IB
Union Calendar No. 192
103D CONGRESS
1ST SESSION
H. R. 3425
[Report No. 103–355]
To redesignate the Environmental Protection Agency as the Department
of Environmental Protection, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 3, 1993
Mr. CONYERS (for himself, Mr. BOEHLERT, Mr. SYNAR, Mr. PORTER, Mr.
WAXMAN, Mr. SHAYS, Mr. STUDDS, Mr. GILMAN, Mr. NEAL of North
Carolina, Mr. MACHTLEY, Mrs. COLLINS of Illinois, Mrs. MEYERS of
Kansas, Mr. RUSH, Mrs. MORELLA, Mr. OWENS, Mr. GILLMOR, Mr.
WASHINGTON, Mr. GALLO, Ms. MARGOLIES-MEZVINSKY, Mr. RAMSTAD,
Mr. WISE, Ms. SNOWE, Mr. TOWNS, Mr. SMITH of New Jersey, Mrs.
MALONEY, Mr. WALSH, Mr. PAYNE of New Jersey, Mr. LAZIO, Mr.
HOCHBRUECKNER, Ms. MOLINARI, Mr. WELDON, Mrs. JOHNSON of Con-
necticut, Mr. GOSS, Mr. KLUG, Mr. UPTON, Mr. SANDERS, Mr. HORN,
Mr. LANTOS, Ms. BROWN of Florida, Ms. WOOLSEY, Mr. GENE GREEN
of Texas, and Mr. LANCASTER) introduced the following bill; which was
referred to the Committee on Government Operations
NOVEMBER 10, 1993
Additional sponsors: Mr. DINGELL, Miss COLLINS of Michigan, and Ms.
FURSE
NOVEMBER 10, 1993
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on November 3, 1993]
A BILL
To redesignate the Environmental Protection Agency as the
Department of Environmental Protection, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘De-
partment of Environmental Protection Act’’.
(b) TABLE OF CONTENTS.—The contents of this Act 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 re-
porting to Congress.
Sec. 109. Information resources management.
Sec. 110. Public access to and use of information resources.
Sec. 111. Bureau of Environmental Statistics.
Sec. 112. Office of Environmental Justice.
Sec. 113. Office of Environmental Risk.
Sec. 114. Scientific integrity.
Sec. 115. Conflicts of interest of members of advisory committees.
Sec. 116. Limitation on scope of certain umbrella contracts by Department for
advisory and assistance services.
Sec. 117. Prohibition on transferring to contractors inherently governmental
functions of Department.
Sec. 118. Disallowance of, and penalties for, improperly claimed costs under De-
partment contracts and regulations.
Sec. 119. Contractor employee gift, entertainment, or recreation costs specifically
unallowable under Department contracts.
Sec. 120. Documentation of contractor travel costs.
Sec. 121. Effective dates; limitations on application.
Sec. 122. Regulations.
Sec. 123. References.
Sec. 124. Savings provisions.
Sec. 125. Conforming amendments.
Sec. 126. Additional conforming amendments.
TITLE II—ADMINISTRATIVE PROVISIONS
Sec. 201. Acquisition of copyrights and patents.
Sec. 202. Gifts and bequests.
Sec. 203. Official seal of Department.
Sec. 204. Use of likeness of official seal of Department.
Sec. 205. Use of stationery, printed forms, and supplies of Environmental Protec-
tion Agency.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) DEPARTMENT.—The term ‘‘Department’’
means the Department of Environmental Protection
provided for in section 101(a).
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has
the same meaning as provided by section 4(e) of the
Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(e)).
(3) STATE.—The term ‘‘State’’ means a State,
the District of Columbia, the Commonwealth of Puer-
to Rico, the Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands,
and any other territory or possession of the United
States.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Environment appointed under
section 101(b).
SEC. 3. DISCLAIMER.
