(B) the disclosure of which the agency hav-
ing possession determines would significantly
impair the discharge of authorities and respon-
sibilities that have been delegated to, or vested by
law, in such agency.
(3) OBTAINING INFORMATION TO WHICH ACCESS
IS DENIED.—In any case in which the Director is de-
nied information that is necessary to achieve the pur-
poses of this Act, the Director shall take appropriate
action, pursuant to paragraph (2), to obtain such in-
formation from the original sources of the informa-
tion or an alternate source. Such an alternate source
shall be notified of the reason for any request under
this paragraph for information.
(4) DISCLOSURE OF INFORMATION TO FEDERAL
AGENCIES.—Notwithstanding paragraphs (1) and (2)
and section 552(b)(4) of title 5, United States Code,
the Director, unless prohibited by law, may disclose
any information obtained under this section to—
(A) the General Accounting Office; and
(B) any department or agency of the Fed-
eral Government that requests the information to
carry out its lawful functions.
(5) CONTINUING
APPLICATION
OF
OTHER
RE-
STRICTIONS.—Any information disclosed by the Di-
rector under paragraph (4) shall continue thereafter
to be subject to any restriction, requirement, or condi-
tion regarding the use or disclosure of the information
that applies to the Department.
(i) ESTABLISHMENT OF PUBLIC PARTICIPATION PROC-
ESS.—The Director shall establish an ongoing balanced
process for obtaining public advice, guidance, and rec-
ommendations on the implementation of the functions of the
Director.
(j) PEER REVIEW OF BUREAU.—
(1) REVIEW REQUIREMENT.—The statistical pro-
cedures and methodology of the Bureau shall be sub-
ject to an annual peer review. Such review shall be
conducted by a Peer Review Team, which shall pre-
pare and submit to the President and the Congress a
report describing its investigation and findings.
(2) PEER
REVIEW
TEAM.—The Peer Review
Team shall consist of at least 5 professionally quali-
fied persons who are officers or employees of the
United States, of whom at least—
(A) one shall be designated by the Director
of the Bureau of the Census;
(B) one shall be designated by the Commis-
sioner of Labor Statistics;
(C) one shall be designated by the Director
of the National Center for Health Statistics;
(D) one shall be designated by the Adminis-
trator of the Energy Information Administra-
tion; and
(E) one shall be designated by the Comp-
troller General of the United States.
(3) CHAIRMAN.—The member of the Peer Review
Team appointed under paragraph (2)(E) shall be the
Chairman of the Team.
(4) RESPONSIBILITIES OF DIRECTOR AND SEC-
RETARY.—The Director and the Secretary—
(A) shall cooperate fully with the Peer Re-
view Team; and
(B) notwithstanding any other provisions of
law, shall make available to the Peer Review
Team such relevant data, information, docu-
ments, and services as the Peer Review Team de-
termines are necessary for successful completion
of its peer review.
(5) CONFIDENTIALITY OF INFORMATION.—Infor-
mation made available to the Peer Review Team
under paragraph (4)(B) shall be subject to the con-
fidentiality standards applicable to the information
under subsection (h).
(k) SPECIFICATION IN BUDGET OF PROPOSED APPRO-
PRIATIONS.—The President shall include in each budget
submitted under section 1105 of title 31, United States
Code—
(1) an estimate of expenditures and appropria-
tions necessary to carry out this section for the fiscal
year covered by the budget; and
(2) a statement of the difference, if any, between
the estimate under paragraph (1) and the appropria-
tion request for the fiscal year that is submitted to the
President by the Director under section 1108 of that
title.
(l) STATE AND LOCAL GOVERNMENTS.—Any require-
ment solely under this section or a regulation promulgated
solely under this section, that a State or local government
collect data, conduct an activity, or provide a service, shall
apply to the State or local government only if all funds
necessary to pay the direct costs incurred by the government
in conducting the activity, or providing the service, are pro-
vided by the Federal Government. Nothing in this sub-
section shall affect the authority of the Director to collect
data or information from a State or local government that
is available without need for further collection by that gov-
ernment, or that is otherwise required by law.
