law, shall—

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

18 strategic information resources management process

19 for the Department that—

20 (A) establishes what information resources

21 management capabilities are necessary to sup22 port programs for accomplishing the mission of

23 the Department, including information re24 sources management policies, architectures, and

25 standards;
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1 (B) includes information plans that set

2 forth what information systems and programs

3 will support the various programmatic and

4 management information requirements of the

5 Department;

6 (C) includes the development of annual op7 erating plans, coordinated with departmental

8 budgets, setting forth resource allocations for

9 specific information systems and programs that

10 support Department missions and goals; and

11 (D) includes performance review and re12 porting that identifies net benefits actually real13 ized from information system investments;

14 (2) design and maintain a strategic information

15 resources management plan;

16 (3) develop a comprehensive process for control17 ling information systems development and operations

18 life cycle, including explicit decision criteria and

19 early decision points for all information systems

20 projects;

21 (4) be responsible for assuring the effective and

22 efficient design, development, and delivery of infor23 mation products and services that support key pro24 gram responsibilities;
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1 (5) in cooperation with the Chief Financial Of2 ficer of the Department, ensure that—

3 (A) Department-wide and component ac4 counting, financial, and asset management sys5 tems and other information systems that pro6 vide, at least in part, financial or program per7 formance data used in financial statements are

8 effectively designed, developed, and imple9 mented; and

10 (B) financial and related program perform11 ance data are provided on a reliable, consistent,

12 and timely basis to agency financial manage13 ment systems;

14 (6) identify, in cooperation with program man15 agers and the Chief Financial Officer of the Depart16 ment, specific opportunities to redesign business

17 practices and supporting information systems to im18 prove agency performance;

19 (7) regularly complete accurate post-implemen20 tation reviews for all information systems projects of

21 the Department;

22 (8) develop, in cooperation with the Chief Fi23 nancial Officer of the Department, full and accurate

24 information on—
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1 (A) information technology expenditures

2 (including capital investment and expenses) by

3 the Department; and

4 (B) all expenses for Department staff who

5 carry out information resources management

6 responsibilities;

7 (9) develop requirements and mechanisms for

8 comprehensive information resources management

9 training and professional development of Depart10 ment staff;

11 (10) establish policies for communicating De12 partment-wide and component information systems

13 requirements and acquisition plans with industry, in14 cluding by—

15 (A) working with program managers and

16 component information resources management

17 officials to ensure that each major acquisition

18 plan contains an industry communications seg19 ment that informs industry of the acquisition,

20 presents its purpose, and solicits industry feed21 back on technology, schedule, and other signifi22 cant issues; and

23 (B) establishing Department-wide policies

24 for the use of requests for information, requests

25 for comment, and draft requests for procure-
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1 ment proposals, as mechanisms for improving

2 acquisition effectiveness and increasing competi3 tion; and

4 (11) work cooperatively with the Director of

5 Environmental Statistics, providing the technical

6 and other support necessary to fulfill the informa7 tion systems and other information requirements

8 identified by the Director as needed to carry out the

9 functions of the Bureau of Environmental Statistics.

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

11 the meanings set forth in section 3502 of title 44, United

12 States Code, to the extent the terms are defined in that

13 section.

14 (f) CONSTRUCTION.—This section may not be con15 strued as affecting or limiting in any way the functions

16 and authorities of the Director of the Bureau of Environ17 mental Statistics relating to—

18 (1) collecting, compiling, evaluating, analyzing,

19 reporting, preparing, and publishing data, statistics,

20 or other environmental and public health informa21 tion, or

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

23 related activities.
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1 SEC. 110. PUBLIC ACCESS TO AND USE OF INFORMATION

2 RESOURCES.

3 (a) ENCOURAGING PUBLIC ACCESS AND USE.—

4 (1) POLICIES AND METHODS.—The Secretary

5 shall, in accordance with all provisions of law appli6 cable to the Department—

7 (A) identify and develop policies and meth8 ods for encouraging greater public access to,

9 and use of, departmenal information collected,

10 stored, retained, or disseminated and available

11 to the public under such provisions of law; and

12 (B) make such public information available

13 in a variety of formats and through systems

14 that permit and encourage widespread use and

15 analysis.

16 (2) BUREAU OF ENVIRONMENTAL STATIS17 TICS.—For the purpose of the application of this

18 section to the Bureau of Environmental Statistics,

19 the Director of Environmental Statistics shall have

20 the responsibilities of the Secretary.

21 (b) INVENTORY AND LOCATOR OF INFORMATION

22 SERVICES.—The Secretary shall, in accordance with all

23 laws applicable to the Department, develop and maintain

24 a public access system providing a current, comprehensive,

25 and detailed inventory of the Department’s public infor-
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1 mation services, products, systems, and other holdings.

2 The system shall include the following:

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

4 product, and system, and describes the type of infor5 mation available, the cost and other terms of public

6 access, and details about sources and methodology

7 used in preparation of the information. The inven8 tory shall—

9 (A) be updated regularly;

10 (B) be disseminated as widely as possible

11 in electronic and hard copy formats; and

12 (C) be printed at least annually.

13 (2) Provision of access to selected public infor14 mation holdings and databases. Such access shall—

15 (A) allow users to download information;

16 (B) include easy to use menus and other

17 enhancements to improve use; and

18 (C) be accompanied by support and tech19 nical assistance to current and potential users.

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

21 to communicate with the Department about public

22 information available through the system and about

23 improvements to the system.

24 (c) INTEGRATION AND AVAILABILITY OF SERV25 ICES.—In order to enhance public access and encourage
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1 use of public information, improve the management of in2 formation resources, and assist Departmental multimedia

3 permitting and enforcement initiatives, the Secretary

4 shall, in accordance with all laws applicable to the Depart5 ment, develop policies, programs, and methods for inte6 grating and linking public information pertaining to the

7 environment, public health, environmental justice, and

8 other public policy concerns within the jurisdiction of the

9 Department.

10 (d) STRATEGIC PLAN AND REPORTS ON PUBLIC AC11 CESS TO AND USE OF INFORMATION.—

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

13 information resources management plan required

14 under section 109(d)(2), the Chief Information Offi15 cer shall develop a strategic plan on the use of infor16 mation technology to provide for dissemination of,

17 and public access to, departmental information that

18 is available to the public in accordance with applica19 ble provisions of law, and to facilitate implementa20 tion of subsections (b) and (c).