Nothing in this Act or the amendments made by this
Act shall be construed by the Secretary, any officer or em-
ployee of the Department, or by any court as altering, af-
fecting, amending, modifying, or changing, directly or indi-
rectly, any law which on the day before the date of the en-
actment of this Act referred to and provided authorities or
responsibilities for, or was administered by, the Environ-
mental Protection Agency or the Administrator of the Envi-
ronmental Protection Agency. The term ‘‘any law’’ in the
preceding sentence includes the Federal Water Pollution
Control Act, title XIV of the Public Health Service Act (the
Safe Drinking Water Act), the Clean Air Act, the Pollution
Prevention Act of 1990, the Toxic Substances Control Act,
the Federal Insecticide, Fungicide, and Rodenticide Act, the
Federal Food, Drug, and Cosmetic Act, the Motor Vehicle
Information and Cost Savings Act, the Federal Hazardous
Substances Act, the Atomic Energy Act, the Noise Control
Act of 1972, the Solid Waste Disposal Act, the Comprehen-
sive Environmental Response, Compensation, and Liability
Act of 1980, the Superfund Amendments and Reauthoriza-
tion Act of 1986, the Ocean Dumping Act, the Environ-
mental Research, Development, and Demonstration Author-
ization Act, the Pollution Prosecution Act of 1990, and the
Federal Facilities Compliance Act of 1992, or any statute
containing amendment to any of such Acts. The provisions
of section 112 (relating to environmental justice) and sec-
tion 113 (relating to environmental risk) shall not be con-
strued to alter, affect, amend, or change such Acts, and to
the extent that the authorities provided under such provi-
sions are made applicable by the Secretary to programs,
standards, or regulations under such Acts, the Secretary
shall ensure that such provisions do not alter, affect, amend,
modify, or change the objectives, requirements, procedures,
or limitations of such Acts or make them more or less
stringent.
TITLE 
I—REDESIGNATION 
OF
ENVIRONMENTAL 
PROTEC-
TION 
AGENCY 
AS 
DEPART-
MENT 
OF 
ENVIRONMENTAL
PROTECTION
SEC. 101. REDESIGNATION OF ENVIRONMENTAL PROTEC-
TION AGENCY AS DEPARTMENT OF ENVIRON-
MENTAL PROTECTION.
(a) REDESIGNATION.—
(1) IN
GENERAL.—The Environmental Protec-
tion Agency is redesignated as the Department of En-
vironmental Protection, and shall be an executive de-
partment in the executive branch of the Government.
(2) HEADQUARTERS.—The Department shall be
headquartered at the seat of Government.
(3) OFFICIAL ACRONYM.—The official acronym of
the Department shall be ‘‘D.E.P.’’.
(b) SECRETARY OF THE ENVIRONMENT.—
(1) IN GENERAL.—There shall be at the head of
the Department a Secretary of the Environment who
shall be appointed by the President, by and with the
advice and consent of the Senate.
(2) OFFICE OF THE SECRETARY.—The Office of
the Secretary shall consist of—
(A) the Secretary and the Deputy Secretary
appointed under subsection (d); and
(B) such other officers as the Secretary may
determine to be necessary, who may include an
Executive Secretary appointed by the Secretary.
(c) TRANSFER OF FUNCTION, POWERS, AND DUTIES.—
(1) IN GENERAL.—The functions, powers, and
duties of each officer and employee of the Environ-
mental Protection Agency are transferred to, and vest-
ed in, the corresponding officer or employee of the
Department.
(2) CONSTRUCTION.—This subsection may not be
construed to prohibit the delegation or redelegation by
the Secretary of functions, powers, or duties trans-
ferred by paragraph (1).
(d) DEPUTY SECRETARY.—
consideration the need to ensure that regulations,
standards, and policies of the Department (including
changes and revisions to regulations, standards, and
policies) are promulgated and issued by the Secretary
or other officers of the Department.
(3) NOTICE; REVIEW.—The Secretary shall—
(A) maintain, in a central location that is
available to the public, copies of all orders and
other 
instruments 
making 
delegations 
and
redelegations of function under this subsection
(including all revisions to such delegations); and
(B) periodically review all such delegations
and redelegations.
SEC. 102. ASSISTANT SECRETARIES.
(a) ESTABLISHMENT OF POSITIONS.—There shall be in
the Department such number of Assistant Secretaries, not
to exceed 10, as the Secretary shall determine, each of
whom—
(1) shall be appointed by the President, by and
with the advice and consent of the Senate; and
(2) shall perform such functions as the Secretary
prescribes.