SEC. 112. OFFICE OF ENVIRONMENTAL JUSTICE.
(a) OFFICE OF ENVIRONMENTAL JUSTICE.—The Sec-
retary shall establish in the Department an Office of Envi-
ronmental Justice (hereinafter in this section referred to as
the ‘‘Office’’), which shall be independent of the Depart-
ment’s single-medium program offices but shall have the au-
thority to advise such offices about environmental justice
matters. The Office shall be under the direction of a Direc-
tor appointed by the President, with the advice and consent
of the Senate. The Director shall be compensated at level
V of the Executive Schedule under section 5316 of title 5,
United States Code.
(b) FUNCTIONS.—The Director shall develop and, with
the approval of the Secretary, implement a strategy to pro-
mote, to the greatest extent practicable and consistent with
the provisions of this section and other provisions of law
applicable to the Department, environmental justice for all
people wherever they are located or work in the United
States, and regardless of income, race, ethnicity, or national
origin.
(c) ENVIRONMENTAL JUSTICE ADVISORY COMMIT-
TEE.—
(1) ESTABLISHMENT
OF
ADVISORY
COMMIT-
TEE.—The Secretary shall establish an Advisory
Committee on Environmental Justice (hereinafter in
this subsection referred to as the ‘‘Committee’’), which
shall advise the Secretary and the Director on matters
relating to the strategic direction, policies, and pro-
grams of the Department under this section.
(2) APPOINTMENTS.—
(A) MEMBERSHIP.—The Committee shall be
composed of not more than 15 members ap-
pointed by the Secretary. The Director and the
Secretary (or their designees) shall be ex officio
members of the Committee. The Secretary shall,
in appointing members of the Committee—
(i) ensure that the Committee is fairly
balanced with respect to points of view rep-
resented and with regard to racial, gender,
ethnic, and geographic representation;
(ii) include individuals who have
knowledge of, and experience with, environ-
mental conditions in racial minority, ethnic
minority, or moderate- and low-income
communities;
(iii) include individuals who are recog-
nized experts in the fields of environmental
law, socioeconomic analysis, health and en-
vironmental effects, exposure evaluation,
and environmental health science research;
and
(iv) include individuals who represent
the regulated community, labor, commu-
nity-based groups, Federal, State, and local
governments, Indian tribes, and other enti-
ties that the Secretary determines to be ap-
propriate.
(B) TERMS.—Except as provided in sub-
paragraph (C), members of the Board shall be
appointed for a 3-year term, and may be
reappointed for 1 additional term. Appointees to
vacancies shall serve for the remainder of the
original member’s term.
(C) STAGGERED TERMS.—Of the members
first appointed to the Committee—
(i) one-third shall be appointed for a
1-year term; and
(ii) one-third shall be appointed for a
2-year term.
(d) STATE AND LOCAL GOVERNMENTS.—Any require-
ment or strategy implemented by the Director solely as a
result of provisions under this section or a regulation pro-
mulgated solely under the provisions of this section, that
a State or local government conduct an activity, or provide
a service, shall apply to the State or local government only
if all funds necessary to pay the direct costs incurred by
the government in conducting the activity, or providing the
service, are provided by the Federal Government.
SEC. 113. OFFICE OF ENVIRONMENTAL RISK.
(a) OFFICE OF ENVIRONMENTAL RISK.—The Secretary
shall establish in the Department an Office of Environ-
mental Risk (hereinafter in this section referred to as the
‘‘Office’’), which shall be independent of the Department’s
single-medium program offices but shall have the authority
to advise such offices about environmental relative risk mat-
ters. The Office shall be under the direction of a Director
appointed by the President, by and with the advice and
consent of the Senate. The Director shall be compensated
at level V of the Executive Schedule under section 5316 of
title 5, United States Code.
