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 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
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
‘‘Department 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. 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 specifi-
cally 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 Pro-
tection 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 Assist-
ance Act (25 U.S.C. 450b(e)).
(3) STATE.—The term ‘‘State’’ means a State,
the District of Columbia, the Commonwealth of
Puerto 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 in-
directly, any law which on the day before the date of the
enactment of this Act referred to and provided authorities
or responsibilities for, or was administered by, the Envi-
ronmental Protection Agency or the Administrator of the
Environmental Protection Agency, including 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 Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980, the Superfund Amendments and Reauthorization
Act of 1986, the Ocean Dumping Act, the Environmental
Research, Development, and Demonstration Authorization
Act, the Pollution Prosecution Act of 1990, and the Fed-
eral Facilities Compliance Act of 1992, or any statute con-
taining amendment to any of such Acts. The provisions
of section 112 (relating to environmental justice) shall not
be construed to alter, affect, amend, or change such Acts,
and to the extent that the authorities provided under such
provisions are made applicable by the Secretary to pro-
grams, standards, or regulations under such Acts, the Sec-
retary shall ensure that such provisions do not alter, af-
fect, amend, modify, or change the objectives, require-
ments, 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
Environmental Protection, and shall be an executive
department in the executive branch of the Govern-
ment.
(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 Sec-
retary appointed under subsection (d); and
(B) such other officers as the Secretary
may determine to be necessary, who may in-
clude an Executive Secretary appointed by the
Secretary.
(c) TRANSFER OF FUNCTION, POWERS, AND DU-
TIES.—
(1) IN GENERAL.—The functions, powers, and
duties of each officer and employee of the Environ-
mental Protection Agency are transferred to, and
vested in, the corresponding officer or employee of
the Department.
(2) CONSTRUCTION.—This subsection may not
be construed to prohibit the delegation or redelega-
tion by the Secretary of functions, powers, or duties
transferred by paragraph (1).
(d) DEPUTY SECRETARY.—
(1) IN GENERAL.—There shall be in the De-
partment a Deputy Secretary of the Environment,
who shall be appointed by the President, by and
with the advice and consent of the Senate.
(2) FUNCTIONS.—The Deputy Secretary shall
perform such functions as the Secretary shall pre-
scribe, and shall act as the Secretary during the ab-
sence or disability of the Secretary or in the event
of a vacancy in the position of the Secretary.
(e) DELEGATION OF AUTHORITY.—
(1) IN GENERAL.—Except as provided in this
Act or other laws administered by the Department,
the Secretary may, consistent with other applicable
laws—
(A) delegate any functions, powers, or du-
ties, including with respect to the making of
regulations, to such officers and employees of
the Department as the Secretary may des-
ignate; and
(B) authorize such successive redelegations
of such functions within the Department as the
Secretary considers to be necessary or appro-
priate.
(2) CONSIDERATIONS.—In acting under this
subsection or subsection (c) to delegate or authorize
the redelegation of functions, the Secretary shall
take into consideration the need to ensure that regu-
lations, 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 Sec-
retary prescribes.
(b) FUNCTIONS.—
(1) IN GENERAL.—The Secretary shall assign
to the Assistant Secretaries of the Department such
functions as the Secretary considers appropriate, in-
cluding, 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 fi-
nancial 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;
(T) hazardous waste cleanup;
(U) emergency response;
(V) congressional affairs and public af-
fairs;
(W) intergovernmental affairs;
(X) Indian affairs, including Indian tribes;
(Y) international affairs; and
(Z) noise pollution control and abatement.
(2) 
NOTIFICATION
REGARDING
MODIFICA-
TIONS.—The Secretary may not modify the respon-
sibilities of any Assistant Secretary without prior
written notification, with explanation, of such modi-
fication to the appropriate committees of the Senate
and the House of Representatives.
(c) DESIGNATION OF FUNCTIONS PRIOR TO CON-
FIRMATION.—Whenever the President submits the name
of an individual to the Senate for confirmation as an As-
sistant Secretary under this section, the President shall
state the particular functions of the Department (as as-
signed by the Secretary under subsection (b)) such individ-
ual will exercise upon taking office.
SEC. 103. DEPUTY ASSISTANT SECRETARIES.
(a) ESTABLISHMENT OF POSITIONS.—There is au-
thorized in the Department such number of Deputy As-
sistant Secretaries as the Secretary determines is appro-
priate, 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 Sec-
retary shall prescribe.
SEC. 104. OFFICE OF THE GENERAL COUNSEL.
(a) OFFICE.—There shall be in the Department the
Office 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 redesig-
nated as the Office of Inspector General of the Depart-
ment 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 Of-
fices may not exceed 10.
(2) ALTERATION, CONSOLIDATION, AND RELO-
CATION.—The Secretary may alter, consolidate, or
relocate any Regional Office taking into consider-
ation 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
Regional Office.
(2) APPOINTMENT.—Each Regional Adminis-
trator shall be appointed by, and serve at the pleas-
ure of, the Secretary.
(3) FUNCTIONS.—Each Regional Administrator
shall implement, execute, and enforce the national
program priorities and policies established, in ac-
cordance with this Act and other laws applicable to
the Department, by the Secretary, or by the Deputy
Secretary or an Assistant Secretary pursuant to a
delegation from the Secretary.