21 (2) CONTENTS OF PLAN.—The strategic plan

22 required by paragraph (1), where appropriate, shall

23 include—

24 (A) a description of current activities and

25 future initiatives to carry out requirements for
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1 promoting public access to, and use of, publicly

2 available information under this section, includ3 ing a discussion of efforts to implement sub4 sections (b) and (c);

5 (B) an evaluation of the use of geographi6 cal information systems and spatial display

7 technologies in fulfilling the public dissemina8 tion objectives of this section;

9 (C) an evaluation of the role of emerging

10 computer technologies, including CD–ROM

11 (compact-disk—read only memory) and other

12 suitable machine readable storage alternatives,

13 and online transaction-based reporting, in ful14 filling the public dissemination objectives of this

15 section;

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

17 to expand existing online information dissemi18 nation programs to include additional data

19 bases;

20 (E) efforts for considering and implement21 ing an electronic data interchange;

22 (F) the role of the existing or planned enti23 ties, including depository libraries and the Na24 tional Research and Educational Network, in

25 aiding dissemination objectives of this section;
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1 (G) a review of alternatives and possibili2 ties for conversion of print material to machine

3 readable formats;

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

5 inventory established under subsection (b), for

6 indexing, locating, and obtaining publicly avail7 able information about facilities and substances

8 regulated by the Department; and

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

10 time needed to implement the plan.

11 (e) OBTAINING PUBLIC ADVICE AND GUIDANCE.—

12 The Secretary shall establish an ongoing balanced process

13 for obtaining public advice, guidance, and recommenda14 tions on improving public access to, and use of, Depart15 mental information that is available to the public under

16 applicable provisions of law.

17 (f) USER FEES.—Fees for dissemination of Depart18 ment information products or services may be set at a level

19 sufficient to recover the cost of the dissemination, but no

20 higher.

21 SEC. 111. BUREAU OF ENVIRONMENTAL STATISTICS.

22 (a) ESTABLISHMENT.—There is established within

23 the Department the Bureau of Environmental Statistics

24 (hereinafter in this section referred to as the ‘‘Bureau’’).

25 The purpose of the Bureau is to provide in accordance
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1 with this section such environmental quality and related

2 public health and economic information, and such evalua3 tion and analyses of such information, as may be appro4 priate, to meet adequately and fully the needs of the De5 partment in carrying out its functions under applicable

6 law, and the Congress.

7 (b) DIRECTOR OF ENVIRONMENTAL STATISTICS.—

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

9 the direction of the Director of Environmental Sta10 tistics (hereinafter in this section referred to as the

11 ‘‘Director’’), who shall report directly to the Sec12 retary.

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

14 (A) APPOINTMENT AND TERM.—The Di15 rector shall—

16 (i) be appointed by the Secretary for

17 a term of 4 years; and

18 (ii) be selected from individuals who

19 are well qualified through experience or

20 training in the collection and analysis of

21 environmental statistics.

22 (B) SERVICE AFTER EXPIRATION OF

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

24 the Secretary, serve as Director after the expi25 ration of his or her term for not more than 3
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1 months until his or her successor has taken of2 fice.

3 (C) REMOVAL.—An individual may be re4 moved as Director by the Secretary only for

5 malfeasance in office or neglect of duty.

6 (D) REAPPOINTMENT.—An individual

7 serving as Director may be reappointed for ad8 ditional terms.

9 (3) COMPENSATION.—The Director shall be

10 compensated at the rate provided for level V of the

11 Executive Schedule under section 5316 of title 5,

12 United States Code.

13 (c) FUNCTIONS OF DIRECTOR.—

14 (1) IN GENERAL.—The functions of the Direc15 tor shall include—

16 (A) collecting, compiling, analyzing, and

17 publishing a comprehensive set of environ18 mental quality and related public health, eco19 nomic, and statistical data for determining envi20 ronmental quality and related measures of pub21 lic health, over both the short- and long-term,

22 including assessing—

23 (i) ambient conditions and trends; and

24 (ii) the distribution of environmental

25 conditions and related public health condi-
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1 tions across all affected populations, in2 cluding those populations identifiable on

3 the basis of income, race, ethnicity, or na4 tional origin;

5 (B) evaluating the adequacy of available

6 statistical measures to determine the Depart7 ment’s success in fulfilling statutory require8 ments;

9 (C) ensuring that data and measures re10 ferred to in this subsection are accurate, reli11 able, relevant, and in a form that permits sys12 tematic analysis;

13 (D) collecting and analyzing such other

14 data as may be required by the Director to—

15 (i) efficiently and effectively fulfill the

16 Director’s responsibilities, or

17 (ii) identify new environmental prob18 lems;

19 (E) conducting specialized analyses and

20 preparing special reports on particular subjects

21 whenever required to do so by the President, by

22 law, or by the Secretary, or when considered

23 appropriate by the Director; and

24 (F) making readily accessible or, to the ex25 tent practicable, disseminating all publicly avail-
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1 able data collected under subparagraph (A) or

2 (B), in a timely manner and using dissemina3 tion methods that will maximize the utility of

4 such publicly available information to the pub5 lic.

6 (2) TECHNICAL CAPABILITIES TO PERFORM

7 ANALYSES.—The Director shall establish and main8 tain the scientific, engineering, statistical, and other

9 technical capability to perform analysis of environ10 mental quality and related public health and eco11 nomic data, to—

12 (A) verify the accuracy of items of environ13 mental quality and related public health and

14 economic data submitted to the Director; and

15 (B) ensure the coordination and com16 parability of that data.

17 (d) POWERS OF DIRECTOR.—

18 (1) IN GENERAL.—The Director is authorized

19 on a nonexclusive basis, to exercise and enforce any

20 authority vested in the Secretary by law that relates

21 to the collection, gathering, reporting, evaluating,

22 analysis, or dissemination of environmental quality

23 data and related measures of public health in order

24 to carry out fully the functions of the Director.
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1 (2) ACTIONS NOT SUBJECT TO APPROVAL.—

2 The Director shall not be required to—

3 (A) obtain the approval of any other officer

4 or employee of the Department in connection

5 with the collection, compilation, evaluation,

6 analysis, or dissemination of any information;

7 or

8 (B) obtain, prior to publication, the ap9 proval of any other officer or employee of the

10 United States with respect to the substance of

11 any reports prepared in accordance with law.

12 (3) PROVIDING ASSISTANCE.—The Director

13 may, upon request, provide technical assistance to

14 offices of the Department and to other Federal

15 agencies for the purpose of assuring the technical

16 quality and the coordination of statistical activities

17 of the Department. Such assistance may include re18 viewing data collection plans, survey designs, and

19 pretests, management of data, and quality of data.

20 The Director shall, upon request, promptly provide

21 any information or analysis in the possession of the

22 Bureau to any office within the Department which

23 such office determines relates to the functions of

24 such office.
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1 (4) COLLECTION OF DATA FROM OTHER AGEN2 CIES, PERSONS, ETC.—Subject to other applicable

3 provisions of law, the Director, in carrying out re4 sponsibilities under this Act, may collect data from

5 such Federal agencies, State or local governments or

6 instrumentalities, Indian tribes, businesses, and

7 other individuals, persons, organizations, and insti8 tutions as the Director considers appropriate.