(b) FUNCTIONS.—The Director shall develop and, with
the approval of the Secretary, implement a strategy, to at-
tain, to the greatest extent practicable and consistent with
the provisions of this section and other provisions of law
applicable to the Department, reductions in risk to human
health and the environment that are practicable with the
resources available.
(c) ADVISORY COMMITTEE ON RELATIVE RISKS.—
(1) ESTABLISHMENT
OF
ADVISORY
COMMIT-
TEE.—The Secretary shall establish an Advisory
Committee on Relative Risk (hereinafter in this sub-
section referred to as the ‘‘Committee’’), which shall
advise the Secretary and the Director on matters re-
lating to the strategic direction, policies, and pro-
grams of the Department under this section.
(2) MEMBERS.—
(A) IN GENERAL.—The Secretary shall ap-
point 15 members to the Committee. In making
appointments to the Committee, the Secretary
shall request nominations from the heads of the
National Academy of Sciences, the National
Academy of Engineering, the Assistant to the
President for Science and Technology, the Soci-
ety for Risk Analysis, and such other individuals
as the Secretary determines to be appropriate.
(B) REPRESENTATION.—The Secretary shall
appoint a representative group of individuals on
the basis of the recognized expertise and ability
of the individuals in the areas of human health
effects (including physicians and industrial hy-
gienists), ecological effects, welfare effects, law,
engineering, economics, risk communications,
and other such specialties related to risk man-
agement and risk assessment as the Secretary
considers appropriate.
(C) 
CONSIDERATIONS
OF
THE
SEC-
RETARY.—In making appointments, the Sec-
retary shall appoint members so as to represent
a balanced spectrum of expertise and ability. The
Secretary shall take such action as is necessary
to ensure that—
(i) the appointments are made only on
the basis of the criteria referred to in the
previous sentence, and not other criteria,
such as political affiliation; and
(ii) each member appointed to the
Committee has no real or apparent conflict
of interest with respect to serving on the
Committee.
(D) LIST.—The Secretary shall publish a
list of the individuals who supply nominations
pursuant to this paragraph and their respective
nominees.
(E) TERMS.—Except as provided in sub-
paragraph (F), members of the Board shall be
appointed for a 3-year term, and may be
reappointed for 1 additional term. Appointees to
vacancies shall serve for the remainder of the
original member’s term.
(F) STAGGERED TERMS.—Of the members
first appointed to the Committee—
(i) one-third shall be appointed for a
1-year term; and
(ii) one-third shall be appointed for a
2-year term.
SEC. 114. SCIENTIFIC INTEGRITY.
(a) IN GENERAL.—The Secretary, in carrying out re-
sponsibilities of the Secretary under this Act and any other
Act that applies to the Department, shall—
(1) provide for the development and acquisition
of the best credible and unbiased scientific informa-
tion, and make such information available on a time-
ly basis, for use by, and guidance of, the Secretary;
and
(2) develop, publish, and implement, within 18
months after the date of the enactment of this Act,
meaningful peer review and quality assurance guide-
lines and policies for improved performance of the
Department and its activities, which guidelines and
policies shall identify, to the greatest extent possible,
the types or categories of science-based, science-
dependent, and technical products that will be subject
to them.
(b) PRODUCTS DEFINED.—In subsection (a)(2), the
term ‘‘products’’—
(1) includes studies, reports, models, analyses,
and other publications used to support rulemaking;
and
(2) does not include the promulgation of a rule,
the issuance or denial of a permit, or the taking of
enforcement actions.
(c) LIMITATION
ON LEGAL EFFECT.—This section
shall not be the basis for challenging actions taken under
other provisions of law, or the cause of delay of any action
required to meet a statutory or court-imposed deadline.
SEC. 115. CONFLICTS OF INTEREST OF MEMBERS OF ADVI-
SORY COMMITTEES.