(b) FUNCTIONS.—
(1) IN GENERAL.—The Secretary shall assign to
the Assistant Secretaries of the Department such func-
tions as the Secretary considers appropriate, includ-
ing, subject to the discretion of and modification by
the Secretary—
(A) pollution prevention;
(B) resource recovery, recycling, and reuse;
(C) education;
(D) policy, planning, and evaluation;
(E) administration;
(F) resources management, including finan-
cial and budget management;
(G) information resources management;
(H) procurement and assistance manage-
ment;
(I) personnel and labor relations;
(J) enforcement;
(K) compliance monitoring;
(L) research and development;
(M) air;
(N) radiation;
(O) water;
(P) pesticides;
(Q) toxic substances;
(R) solid wastes;
(S) hazardous waste and hazardous waste
cleanup;
(T) small entity compliance and Regulatory
Flexibility Act enforcement;
(U) emergency response;
(V) congressional affairs and public affairs;
(W) intergovernmental affairs;
(X) Indian affairs, including Indian tribes;
(Y) international affairs; and
(Z) noise pollution control and abatement.
(2) NOTIFICATION REGARDING MODIFICATIONS.—
The Secretary may not modify the responsibilities of
any Assistant Secretary without prior written notifi-
cation, with explanation, of such modification to the
appropriate committees of the Senate and the House
of Representatives.
(c) DESIGNATION OF FUNCTIONS PRIOR TO CONFIRMA-
TION.—Whenever the President submits the name of an in-
dividual to the Senate for confirmation as an Assistant Sec-
retary under this section, the President shall state the par-
ticular functions of the Department (as assigned by the Sec-
retary under subsection (b)) such individual will exercise
upon taking office.
SEC. 103. DEPUTY ASSISTANT SECRETARIES.
(a) ESTABLISHMENT OF POSITIONS.—There is author-
ized in the Department such number of Deputy Assistant
Secretaries as the Secretary determines is appropriate, not
to exceed 20.
(b) APPOINTMENTS AND FUNCTIONS.—Each Deputy
Assistant Secretary—
(1) shall be appointed by the Secretary; and
(2) shall perform such functions as the Secretary
shall prescribe.
SEC. 104. OFFICE OF THE GENERAL COUNSEL.
(a) OFFICE.—There shall be in the Department the Of-
fice of the General Counsel.
(b) GENERAL COUNSEL.—There shall be at the head
of such office a General Counsel who shall be appointed by
the President, by and with the advice and consent of the
Senate.
(c) FUNCTIONS.—The General Counsel shall be the
chief legal officer of the Department and shall provide legal
assistance to the Secretary concerning the programs and
policies of the Department.
SEC. 105. OFFICE OF INSPECTOR GENERAL.
The Office of Inspector General of the Environmental
Protection Agency, established in accordance with the In-
spector General Act of 1978 (5 U.S.C. App.), is redesignated
as the Office of Inspector General of the Department of
Environmental Protection.
SEC. 106. REGIONAL OFFICES.
(a) REGIONAL OFFICES.—
(1) ESTABLISHMENT; NUMBER.—The Secretary
shall establish such Regional Offices of the Depart-
ment as the Secretary determines to be necessary to
carry out in an efficient and economic manner the
functions vested in the Secretary or other officials of
the Department. The number of such Regional Offices
may not exceed 10.
(2) ALTERATION, CONSOLIDATION, AND RELOCA-
TION.—The Secretary may alter, consolidate, or relo-
cate any Regional Office taking into consideration the
needs of the Department and economy and efficiency.
(b) REGIONAL ADMINISTRATORS.—
(1) IN GENERAL.—There shall be in each Re-
gional Office established under subsection (a) a Re-
gional Administrator, who shall be the head of the Re-
gional Office.
(2) APPOINTMENT.—Each Regional Adminis-
trator shall be appointed by, and serve at the pleasure
of, the Secretary.
(3) FUNCTIONS.—Each Regional Administrator
shall implement, execute, and enforce the national
program priorities and policies established, in accord-
ance with this Act and other laws applicable to the
Department, by the Secretary, or by the Deputy Sec-
retary or an Assistant Secretary pursuant to a dele-
gation from the Secretary.
(c) INFORMATION REGARDING REGIONAL OFFICE PER-
FORMANCE.—The Secretary shall periodically assess the
performance of each Regional Office in meeting the program
and enforcement priorities established or delegated by the
Secretary, and inform the appropriate committees of the
Congress about that performance. The first such assessment
shall be completed within 2 years after the date of the enact-
ment of this Act.