9 (5) USE OF DATA COLLECTED BY FEDERAL

10 AGENCIES.—

11 (A) IN GENERAL.—The Director may—

12 (i) use data collected by any Federal

13 agency, and

14 (ii) enter into interagency or intra15 agency agreements for the collection of

16 data for the purposes of this section.

17 (B) PROVISION OF DATA TO DIRECTOR.—

18 Subject to applicable law, all Federal agencies

19 (including agencies in the Department) shall

20 provide to the Director, in a timely manner and

21 to the extent possible in a usable electronic for22 mat, any data that the Director requires to

23 carry out responsibilities under this Act.

24 (C) COOPERATIVE COLLECTION OF

25 DATA.—The Director may—
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1 (i) arrange with any agency, organiza2 tion, or institution for the cooperative col3 lection of data for the purposes of this sec4 tion, and

5 (ii) assign employees of the Bureau to

6 any such agency, organization, or institu7 tion to assist in such collection.

8 (6) OBTAINING EMPLOYEES AND SERVICES.—

9 The Director—

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

11 officers and employees as may be necessary to

12 carry out the functions of the Bureau, subject

13 to—

14 (i) the provisions of title 5, United

15 States Code, governing appointments in

16 the competitive service, and

17 (ii) the provisions of chapter 51 and

18 subchapter III of chapter 53 of such title

19 relating to classification and General

20 Schedule pay rates; and

21 (B) may obtain services as authorized by

22 section 3109 of title 5, United States Code, at

23 a rate not to exceed the equivalent daily rate

24 payable for level V of the Executive Schedule

25 under section 5316 of such title.
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1 (e) STAFF.—The Secretary shall ensure that the Bu2 reau of Environmental Statistics has staff sufficient to en3 able the Director to efficiently carry out the duties of the

4 Director.

5 (f) CONTINUING PERFORMANCE OF FUNCTIONS OF

6 DIRECTOR.—An individual who, on the effective date of

7 this Act, is performing any of the functions required by

8 this section to be performed by the Director may continue

9 to perform such functions until such functions are as10 signed to an individual appointed as the Director under

11 this Act.

12 (g) AVAILABILITY OF DIRECTOR TO CONGRESS; SPE13 CIAL REPORTS.—The Director—

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

15 testimony on subjects under the authority of the Di16 rector as any committee of the Congress may re17 quest, including on environmental quality data and

18 related measures of public health and analyses

19 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

23 having jurisdiction over any program of the Depart24 ment, upon written request of the committee, any in25 formation reported or otherwise obtained, and any
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1 evaluation or analysis made, by the Director or any

2 officer or employee of the Bureau under this section

3 that 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 sub12 section (b)(4) of section 552 of title 5, United States

13 Code, except as provided in subsection (d) of that

14 section and this section.

15 (2) ACCESS TO INFORMATION IN POSSESSION

16 OF OTHER FEDERAL AGENCY.—In furtherance and

17 not in limitation of any other authority, the Direc18 tor, on behalf of the Secretary, shall have access to

19 environmental and health related 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

5 by law, in such agency.

6 (3) OBTAINING INFORMATION TO WHICH AC7 CESS IS DENIED.—In any case in which the Director

8 is denied information that is necessary to achieve

9 the purposes of this Act, the Director shall take ap10 propriate action, pursuant to paragraph (2), to ob11 tain such information from the original sources of

12 the information or an alternate source. Such an al13 ternate source shall be notified of the reason for any

14 request under this paragraph for information.

15 (4) DISCLOSURE OF INFORMATION TO FEDERAL

16 AGENCIES.—Notwithstanding paragraphs (1) and

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

18 Code, the Director may disclose any information ob19 tained 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

23 to 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 con3 dition regarding the use or disclosure of the infor4 mation that applies to the Department.

5 (i) ESTABLISHMENT OF PUBLIC PARTICIPATION

6 PROCESS.—The Director shall establish an ongoing bal7 anced process for obtaining public advice, guidance, and

8 recommendations on the implementation of the functions

9 of the Director.

10 (j) PEER REVIEW OF BUREAU.—

11 (1) REVIEW REQUIREMENT.—The statistical

12 procedures and methodology of the Bureau shall be

13 subject to an annual peer review. Such review shall

14 be conducted by a Peer Review Team, which shall

15 prepare and submit to the President and the Con16 gress a report describing its investigation and find17 ings.

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

19 Team shall consist of at least 5 professionally quali20 fied persons who are officers or employees of the

21 United States, of whom at least—

22 (A) one shall be designated by the Director

23 of the Bureau of the Census;

24 (B) one shall be designated by the Com25 missioner 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 Admin4 istrator 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 Re9 view Team appointed under paragraph (2)(E) shall

10 be the 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

16 of law, shall make available to the Peer Review

17 Team such relevant data, information, docu18 ments, and services as the Peer Review Team

19 determines are necessary for successful comple20 tion of its peer review.

21 (5) CONFIDENTIALITY OF INFORMATION.—In22 formation 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 AP2 PROPRIATIONS.—The President shall include in each

3 budget submitted under section 1105 of title 31, United

4 States Code—

5 (1) an estimate of expenditures and appropria6 tions necessary to carry out this section for the fis7 cal year covered by the budget; and

8 (2) a statement of the difference, if any, be9 tween the estimate under paragraph (1) and the ap10 propriation request for the fiscal year that is submit11 ted to the President by the Director under section

12 1108 of that title.

13 SEC. 112. OFFICE OF ENVIRONMENTAL JUSTICE.

14 (a) OFFICE OF ENVIRONMENTAL JUSTICE.—The

15 Secretary shall establish in the Department an Office of

16 Environmental Justice (hereinafter in this section referred

17 to as the ‘‘Office’’), which shall be independent of the De18 partment’s single-medium program offices but shall have

19 the authority to advise such offices about environmental

20 justice matters. The Office shall be under the direction

21 of a Director appointed by the President, with the advice

22 and consent of the Senate. The Director shall be com23 pensated at level V of the Executive Schedule under sec24 tion 5316 of title 5, United States Code.
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1 (b) FUNCTIONS.—The Director shall develop and,

2 with the approval of the Secretary, implement a strategy

3 to promote, to the greatest extent practicable and consist4 ent with the provisions of this section and other provisions

5 of law applicable to the Department, environmental justice

6 for all people wherever they are located or work in the

7 United States, and regardless of income, race, ethnicity,

8 or national origin.

9 (c) ENVIRONMENTAL JUSTICE ADVISORY COMMIT10 TEE.—

11 (1) ESTABLISHMENT OF ADVISORY COMMIT12 TEE.—The Secretary shall establish an Advisory

13 Committee on Environmental Justice (hereinafter in

14 this subsection referred to as the ‘‘Committee’’),

15 which shall advise the Secretary and the Director on

16 matters relating to the strategic direction, policies,

17 and programs of the Department under this section.