(a) CONFLICTS OF INTEREST REPORTING REQUIRE-
MENTS.—Each member of an advisory committee of the De-
partment who is not an officer or employee of the Federal
Government shall file with the Secretary an annual written
report disclosing—
(1) the member’s principal employment;
(2) all other corporations, companies, firms,
partnerships, business enterprises, research organiza-
tions, educational institutions, or other entities in or
to which the member serves as an employee, officer,
adviser, director, owner, or consultant, including a
description of the nature of the member’s service, but
only to the extent the entity or relationship is rel-
evant to the purposes and functions of the advisory
committee; and
(3) the identity, but not the value or amount, of
any sources of income or financial interests of the
member that are or may be relevant to the purposes
and functions of the advisory committee.
(b) PUBLIC ACCESS
TO REPORTS.—The Secretary
shall, within 15 days after receiving any report under this
section, permit inspection of such report by, or furnish a
copy of such report to, any person requesting such inspec-
tion or copy, subject to the terms and conditions established
by section 104 of the Ethics in Government Act of 1978
(2 U.S.C. 704) for reports filed under that Act.
(c) BALANCED REPRESENTATION REQUIREMENT.—
(1) IN GENERAL.—The membership of each advi-
sory committee appointed by the Department shall be
balanced in terms of the points of view represented
and the functions to be performed by the advisory
committee. In order to meet this requirement, each
such advisory committee shall have representatives
appointed from among the following groups:
(A) The affected industry.
(B) Consumer, labor, environmental, health,
and public interest groups.
(C) State and local governments and In-
dian tribes.
(2) TREATMENT OF CATEGORIES.—The categories
described in paragraphs (1) (A), (B), and (C)—
(A) are not exclusive, and
(B) may each be waived by the appointing
authority if a determination is made in writing
explaining why the category is not germane to
the work of the advisory committee.
(3) JUDICIAL REVIEW.—A determination under
paragraph (2)(B) is subject to judicial review.
(d) ADVISORY COMMITTEE COMPENSATION.—
(1) IN GENERAL.—Subject to paragraph (2), the
Secretary may pay members of advisory committees
of the Department at rates for individuals not to ex-
ceed the per diem rate equivalent to the rate for level
V of the Executive Schedule under section 5316 of
title 5, United States Code.
(2) CONDITION.—The Secretary may not pay
compensation to an individual under paragraph (1)
unless compensation is necessary because—
(A) the services of the individual are consid-
ered by the Secretary to be essential;
(B) failure to pay compensation would con-
stitute a financial hardship for the individual;
or
(C) the individual has professional expertise
that may not be obtained without compensation.
SEC. 116. LIMITATION ON SCOPE OF CERTAIN UMBRELLA
CONTRACTS BY DEPARTMENT FOR ADVISORY
AND ASSISTANCE SERVICES.
(a) ENSURING COMPETITION FOR UMBRELLA CON-
TRACTS.—The Department may enter into an umbrella
contract only under the following conditions:
(1) The period covered by the contract does not
exceed—
(A) in the case of a response action contract
(as that term is defined in section 119(e) of the
Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C.
9619(e), as in effect on the date of the enactment
of this Act), 10 years; or
(B) in the case of any other contract—
(i) 5 years; or
(ii) such longer period as may be spec-
ified by the Secretary, if the Secretary de-
termines in writing that unusual and com-
pelling circumstances exist justifying an
umbrella contract for a longer period.
(2) Except as provided in subsection (e), the con-
tract is awarded pursuant to full and open competi-
tion (as that term is defined in section 4 of the Office
Federal Procurement Policy Act (41 U.S.C. 403)), un-
less the Secretary determines in writing that—
(A) the services to be procured under the
contract are available from only one responsible
source and no other type of services will satisfy
the needs of the Department; or
(B) the Department’s need for the services to
be provided under the contract is of such an un-
usual and compelling urgency that the Govern-
ment would be seriously injured unless the De-
partment is permitted to limit the number of
sources from which it solicits bids or proposals.
(3) The contract does not authorize the contrac-
tor to procure items on behalf of the Government, ex-
cept that the contract may authorize the contractor to
procure personal property if—
(A) it is procured under a response action
contract referred to in paragraph (1),
(B) it is procured for the performance of the
contract, and
(C) all right, title, and interest in the prop-
erty vests in the Government.