SEC. 107. CONTINUING PERFORMANCE OF FUNCTIONS.
(a) REDESIGNATION OF POSITIONS.—
(1) ADMINISTRATOR.—The Administrator of the
Environmental Protection Agency is redesignated as
the Secretary of the Environment.
(2) DEPUTY ADMINISTRATOR.—The Deputy Ad-
ministrator of the Environmental Protection Agency
is redesignated as the Deputy Secretary of the Envi-
ronment.
(3) ASSISTANT ADMINISTRATORS.—Each Assist-
ant Administrator of the Environmental Protection
Agency is redesignated as an Assistant Secretary of
the Department.
(4) GENERAL COUNSEL.—The General Counsel of
the Environmental Protection Agency is redesignated
as the General Counsel of the Department.
(5) INSPECTOR GENERAL.—The Inspector Gen-
eral of the Environmental Protection Agency is redes-
ignated as the Inspector General of the Department.
(b) NOT SUBJECT
TO RENOMINATION
OR RECON-
FIRMATION.—An individual serving at the pleasure of the
President in a position that is redesignated by subsection
(a) may continue to serve in and perform functions of that
position after the date of the enactment of this Act without
renomination by the President or reconfirmation by the
Senate.
SEC. 108. STRATEGIC MANAGEMENT, PLANNING, PERFORM-
ANCE MEASUREMENT, AND REPORTING TO
CONGRESS.
(a) IN GENERAL.—The Secretary shall take such ac-
tions as the Secretary determines to be necessary to ensure
that all functions and duties vested in the Secretary or other
officials of the Department under existing law are carried
out in an efficient and economic manner.
(b) RESPONSIBILITIES OF THE SECRETARY.—The Sec-
retary shall—
(1) develop and maintain, in accordance with
the statutes that authorize programs of the Depart-
ment, a strategic business plan for the Department
that clearly and specifically defines the mission of the
Department;
(2) establish and maintain a performance meas-
urement system to measure and report on specific
program performance from a policy, operational, and
economic standpoint, including information resources
management; and
(3) establish a permanent departmental senior
management committee, which shall—
(A) be chaired by the Secretary;
(B) consist of senior program managers of
the Department; and
(C) assist the Secretary in carrying out the
responsibilities of the Secretary in managing the
Department.
(c) REPORT TO THE CONGRESS.—Within 30 days of
the submission to the Congress of the budget of the United
States Government for each fiscal year under section 1105
of title 31, United States Code, the Secretary shall report
to the Congress on—
(1) the extent to which the strategic business
plan required by subsection (b) has been implemented,
especially with regard to the specific performance
measures established under subsection (b)(2); and
(2) progress in implementing the strategy to at-
tain reductions in risk developed under section
113(b).
SEC. 109. INFORMATION RESOURCES MANAGEMENT.
(a) RESPONSIBILITIES OF THE SECRETARY.—The Sec-
retary, consistent with section 111 and other provisions of
law, shall—
(1) manage information resources and informa-
tion technology so as to ensure—
(A) maximum net benefits from the applica-
tion of such resources and technology, and
(B) maximum accountability to the public;
(2) develop policies and mechanisms to commu-
nicate information management goals, priorities, and
practices effectively throughout the Department, in-
cluding policy guidance that describes the process by
which the Department shall initiate, approve, and
evaluate major automated information systems at key
milestones;
(3) ensure that program management officials,
the Chief Financial Officer of the Department, the
Chief Information Officer of the Department, and the
Director of Environmental Statistics collaborate in—
(A) defining the specific information and
developing the systems capabilities necessary to
meet program missions and goals;
(B) identifying specific opportunities to re-
design business practices and supporting infor-
mation systems;
(C) estimating the life-cycle costs of pro-
posed automated information systems and ob-
taining independent cost evaluations; and
(D) assuring that information included in
the annual budget request of the Department in-
cludes life-cycle cost estimates for automated in-
formation systems;
(4) develop management processes that assign
priority to information technology acquisitions and
measure the effect of those acquisitions on mission
performance;
(5) ensure substantive involvement of program
management and systems users with information re-
sources management staff in all information systems
projects;
(6) establish a management education program
to assist managers in identifying—
(A) areas in which information and tech-
nology are vital to mission accomplishment, and
(B) techniques that can be applied to ex-
ploit information technology successfully; and
(7) in accordance with all laws applicable to the
Department, coordinate the data collection and dis-
semination efforts of the Department with other rel-
evant Federal, State, and local agencies in order to
reduce unnecessary burdens and promote greater inte-
gration of information.