18 (2) APPOINTMENTS.—

19 (A) MEMBERSHIP.—The Committee shall

20 be composed of not more than 15 members ap21 pointed by the Secretary. The Director and the

22 Secretary (or their designees) shall be ex officio

23 members of the Committee. The Secretary

24 shall, in appointing members of the Commit25 tee—
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1 (i) ensure that the Committee is fairly

2 balanced with respect to points of view rep3 resented and with regard to racial, gender,

4 ethnic, and geographic representation;

5 (ii) include individuals who have

6 knowledge of, and experience with, environ7 mental conditions in racial minority, ethnic

8 minority, or moderate- and low-income

9 communities;

10 (iii) include individuals who are recog11 nized experts in the fields of environmental

12 law, socioeconomic analysis, health and en13 vironmental effects, exposure evaluation,

14 and environmental health science research;

15 and

16 (iv) include individuals who represent

17 the regulated community, labor, commu18 nity-based groups, Federal, State, and

19 local governments, Indian tribes, and other

20 entities that the Secretary determines to be

21 appropriate.

22 (B) TERMS.—Except as provided in sub23 paragraph (C), members of the Board shall be

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

25 reappointed for 1 additional term. Appointees
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1 to vacancies shall serve for the remainder of the

2 original member’s term.

3 (C) STAGGERED TERMS.—Of the members

4 first appointed to the Committee—

(i) 1 5 ⁄3 shall be appointed for a 1-year

6 term; and

(ii) 1 7 ⁄3 shall be appointed for a 2-year

8 term.

9 SEC. 113. SCIENTIFIC INTEGRITY.

10 (a) IN GENERAL.—The Secretary, in carrying out re11 sponsibilities of the Secretary under this Act and any

12 other Act that applies to the Department, shall—

13 (1) provide for the development and acquisition

14 of the best credible and unbiased scientific informa15 tion, and make such information available on a time16 ly basis, for use by, and guidance of, the Secretary;

17 and

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

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

20 meaningful peer review and quality assurance guide21 lines and policies for improved performance of the

22 Department and its activities, which guidelines and

23 policies shall identify, to the greatest extent possible,

24 the types or categories of science-based, science-de-
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1 pendent, and technical products that will be subject

2 to them.

3 (b) PRODUCTS DEFINED.—In subsection (a)(2), the

4 term products—

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

6 and other publications used to support rulemaking;

7 and

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

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

10 enforcement actions.

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

12 shall not be the basis for challenging actions taken under

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

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

15 SEC. 114. CONFLICTS OF INTEREST OF MEMBERS OF ADVI16 SORY COMMITTEES.

17 (a) CONFLICTS OF INTEREST REPORTING REQUIRE18 MENTS.—Each member of an advisory committee of the

19 Department who is not an officer or employee of the Fed20 eral Government shall file with the Secretary an annual

21 written report disclosing—

22 (1) the member’s principal employment;

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

24 partnerships, business enterprises, research organi25 zations, educational institutions, or other entities in
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1 or to which the member serves as an employee, offi2 cer, adviser, director, owner, or consultant, including

3 a description of the nature of the member’s service,

4 but only to the extent the entity or relationship is

5 relevant to the purposes and functions of the advi6 sory committee; and

7 (3) the identity, but not the value or amount,

8 of any sources of income or financial interests of the

9 member that are or may be relevant to the purposes

10 and functions of the advisory committee.

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

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

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

14 copy of such report to, any person requesting such inspec15 tion or copy, subject to the terms and conditions estab16 lished by section 104 of the Ethics in Government Act of

17 1978 (2 U.S.C. 704) for reports filed under that Act.

18 (c) BALANCED REPRESENTATION REQUIREMENT.—

19 (1) IN GENERAL.—The membership of each ad20 visory committee appointed by the Department shall

21 be balanced in terms of the points of view rep22 resented and the functions to be performed by the

23 advisory committee. In order to meet this require24 ment, each such advisory committee shall have rep-
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1 resentatives appointed from among the following

2 groups:

3 (A) The affected industry.

4 (B) Consumer, labor, environmental,

5 health, and public interest groups.

6 (C) State and local governments and In7 dian tribes.

8 (2) TREATMENT OF CATEGORIES.—The cat9 egories described in paragraphs (1) (A), (B), and

10 (C)—

11 (A) are not exclusive, and

12 (B) may each be waived by the appointing

13 authority if a determination is made in writing

14 explaining why the category is not germane to

15 the work of the advisory committee.

16 (3) JUDICIAL REVIEW.—A determination under

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

18 (d) ADVISORY COMMITTEE COMPENSATION.—

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

20 the Secretary may pay members of advisory commit21 tees of the Department at rates for individuals not

22 to exceed the per diem rate equivalent to the rate for

23 level V of the Executive Schedule under section 5316

24 of title 5, United States Code.
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1 (2) CONDITION.—The Secretary may not pay

2 compensation to an individual under paragraph (1)

3 unless compensation is necessary because—

4 (A) the services of the individual are con5 sidered by the Secretary to be essential;

6 (B) failure to pay compensation would con7 stitute a financial hardship for the individual;

8 or

9 (C) the individual has professional exper10 tise that may not be obtained without com11 pensation.

12 SEC. 115. LIMITATION ON SCOPE OF CERTAIN UMBRELLA

13 CONTRACTS BY DEPARTMENT FOR ADVISORY

14 AND ASSISTANCE SERVICES.

15 (a) ENSURING COMPETITION FOR UMBRELLA CON16 TRACTS.—The Department may enter into an umbrella

17 contract only under the following conditions:

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

19 exceed—

20 (A) in the case of a response action con21 tract (as that term is defined in section 119(e)

22 of the Comprehensive Environmental Response,

23 Compensation, and Liability Act of 1980 (42

24 U.S.C. 9619(e), as in effect on the date of the

25 enactment of this Act), 10 years; or
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1 (B) in the case of any other contract—

2 (i) 5 years; or

3 (ii) such longer period as may be

4 specified by the Secretary, if the Secretary

5 determines in writing that unusual and

6 compelling circumstances exist justifying

7 an umbrella contract for a longer period.

8 (2) Except as provided in subsection (e), the

9 contract is awarded pursuant to full and open com10 petition (as that term is defined in section 4 of the

11 Office Federal Procurement Policy Act (41 U.S.C.

12 403)), unless the Secretary determines in writing

13 that—

14 (A) the services to be procured under the

15 contract are available from only one responsible

16 source and no other type of services will satisfy

17 the needs of the Department; or

18 (B) the Department’s need for the services

19 to be provided under the contract is of such an

20 unusual and compelling urgency that the Gov21 ernment would be seriously injured unless the

22 Department is permitted to limit the number of

23 sources from which it solicits bids or proposals.