(b) PROHIBITION OF ‘‘CONTRACT SHOPPING’’.—
(1) LIMITATION.—Task orders or work assign-
ments may be made under an umbrella contract
awarded by the Department only to carry out the
mission of the office, function, or program that re-
quested the umbrella contract.
(2) WAIVER.—The Secretary (or a designee who
is an officer of the Department at or above the level
of the senior procurement executive of the Department
designated pursuant to section 16(3) of the Office
Federal Procurement Policy Act (41 U.S.C. 414(3))
may waive the application of the limitation set forth
in paragraph (1) to a task order or work assignment
if he or she determines in writing that—
(A) the task order or work assignment is
within the scope of the umbrella contract;
(B) there is an identifiable emergency or
other urgent requirement that cannot be met by
other means; and
(C) there is no other contract available to
the office seeking the waiver that is suitable for
the task order.
(3) APPLICATION.—Paragraph (1) does not
apply to any contract which is determined by the
Secretary in writing, before the award of the contract,
as being necessary to meet the needs of more than one
office, function, or program.
(c) FOLLOW-ON COMPETITION.—Statements of work in
an umbrella contract awarded by the Department shall be
prepared so as to ensure full and open competition (as that
term is defined in section 4 of the Office Federal Procure-
ment Policy Act (41 U.S.C. 403) for any new contract that
results from, completes, or supplements the work performed
under the umbrella contract.
(d) SUBCONTRACTORS.—
(1) IDENTIFICATION OF SUBCONTRACTORS.—Any
solicitation for an umbrella contract awarded by the
Department shall require that all offerors identify in
their proposals all prospective subcontractors and the
qualifications of those subcontractors.
(2) RESTRICTION
ON
ELIGIBILITY
FOR
SUB-
CONTRACTS.—A person who is not identified as a
prospective subcontractor in accordance with para-
graph (1) by the prime contractor for an umbrella
contract awarded by the Department shall not be eli-
gible to perform any task order or work assignment
as a subcontractor under the umbrella contract.
tract entered into before the effective date of that
section.
(2) INHERENTLY GOVERNMENTAL FUNCTIONS.—
This section shall apply to an inherently govern-
mental function performed or sought to be per-
formed—
(A) under a task added on or after the effec-
tive date of that section to a contract entered
into before that effective date;
(B) under an order made on or after the ef-
fective date of that section under a contract en-
tered into before that effective date; or
(C) on or after the effective date of that sec-
tion under a contract that is extended, or for
which an option to renew is exercised, on or
after that effective date.
(f) RELATIONSHIP TO OTHER LAW.—The requirements
of this section are in addition to, and do not supersede or
affect, other provisions of law.
SEC. 118. DISALLOWANCE OF, AND PENALTIES FOR, IM-
PROPERLY CLAIMED COSTS UNDER DEPART-
MENT CONTRACTS AND REGULATIONS.
(a) COSTS DISALLOWED.—If a contractor under a cov-
ered contract submits a proposal for settlement of indirect
costs incurred by the contractor for any period after such
cluding the Department (in this subsection referred to
as the ‘‘Government-wide regulations’’), sections 118,
119, and 120 (including any regulations issued there-
under) shall be considered to be superseded by the
Government-wide regulations, if the Secretary, with
the concurrence of the Administrator for Federal Pro-
curement Policy, determines in writing that the Gov-
ernment-wide regulations—
(A) cover, for the Department, all of the
matters addressed by sections 118, 119, and 120;
and
(B) are at least equal to all of the require-
ments of sections 118, 119, and 120.
(2) NOTIFICATION OF CONGRESS.—The Secretary
shall notify the Congress of any determination under
paragraph (1) (A) and (B) and of the continuing
application of sections 118, 119, and 120.
SEC. 123. REFERENCES.
Reference in any other Federal law, Executive order,
rule, regulation, reorganization plan, delegation of author-
ity, or document—
(1) to the Environmental Protection Agency is
deemed to refer to the Department of Environmental
Protection;