(b) INFORMATION RESOURCES MANAGEMENT STEER-
ING COMMITTEE.—
(1) ESTABLISHMENT.—The Secretary shall estab-
lish a permanent information resources management
steering committee, which shall—
(A) consist of senior program managers or
their representatives, and
(B) include the Chief Information Officer of
the Department and the Director of Environ-
mental Statistics.
(2) 
FUNCTIONS.—The 
committee 
established
under paragraph (1) shall—
(A) assist and advise the Secretary in car-
rying out information resources management re-
sponsibilities of the Secretary under subsection
(a);
(B) present Department-wide information
resources management issues to the departmental
senior management committee established under
section 108(b)(3) for resolution;
(C) establish specific performance measures
for information resources management that re-
late specifically to program missions;
(D) review and make recommendations to
the Secretary with regard to major automated
information systems of the Department at
predefined milestones throughout their life cycles;
and
(E) evaluate and make recommendations to
the Secretary with regard to significant informa-
tion technology acquisitions of the Department
above a threshold to be defined by the committee.
(c) CHIEF INFORMATION OFFICER.—
(1) DESIGNATION
AND
PRIMARY
RESPONSIBIL-
ITIES.—
(A) IN GENERAL.—The Secretary shall des-
ignate a Chief Information Officer of the Depart-
ment, whose primary responsibilities shall in-
clude providing assistance to senior agency man-
agement in ensuring that information and tech-
nology resources are managed to maximize bene-
fits to the Department and accountability to the
public served by the Department.
(B) INFORMATION
COORDINATION
FUNC-
TIONS.—The Chief Information Officer shall
serve as the senior official required to be des-
ignated for the Department under section
3506(b) of title 44, United States Code.
(2) QUALIFICATIONS.—To the maximum extent,
the individual designated as Chief Information Offi-
cer shall be selected from individuals who have—
(A) direct and substantial experience in
successfully achieving major improvements in or-
ganizational performance through the use of in-
formation technology; and
(B) demonstrated technical competence and
ability to work effectively with senior program
managers.
(3) RANK; LIMITATION ON DUTIES.—The Chief
Information Officer shall—
(A) hold a rank in the Department equiva-
lent to Assistant Secretary;
(B) report directly to the Secretary; and
(C) not be assigned any permanent duties
that are not related to information resources
management.
(d) RESPONSIBILITIES OF THE CHIEF INFORMATION
OFFICER.—The Chief Information Officer, consistent with
section 111 and other provisions of law, shall—
(1) design, develop, implement, and facilitate a
strategic information resources management process
for the Department that—
(A) establishes what information resources
management capabilities are necessary to sup-
port programs for accomplishing the mission of
the Department, including information resources
management policies, architectures, and stand-
ards;
(B) includes information plans that set
forth what information systems and programs
will support the various programmatic and
management information requirements of the De-
partment;
(C) includes the development of annual op-
erating plans, coordinated with departmental
budgets, setting forth resource allocations for spe-
cific information systems and programs that
support Department missions and goals; and
(D) includes performance review and re-
porting that identifies net benefits actually real-
ized from information system investments;
(2) design and maintain a strategic information
resources management plan;
(3) develop a comprehensive process for control-
ling information systems development and operations
life cycle, including explicit decision criteria and
early decision points for all information systems
projects;
(4) be responsible for assuring the effective and
efficient design, development, and delivery of informa-
tion products and services that support key program
responsibilities;
(5) in cooperation with the Chief Financial
Officer of the Department, ensure that—
(A) Department-wide and component ac-
counting, financial, and asset management sys-
tems and other information systems that provide,
at least in part, financial or program perform-
ance data used in financial statements are effec-
tively designed, developed, and implemented; and
(B) financial and related program perform-
ance data are provided on a reliable, consistent,
and timely basis to agency financial manage-
ment systems;
(6) identify, in cooperation with program man-
agers and the Chief Financial Officer of the Depart-
ment, specific opportunities to redesign business prac-
tices and supporting information systems to improve
agency performance;