24 (3) The contract does not authorize the con25 tractor to procure items on behalf of the Govern-
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1 ment, except that the contract may authorize the

2 contractor to procure personal property if—

3 (A) it is procured under a response action

4 contract referred to in paragraph (1),

5 (B) it is procured for the performance of

6 the contract, and

7 (C) all right, title, and interest in the prop8 erty vests in the Government.

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

10 (1) LIMITATION.—Task orders may be made

11 under an umbrella contract awarded by the Depart12 ment only to carry out the mission of the office,

13 function, or program that requested the umbrella

14 contract.

15 (2) WAIVER.—The Secretary (or a designee

16 who is an officer of the Department at or above the

17 level of the senior procurement executive of the De18 partment designated pursuant to section 16(3) of

19 the Office Federal Procurement Policy Act (41

20 U.S.C. 414(3)) may waive the application of the lim21 itation set forth in paragraph (1) to a task order if

22 he or she determines in writing that—

23 (A) the task order is within the scope of

24 the umbrella contract;
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•HR 3425 IH

1 (B) there is an identifiable emergency or

2 other urgent requirement that cannot be met by

3 other means; and

4 (C) there is no other contract available to

5 the office seeking the waiver that is suitable for

6 the task order.

7 (3) APPLICATION.—Paragraph (1) does not

8 apply to any contract which is determined by the

9 Secretary in writing, before the award of the con10 tract, as being necessary to meet the needs of more

11 than one office, function, or program.

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

13 in an umbrella contract awarded by the Department shall

14 be prepared so as to ensure full and open competition (as

15 that term is defined in section 4 of the Office Federal Pro16 curement Policy Act (41 U.S.C. 403) for any new contract

17 that results from, completes, or supplements the work per18 formed under the umbrella contract.

19 (d) SUBCONTRACTORS.—

20 (1) IDENTIFICATION OF SUBCONTRACTORS.—

21 Any solicitation for an umbrella contract awarded by

22 the Department shall require that all offerors iden23 tify in their proposals all prospective subcontractors

24 and the qualifications of those subcontractors.
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1 (2) RESTRICTION ON ELIGIBILITY FOR SUB2 CONTRACTS.—A person who is not identified as a

3 prospective subcontractor in accordance with para4 graph (1) by the prime contractor for an umbrella

5 contract awarded by the Department shall not be eli6 gible to perform any task order as a subcontractor

7 under the umbrella contract.

8 (3) WAIVER.—

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

10 officer of the Department at or above the level

11 of the senior procurement executive of the De12 partment designated pursuant to section 16(3)

13 of the Office of Federal Procurement Policy Act

14 (41 U.S.C. 414(3)) may waive the application

15 of the restriction set forth in paragraph (2) to

16 a task order if the Secretary determines in writ17 ing that unusual circumstances exist making

18 such a waiver in the interests of the Govern19 ment.

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

21 term ‘‘unusual circumstances’’ means—

22 (i) insolvency, nonresponsibility, sus23 pension, or debarment of all subcontractors

24 identified pursuant to paragraph (1) that
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1 are qualified to perform a task order for

2 which the waiver is granted;

3 (ii) a lack of any technical skills nec4 essary to perform the task order for which

5 the waiver is granted, by all subcontractors

6 identified pursuant to paragraph (1);

7 (iii) other circumstances similar to

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

9 (iv) any identifiable emergency or

10 other urgent requirement determined by

11 the Secretary in writing to exist.

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

13 Secretary or his or her designee grants a waiver

14 under paragraph (3), the award by the prime con15 tractor to the subcontractor of a subcontract to per16 form a task for which the waiver is granted shall be

17 on a competitive basis unless the written determina18 tion under paragraph (3)—

19 (A) approves a noncompetitive award; and

20 (B) includes a finding that—

21 (i) an identifiable emergency or other

22 urgent requirement exists; or

23 (ii) no other qualified source is rea24 sonably available.
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1 (5) LIMITATION ON APPLICATION.—This sub2 section shall not apply to a response action contract

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

4 Comprehensive Environmental Response, Compensa5 tion, and Liability Act of 1980 (42 U.S.C. 9619(e)),

6 as in effect on the date of the enactment of this

7 Act).

8 (e) PROVISIONS NOT AFFECTED.—Nothing in this

9 section shall be construed as amending, modifying, or su10 perseding, or is intended to impair or restrict authorities

11 or responsibilities under—

12 (1) title IX of the Federal Property and Admin13 istrative Services Act of 1949 (40 U.S.C. 541 et

14 seq.), commonly referred to as the ‘‘Brooks Archi15 tect-Engineers Act’’;

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

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

18 637(a)); or

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

20 (42 U.S.C. 7601 note), popularly known as the

21 ‘‘Clean Air Act Amendments of 1990’’, relating to

22 disadvantaged business concerns.

23 (f) DEFINITIONS.—In this section—

24 (1) the term ‘‘advisory and assistance serv25 ices’’—
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1 (A) means services to support or im2 prove—

3 (i) agency policy development, deci4 sionmaking, management, and administra5 tion; or

6 (ii) the operation of management sys7 tems; and

8 (B) includes—

9 (i) management and professional sup10 port services;

11 (ii) the conduct of studies, analyses,

12 and evaluations; and

13 (iii) engineering and technical serv14 ices, including services provided under a

15 response action contract (as that term is

16 used in subsection (a)(1)(B)); and

17 (2) the term ‘‘umbrella contract’’ means a con18 tract by the Department that—

19 (A) provides for the performance of spe20 cific advisory and assistance services;

21 (B) does not procure or specify a firm

22 quantity of services;

23 (C) provides for services to be supplied to

24 the Government in response to specific task or25 ders to the contractor from the Government;
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1 (D) requires the contractor to provide a

2 stated amount of effort over a given period of

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

4 contract’’);

5 (E) has a maximum potential value of

6 more than $1,000,000 and is not a fixed price

7 contract; and

8 (F) is for a period longer than 1 year.

9 (g) LIMITATION ON APPLICATION TO EXISTING CON10 TRACTS.—

11 (1) IN GENERAL.—Except as provided in para12 graph (2), this section shall not apply to a contract

13 entered into before the effective date of this section.

14 (2) CONTRACTING REQUIREMENTS.—Sub15 sections (b) and (c) shall apply to—

16 (A) a task order or work assignment added

17 on or after the effective date of this section to

18 a contract entered into before that effective

19 date; and

20 (B) a contract that is extended, or for

21 which an option to renew is exercised, on or

22 after the effective date of this section.

23 (h) PUBLIC AVAILABILITY.—Waivers granted under

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

25 of title 5, United States Code.
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1 SEC. 116. PROHIBITION ON TRANSFERRING TO CONTRAC2 TORS INHERENTLY GOVERNMENTAL FUNC3 TIONS OF DEPARTMENT.