(7) regularly complete accurate post-implementa-
tion reviews for all information systems projects of
the Department;
(8) develop, in cooperation with the Chief Finan-
cial Officer of the Department, full and accurate
information on—
(A) information technology expenditures
(including capital investment and expenses) by
the Department; and
(B) all expenses for Department staff who
carry out information resources management re-
sponsibilities;
(9) develop requirements and mechanisms for
comprehensive information resources management
training and professional development of Department
staff;
(10) establish policies for communicating De-
partment-wide and component information systems
requirements and acquisition plans with industry, in-
cluding by—
(A) working with program managers and
component information resources management
officials to ensure that each major acquisition
plan contains an industry communications seg-
ment that informs industry of the acquisition,
presents its purpose, and solicits industry feed-
back on technology, schedule, and other signifi-
cant issues; and
(B) establishing Department-wide policies
for the use of requests for information, requests
for comment, and draft requests for procurement
proposals, as mechanisms for improving acquisi-
tion effectiveness and increasing competition;
and
(11) work cooperatively with the Director of En-
vironmental Statistics, providing the technical and
other support necessary to fulfill the information sys-
tems and other information requirements identified
by the Director as needed to carry out the functions
of the Bureau of Environmental Statistics.
(e) DEFINITIONS.—Terms used in this section have the
meanings set forth in section 3502 of title 44, United States
Code, to the extent the terms are defined in that section.
(f) CONSTRUCTION.—This section may not be con-
strued as affecting or limiting in any way the functions
and authorities of the Director of the Bureau of Environ-
mental Statistics relating to—
(1) collecting, compiling, evaluating, analyzing,
reporting, preparing, and publishing data, statistics,
or other environmental and public health informa-
tion, or
(2) the making of grants or the conduct of any
related activities.
SEC. 110. PUBLIC ACCESS TO AND USE OF INFORMATION
RESOURCES.
(a) ENCOURAGING PUBLIC ACCESS AND USE.—
(1) POLICIES
AND
METHODS.—The Secretary
shall, in accordance with all provisions of law appli-
cable to the Department—
(A) identify and develop policies and meth-
ods for encouraging greater public access to, and
use of, departmental information collected,
stored, retained, or disseminated and available to
the public under such provisions of law; and
(B) make such public information available
in a variety of formats and through systems that
permit and encourage widespread use and anal-
ysis.
(2) BUREAU OF ENVIRONMENTAL STATISTICS.—
For the purpose of the application of this section to
the Bureau of Environmental Statistics, the Director
of Environmental Statistics shall have the responsibil-
ities of the Secretary.
(b) INVENTORY AND LOCATOR OF INFORMATION SERV-
ICES.—The Secretary shall, in accordance with all provi-
sions of law applicable to the Department, develop and
maintain a public access system providing a current, com-
prehensive, and detailed inventory of the Department’s pub-
lic information services, products, systems, and other hold-
ings. The system shall include the following:
(1) An inventory that lists each such service,
product, and system, and describes the type of infor-
mation available, the cost and other terms of public
access, and details about sources and methodology
used in preparation of the information. The inventory
shall—
(A) be updated regularly;
(B) be disseminated as widely as possible in
electronic and hard copy formats; and
(C) be printed at least annually.
(2) Provision of access to selected public infor-
mation holdings and databases. Such access shall—
(A) allow users to download information;
(B) include easy to use menus and other en-
hancements to improve use; and
(C) be accompanied by support and tech-
nical assistance to current and potential users.
(3) A means for the public and other agencies to
communicate with the Department about public infor-
mation available through the system and about im-
provements to the system.
(c) INTEGRATION AND AVAILABILITY OF SERVICES.—
In order to enhance public access and encourage use of pub-
lic information, improve the management of information
resources, and assist Departmental multimedia permitting
and enforcement initiatives, the Secretary shall, in accord-
ance with all laws applicable to the Department, develop
policies, programs, and methods for integrating and linking
public information pertaining to the environment, public
health, environmental justice, and other public policy con-
cerns within the jurisdiction of the Department.