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

5 to prevent the transfer of inherently governmental func6 tions of the Department to private sector contractors and

7 to ensure that inherently governmental functions of the

8 Department are performed only by officers and employees

9 of the Department or other agencies and instrumentalities

10 of the Government.

11 (b) FINAL ACTIONS.—Final actions of the Depart12 ment shall reflect the independent conclusions of Depart13 ment officials.

14 (c) RESPONSIBILITIES OF THE SECRETARY.—The

15 Secretary shall—

16 (1) ensure that the Department is in full com17 pliance with all statutes and regulations that govern

18 the performance of inherently Governmental func19 tions, including by periodically reviewing the oper20 ations of the Department with regard to compliance

21 with statutes and regulations governing performance

22 of inherently governmental functions (including this

23 section);

24 (2) ensure that no contract is solicited or

25 awarded by the Department, and no order is made

26 under a contract awarded by the Department, that
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1 fails to comply with statutes and regulations that

2 govern the performance of inherently governmental

3 functions;

4 (3) provide enhanced scrutiny and management

5 oversight when the Department is contracting for

6 functions that, although not inherently govern7 mental, closely support the performance of inher8 ently governmental functions; and

9 (4) promulgate regulations in the Department’s

10 supplement to the Federal Acquisition Regulation

11 that specify that inherently governmental functions

12 of the Department include—

13 (A) regulation of public health, industry,

14 commerce, or the environment;

15 (B) development (other than technical as16 sistance) and drafting of rules, standards, regu17 lations, and Government policies; and

18 (C) preparation of contractual documents,

19 including solicitations, specifications, state20 ments of work, and contract orders, except in

21 the case of specifications and statements of

22 work of a technical nature requiring expertise

23 not available in the Department.

24 (d) DISCLAIMER.—This section shall not be con25 strued as creating—
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1 (1) any substantive or procedural basis on

2 which to challenge any agency action or inaction; or

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

4 (e) LIMITATION ON APPLICATION.—

5 (1) IN GENERAL.—Except as provided in para6 graph (2), this section shall not apply to an inher7 ently governmental function performed under a con8 tract entered into before the effective date of that

9 section.

10 (2) INHERENTLY GOVERNMENTAL FUNC11 TIONS.—This section shall apply to an inherently

12 governmental function performed or sought to be

13 performed—

14 (A) under a task added on or after the ef15 fective date of that section to a contract entered

16 into before that effective date;

17 (B) under an order made on or after the

18 effective date of that section under a contract

19 entered into before that effective date; or

20 (C) on or after the effective date of that

21 section under a contract that is extended, or for

22 which an option to renew is exercised, on or

23 after that effective date.
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1 (f) RELATIONSHIP TO OTHER LAW.—The require2 ments of this section are in addition to, and do not super3 sede or affect, other provisions of law.

4 SEC. 117. DISALLOWANCE OF, AND PENALTIES FOR, IM5 PROPERLY CLAIMED COSTS UNDER DEPART6 MENT CONTRACTS AND REGULATIONS.

7 (a) COSTS DISALLOWED.—If a contractor under a

8 covered contract submits a proposal for settlement of indi9 rect costs incurred by the contractor for any period after

10 such costs have been accrued, and if that proposal includes

11 the submission of a cost which is unallowable because the

12 cost violates a cost principle in the Federal Acquisition

13 Regulation promulgated under section 25 of the Office of

14 Federal Procurement Policy Act (41 U.S.C. 421) or in the

15 Department’s supplement to the Federal Acquisition Reg16 ulation, or violates a provision of statute, the cost shall

17 be disallowed.

18 (b) PENALTIES.—

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

20 that a cost submitted by a contractor under a cov21 ered contract in its proposal for settlement is ex22 pressly unallowable under a cost principle referred to

23 in subsection (a) that defines the allowability of spe24 cific selected costs, the Secretary shall assess a pen25 alty against the contractor in an amount equal to—
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1 (A) the amount of the disallowed cost allo2 cated to covered contracts for which a proposal

3 for settlement of indirect costs has been submit4 ted; plus

5 (B) interest to compensate the United

6 States for the use of any funds which the con7 tractor has been paid in excess of the amount

8 to which the contractor was entitled.

9 (2) INCREASED PENALTY.—If the Secretary de10 termines that a proposal for settlement of indirect

11 costs submitted by a contractor under a covered con12 tract includes a cost determined to be unallowable in

13 the case of such contractor before the submission of

14 such proposal, the Secretary shall assess a penalty

15 against the contractor in an amount equal to twice

16 the amount of the disallowed cost allocated to cov17 ered contracts for which a proposal for settlement of

18 indirect costs has been submitted.

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

20 waive a penalty under subsection (b) in the case of a con21 tractor’s proposal for settlement of indirect costs if—

22 (1) the contractor withdraws the proposal be23 fore the formal initiation of an audit of the proposal

24 by the Government and resubmits a revised pro25 posal;
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1 (2) the amount of unallowable costs subject to

2 the penalty is insignificant; or

3 (3) the contractor demonstrates, to the con4 tracting officer’s satisfaction, that—

5 (A) it has established appropriate policies

6 and personnel training and an internal control

7 and review system that provide assurance that

8 unallowable costs subject to penalties are pre9 cluded from being included in the contractor’s

10 proposal for settlement of indirect costs; and

11 (B) the unallowable costs subject to the

12 penalty were inadvertently incorporated into the

13 proposal.

14 Such waivers shall be available in accordance with section

15 552(b) of title 5, United States Code.

16 (d) DEPARTMENT ACTIONS.—An action of the Sec17 retary under subsection (a) or (b)—

18 (1) shall be considered a final decision for pur19 poses of section 6 of the Contract Disputes Act of

20 1978 (41 U.S.C. 605); and

21 (2) is appealable in the manner provided in sec22 tion 7 of that Act (41 U.S.C. 606).

23 (e) CERTIFICATION.—

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

25 indirect costs applicable to a covered contract shall
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1 include a certification by an official of the contractor

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

3 and belief, all indirect costs included in the proposal

4 are allowable.

5 (2) WAIVER OF CERTIFICATION REQUIRE6 MENT.—The Secretary may, in an exceptional case,

7 waive the requirement for certification under para8 graph (1) in the case of any covered contract if the

9 Secretary—

10 (A) determines in such case that it would

11 be in the interest of the United States to waive

12 such determination; and

13 (B) states in writing the reasons for that

14 determination and makes such determination

15 available to the public.

16 Such waivers shall be available in accordance with section

17 552(b) of title 5, United States Code.

18 (f) CRIMINAL PENALTIES.—The submission to the

19 Department of a proposal for settlement of costs for any

20 period after such costs have been accrued that includes

21 a cost that is expressly specified by law or regulation as

22 being unallowable, with the knowledge that such cost is

23 unallowable, shall be subject to the provisions of section

24 287 of title 18 and section 3729 of title 31, United States

25 Code.
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1 (g) BURDEN OF PROOF IN PROCEEDINGS.—In a pro2 ceeding before a board of contract appeals, the United

3 States Court of Federal Claims, or any other Federal

4 Court in which the reasonableness of indirect costs for

5 which a contractor seeks reimbursement from the Depart6 ment is in issue, the burden of proof shall be upon the

7 contractor to establish that those costs are reasonable.

8 (h) DOCUMENTATION OF COSTS.—Costs shall be al9 lowable under a covered contract only to the extent that

10 such costs are supported by sufficient documentation (as

11 specified by regulations issued by the Secretary under sec12 tion 122) to permit audit.

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

14 section and section 119, the term ‘‘covered contract’’

15 means a contract for an amount more than $100,000,

16 other than a fixed-price contract without cost incentives,

17 entered into by the Department.

18 SEC. 118. CONTRACTOR EMPLOYEE GIFT, ENTERTAINMENT,

19 OR RECREATION COSTS SPECIFICALLY UNAL20 LOWABLE UNDER DEPARTMENT CONTRACTS.

21 Costs of entertainment, gifts, or recreation for con22 tractor employees or members of their families provided

23 by a contractor to improve employee morale or perform24 ance or for any other purpose, are not allowable under

25 a covered contract in any amount, except that nothing in
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1 this section precludes a contractor from providing such en2 tertainment, gifts, or recreation to their employees or

3 members of their families at no expense to the Govern4 ment.

5 SEC. 119. DOCUMENTATION OF CONTRACTOR TRAVEL

6 COSTS.

7 Costs of travel under a covered contract which are

8 otherwise allowable under section 24 of the Office of Fed9 eral Procurement Policy Act (41 U.S.C. 421) shall be al10 lowable only if supported by documentation, which shall

11 include documentation of, as specified by regulations is12 sued by the Secretary under section 121, amounts, times,

13 dates, origin, and destination of the travel, purpose of the

14 travel, and identities of all travelers to which the costs

15 relate.

16 SEC. 120. EFFECTIVE DATES; LIMITATIONS ON APPLICA17 TION.

18 (a) EFFECTIVE DATES.—Sections 115 through 119

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

20 after the date of promulgation of regulations under section

21 121, or the date that is 18 months after the date of the

22 enactment of this Act.

23 (b) LIMITATIONS ON APPLICATION.—

24 (1) IN GENERAL.—Except as provided in para25 graph (2), sections 117, 118, and 119 shall not
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1 apply to a contract entered into before the effective

2 date of those sections.

3 (2) EXCEPTIONS.—Section 117 shall apply to—

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

5 date of the section to a contract entered into

6 before that effective date;

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

8 date of the section under a contract entered

9 into before that effective date; and

10 (C) a contract that is extended, or for

11 which an option to renew is exercised, on or

12 after the effective date of the section.

13 SEC. 121. REGULATIONS.

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

15 such revisions as may be necessary to the Department’s

16 supplement to the Federal Acquisition Regulation imple17 menting sections 115 through 119 in final form within one

18 year after the date of enactment of this Act. The revisions

19 shall include binding guidance for granting waivers under

20 subsections (b) and (d) of section 115.

21 (b) PROCEDURES.—Section 25(c) of the Office of

22 Federal Procurement Policy Act (41 U.S.C. 421(c)) shall

23 apply to regulations issued under sections 115 through

24 119, except that the Administrator for Federal Procure25 ment Policy may rescind or deny the promulgation of any
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1 such regulation, or take any other action authorized by

2 section 6 of that Act (41 U.S.C. 405), only with respect

3 to any inconsistency of the regulation with those sections

4 which shall be identified by the Administrator. The Ad5 ministrator shall notify the appropriate Committees of the

6 Congress with jurisdiction over the Department and ex7 plain the basis for such action.

8 (c) OTHER GOVERNMENT-WIDE REGULATIONS SU9 PERSEDING SECTIONS 117, 118, AND 119.—

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

11 date of modifications to the Federal Acquisition

12 Regulation relating to the matters covered by sec13 tions 117, 118, and 119 that apply to all executive

14 agencies, including the Department (in this sub15 section referred to as the ‘‘Government-wide regula16 tions’’), sections 117, 118, and 119 (including any

17 regulations issued thereunder) shall be considered to

18 be superseded by the Government-wide regulations,

19 if the Secretary, with the concurrence of the Admin20 istrator for Federal Procurement Policy, determines

21 in writing that the Government-wide regulations—

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

23 matters addressed by sections 117, 118, and

24 119; and
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1 (B) are at least equal to all of the require2 ments of sections 117, 118, and 119.

3 (2) NOTIFICATION OF CONGRESS.—The Sec4 retary shall notify the Congress of any determina5 tion under paragraph (1) (A) and (B) and of the

6 continuing application of sections 117, 118, and 119

7 to the Department.

8 SEC. 122. REFERENCES.

9 Reference in any other Federal law, Executive order,

10 rule, regulation, reorganization plan, delegation of author11 ity, or document—

12 (1) to the Environmental Protection Agency is

13 deemed to refer to the Department of Environmental

14 Protection;

15 (2) to the Administrator of the Environmental

16 Protection Agency is deemed to refer to the Sec17 retary of the Environment;

18 (3) to the Deputy Administrator of the Envi19 ronmental Protection Agency is deemed to refer to

20 the Deputy Secretary of the Environment; and

21 (4) to an Assistant Administrator of the Envi22 ronmental Protection Agency is deemed to refer to

23 the corresponding Assistant Secretary of the Depart24 ment of Environmental Protection who is assigned

25 the functions of that Assistant Administrator.
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1 SEC. 123. SAVINGS PROVISIONS.

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

3 in section 101(e), the Department and its officers, employ4 ees, and agents shall have all the powers and authorities

5 of the Environmental Protection Agency and its officers,

6 employees, and agents, respectively.

7 (b) CONTINUING EFFECT OF LEGAL DOCUMENTS.—

8 All orders, determinations, rules, regulations, permits,

9 grants, contracts, certificates, licenses, privileges, and

10 other administrative actions—

11 (1) which have been issued, made, granted or

12 allowed to become effective by the President, the Ad13 ministrator or other authorized official of the Envi14 ronmental Protection Agency, or by a court of com15 petent jurisdiction, which relate to functions of the

16 Administrator or any other officer or agent of the

17 Environmental Protection Agency actions; and

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

19 takes effect;

20 shall continue in effect according to their terms until

21 modified, terminated, superseded, set aside, or revoked in

22 accordance with law by the President, the Secretary, or

23 other authorized official, by a court of competent jurisdic24 tion, or by operation of law.