(d) STRATEGIC PLAN AND REPORTS ON PUBLIC AC-
CESS TO AND USE OF INFORMATION.—
(1) STRATEGIC PLAN.—As part of the strategic
information resources management plan required
under section 109(d)(2), the Chief Information Officer
shall develop a strategic plan on the use of informa-
tion technology to provide for dissemination of, and
public access to, departmental information that is
available to the public in accordance with applicable
provisions of law, and to facilitate implementation of
subsections (b) and (c).
(2) CONTENTS OF PLAN.—The strategic plan re-
quired by paragraph (1), where appropriate, shall in-
clude—
(A) a description of current activities and
future initiatives to carry out requirements for
promoting public access to, and use of, publicly
available information under this section, includ-
ing a discussion of efforts to implement sub-
sections (b) and (c);
(B) an evaluation of the use of geographical
information systems and spatial display tech-
nologies in fulfilling the public dissemination ob-
jectives of this section;
(C) an evaluation of the role of emerging
computer technologies, including CD–ROM (com-
pact-disk—read only memory) and other suitable
machine readable storage alternatives, and on-
line transaction-based reporting, in fulfilling the
public dissemination objectives of this section;
(D) a plan for one or more pilot programs
to expand existing online information dissemina-
tion programs to include additional data bases;
(E) efforts for considering and implement-
ing an electronic data interchange;
(F) the role of the existing or planned enti-
ties, including depository libraries and the Na-
tional Research and Educational Network, in
aiding dissemination objectives of this section;
(G) a review of alternatives and possibili-
ties for conversion of print material to machine
readable formats;
(H) an evaluation of a system linked to the
inventory established under subsection (b), for
indexing, locating, and obtaining publicly avail-
able information about facilities and substances
regulated by the Department; and
(I) the personnel, funding, and length of
time needed to implement the plan.
(e) OBTAINING PUBLIC ADVICE AND GUIDANCE.—The
Secretary shall establish an ongoing balanced process for
obtaining public advice, guidance, and recommendations on
improving public access to, and use of, Departmental infor-
mation that is available to the public under applicable
provisions of law.
(f) USER FEES.—Fees for dissemination of Depart-
ment information products or services may be set at a level
sufficient to recover the cost of the dissemination, but no
higher.
SEC. 111. BUREAU OF ENVIRONMENTAL STATISTICS.
(a) ESTABLISHMENT.—There is established within the
Department the Bureau of Environmental Statistics (here-
inafter in this section referred to as the ‘‘Bureau’’). The
purpose of the Bureau is to provide in accordance with this
section such environmental quality and related public
health and economic information, and such evaluation and
analyses of such information, as may be appropriate, to
meet adequately and fully the needs of the Department in
carrying out its functions under applicable law, and the
Congress.
(b) DIRECTOR OF ENVIRONMENTAL STATISTICS.—
(1) IN GENERAL.—The Bureau shall be under the
direction of the Director of Environmental Statistics
(hereinafter in this section referred to as the ‘‘Direc-
tor’’), who shall report directly to the Secretary.
(2) APPOINTMENT, TERM, AND REMOVAL.—
(A) APPOINTMENT AND TERM.—The Direc-
tor shall—
(i) be appointed by the Secretary for a
term of 4 years; and
(ii) be selected from individuals who
are well qualified through experience or
training in the collection and analysis of
environmental statistics.
(B) 
SERVICE
AFTER
EXPIRATION
OF
TERM.—An individual may, at the request of the
Secretary, serve as Director after the expiration
of his or her term for not more than 3 months
until his or her successor has taken office.
(C) REMOVAL.—An individual may be re-
moved as Director by the Secretary only for mal-
feasance in office or neglect of duty.
(D) REAPPOINTMENT.—An individual serv-
ing as Director may be reappointed for addi-
tional terms.
(3) COMPENSATION.—The Director shall be com-
pensated at the rate provided for level V of the Execu-
tive Schedule under section 5316 of title 5, United
States Code.
(c) FUNCTIONS OF DIRECTOR.—
(1) IN GENERAL.—The functions of the Director
shall include—
(A) collecting, compiling, analyzing, and
publishing a comprehensive set of environmental
quality and related public health, economic, and
statistical data for determining environmental
quality and related measures of public health,