25 (c) PROCEEDINGS NOT AFFECTED.—This Act shall

26 not affect any proceeding, proposed rule, or application
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1 for any license, permit, certificate, or financial assistance

2 pending before the Environmental Protection Agency at

3 the time this Act takes effect, and such proceedings and

4 applications shall be continued. Orders shall be issued in

5 such proceedings, appeals shall be taken therefrom, and

6 payments shall be made pursuant to such orders, as if this

7 Act had not been enacted, and orders issued in any such

8 proceedings shall continue in effect until modified, termi9 nated, superseded, or revoked by a duly authorized official,

10 by a court of competent jurisdiction, or by operation of

11 law. Nothing in this subsection prohibits the discontinu12 ance or modification of any such proceeding under the

13 same terms and conditions and to the same extent that

14 such proceeding could have been discontinued or modified

15 if this Act had not been enacted.

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

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

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

19 and judgments rendered in the same manner and with the

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

21 SEC. 124. CONFORMING AMENDMENTS.

22 (a) PRESIDENTIAL SUCCESSION.—Section 19(d)(1)

23 of title 3, United States Code, is amended by inserting

24 before the period at the end the following: ‘‘, Secretary

25 of the Environment’’.
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1 (b) DEFINITION OF DEPARTMENT IN CIVIL SERVICE

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

3 amended by adding at the end the following:

4 ‘‘The Department of Environmental Protec5 tion.’’.

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

7 5, United States Code, is amended by adding at the end

8 the following:

9 ‘‘Secretary of the Environment.’’.

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

11 5, United States Code, is amended by striking ‘‘Adminis12 trator of the Environmental Protection Agency’’ and in13 serting ‘‘Deputy Secretary of the Environment’’.

14 (e) COMPENSATION, LEVEL III.—Section 5314 of

15 title 5, United States Code, is amended by striking ‘‘Dep16 uty Administrator of the Environmental Protection Agen17 cy.’’.

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

19 title 5, United States Code, is amended—

20 (1) by striking ‘‘Inspector General, Environ21 mental Protection Agency’’ and inserting ‘‘Inspector

22 General, Department of Environmental Protection’’;

23 (2) by striking each reference to an Assistant

24 Administrator, or Assistant Administrators, of the

25 Environmental Protection Agency; and
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1 (3) by adding at the end the following:

2 ‘‘Assistant Secretaries, Department of Environ3 mental Protection.

4 ‘‘General Counsel, Department of Environ5 mental Protection.’’.

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

7 5, United States Code, is amended by adding at the end

8 the following:

9 ‘‘Director, Bureau of Environmental Statistics,

10 Department of Environmental Protection.

11 ‘‘Director, Office of Environmental Justice, De12 partment of Environmental Protection.’’.

13 (h) INSPECTOR GENERAL ACT OF 1978.—The In14 spector General Act of 1978 is amended—

15 (1) in section 11(1)—

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

17 ‘‘Energy,’’; and

18 (B) by striking ‘‘Environmental Protec19 tion,’’; and

20 (2) in section 11(2)—

21 (A) by inserting ‘‘Environmental Protec22 tion,’’ after ‘‘Energy,’’; and

23 (B) by striking ‘‘the Environmental Pro24 tection Agency,’’.
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1 SEC. 125. ADDITIONAL CONFORMING AMENDMENTS.

2 After consultation with the Committee on Govern3 ment Operations of the House of Representatives and ap4 propriate committees of the Senate, the Secretary shall

5 prepare and submit to the Congress proposed legislation,

6 which the Secretary determines is necessary and appro7 priate, containing technical and conforming amendments

8 to the laws of the United States to reflect the changes

9 made by this Act.

10 TITLE II—ADMINISTRATIVE

11 PROVISIONS

12 SEC. 201. ACQUISITION OF COPYRIGHTS AND PATENTS.

13 The Secretary may acquire any of the following rights

14 if the property acquired thereby is for use by or for, or

15 useful to, the Department:

16 (1) Copyrights, patents, and applications for

17 patents, designs, processes, and manufacturing data.

18 (2) Licenses under copyrights, patents, and ap19 plications for patents.

20 (3) Releases, before suit is brought, for past in21 fringement of patents or copyrights.

22 SEC. 202. GIFTS AND BEQUESTS.

23 The Secretary may accept, hold, administer, and uti24 lize gifts, bequests, and devises of real or personal prop25 erty and donations of services for the purpose of aiding

26 or facilitating the work of the Department. Gifts, be-
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1 quests, and devises of money and proceeds from sales of

2 other property received as gifts, bequests, or devises shall

3 be deposited in the Treasury and shall be available for

4 disbursement upon the order of the Secretary.

5 SEC. 203. OFFICIAL SEAL OF DEPARTMENT.

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

7 of the Environmental Protection Agency, with appropriate

8 changes, shall be the official seal of the Department, until

9 such time as the Secretary may cause an official seal to

10 be made for the Department of such design as the Sec11 retary shall approve.

12 SEC. 204. USE OF LIKENESS OF OFFICIAL SEAL OF DEPART13 MENT.

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

15 any printed or other likeness of the official seal of the De16 partment, or any facsimile thereof, in or in connection

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

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

19 telecast, or other production, or on any building, monu20 ment, or stationery, for the purpose of conveying, or in

21 a manner reasonably calculated to convey, a false impres22 sion of sponsorship or approval by the Government of the

23 United States or by any department, agency, or instru24 mentality thereof, shall be imprisoned not more than 6
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1 months, or fined under title 18, United States Code, or

2 both.

3 (b) MANUFACTURE, REPRODUCTION, SALE, OR PUR4 CHASES FOR RESALE.—Except as authorized under regu5 lations promulgated by the Secretary and published in the

6 Federal Register, whoever knowingly manufactures, repro7 duces, sells, or purchases for resale, either separately or

8 appended to any article manufactured or sold, any likeness

9 of the official seal of the Department or any substantial

10 part thereof (except for manufacture or sale of the article

11 for the official use of the Government of the United

12 States), shall be imprisoned not more than 6 months, or

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

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

15 (b) may be enjoined by an action brought by the Attorney

16 General in the appropriate district court of the United

17 States. The Attorney General shall file such an action

18 upon request of the Secretary or any authorized represent19 ative of the Secretary.

20 SEC. 205. USE OF STATIONERY, PRINTED FORMS, AND SUP21 PLIES OF ENVIRONMENTAL PROTECTION

22 AGENCY.

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

24 to the extent practicable, existing stationery, printed

25 forms, and other supplies of the Environmental Protection
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1 Agency are used to carry out functions of the Department

2 before procuring new stationery, printed forms, and other

3 supplies for the Department.

4 (b) LIMITATION.—Notwithstanding subsection (a),

5 the Secretary may procure stationery, printed forms, and

6 other supplies for the specific use of the Secretary and

7 the Office of the Secretary.

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