(c) INFORMATION REGARDING REGIONAL OFFICE
PERFORMANCE.—The Secretary shall periodically assess
the performance of each Regional Office in meeting the
program and enforcement priorities established or dele-
gated by the Secretary, and inform the appropriate com-
mittees of the Congress about that performance. The first
such assessment shall be completed within 2 years after
the date of the enactment of this Act.
SEC. 107. CONTINUING PERFORMANCE OF FUNCTIONS.
(a) REDESIGNATION OF POSITIONS.—
(1) ADMINISTRATOR.—The Administrator of
the Environmental Protection Agency is redesig-
nated as the Secretary of the Environment.
(2) DEPUTY
ADMINISTRATOR.—The Deputy
Administrator of the Environmental Protection
Agency is redesignated as the Deputy Secretary of
the Environment.
(3) ASSISTANT
ADMINISTRATORS.—Each As-
sistant Administrator of the Environmental Protec-
tion Agency is redesignated as an Assistant Sec-
retary of the Department.
(4) GENERAL COUNSEL.—The General Counsel
of the Environmental Protection Agency is redesig-
nated as the General Counsel of the Department.
(5) INSPECTOR GENERAL.—The Inspector Gen-
eral of the Environmental Protection Agency is re-
designated as the Inspector General of the Depart-
ment.
(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 with-
out renomination by the President or reconfirmation by
the Senate.
SEC. 108. STRATEGIC MANAGEMENT, PLANNING, PERFORM-
ANCE MEASUREMENT, AND REPORTING TO
CONGRESS.
(a) RESPONSIBILITIES
OF
THE SECRETARY.—The
Secretary 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.
(b) 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 sec-
tion 1105 of title 31, United States Code, the Secretary
shall report to the Congress on the extent to which the
strategic business plan required by subsection (a) has been
implemented, especially with regard to the specific per-
formance measures established under subsection (a)(2).
SEC. 109. INFORMATION RESOURCES MANAGEMENT.
(a) RESPONSIBILITIES
OF
THE SECRETARY.—The
Secretary, consistent with section 111 and other provi-
sions of law, shall—
(1) manage information resources and informa-
tion technology so as to ensure—
(A) maximum net benefits from the appli-
cation 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, proc-
ess, and evaluate major automated information sys-
tems 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
includes life-cycle cost estimates for automated
information 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 in-
tegration of information.
(b) 
INFORMATION
RESOURCES
MANAGEMENT
STEERING COMMITTEE.—
(1) ESTABLISHMENT.—The Secretary shall es-
tablish a permanent information resources manage-
ment 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
responsibilities of the Secretary under sub-
section (a);
(B) present Department-wide information
resources management issues to the depart-
mental senior management committee estab-
lished under section 108(a)(3) for resolution;
(C) establish specific performance meas-
ures for information resources management
that relate 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 cy-
cles; and
(E) evaluate and make recommendations
to the Secretary with regard to significant in-
organizational performance through the use of
information technology; and
(B) demonstrated technical competence
and ability to work effectively with senior pro-
gram 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 re-
sources management policies, architectures, and
standards;
(B) includes information plans that set
forth what information systems and programs
will support the various programmatic and
management information requirements of the
Department;
(C) includes the development of annual op-
erating plans, coordinated with departmental
budgets, setting forth resource allocations for
specific 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 infor-
mation products and services that support key pro-
gram responsibilities;
(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
responsibilities;
(9) develop requirements and mechanisms for
comprehensive information resources management
training and professional development of Depart-
ment 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 procure-
ment proposals, as mechanisms for improving
acquisition effectiveness and increasing competi-
tion; and
(11) work cooperatively with the Director of
Environmental Statistics, providing the technical
and other support necessary to fulfill the informa-
tion systems 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, departmenal 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
analysis.
(2) BUREAU
OF
ENVIRONMENTAL
STATIS-
TICS.—For the purpose of the application of this
section to the Bureau of Environmental Statistics,
the Director of Environmental Statistics shall have
the responsibilities of the Secretary.
(b) INVENTORY
AND LOCATOR
OF INFORMATION
SERVICES.—The Secretary shall, in accordance with all
laws applicable to the Department, develop and maintain
a public access system providing a current, comprehensive,
and detailed inventory of the Department’s public infor-
mation services, products, systems, and other holdings.
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 inven-
tory 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
enhancements 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
information available through the system and about
improvements to the system.
(c) INTEGRATION
AND
AVAILABILITY
OF
SERV-
ICES.—In order to enhance public access and encourage
use of public information, improve the management of in-
formation resources, and assist Departmental multimedia
permitting and enforcement initiatives, the Secretary
shall, in accordance with all laws applicable to the Depart-
ment, develop policies, programs, and methods for inte-
grating and linking public information pertaining to the
environment, public health, environmental justice, and
other public policy concerns 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 Offi-
cer shall develop a strategic plan on the use of infor-
mation technology to provide for dissemination of,
and public access to, departmental information that
is available to the public in accordance with applica-
ble provisions of law, and to facilitate implementa-
tion of subsections (b) and (c).
(2) CONTENTS OF PLAN.—The strategic plan
required by paragraph (1), where appropriate, shall
include—
(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 geographi-
cal information systems and spatial display
technologies in fulfilling the public dissemina-
tion objectives of this section;
(C) an evaluation of the role of emerging
computer technologies, including CD–ROM
(compact-disk—read only memory) and other
suitable machine readable storage alternatives,
and online transaction-based reporting, in ful-
filling the public dissemination objectives of this
section;
(D) a plan for one or more pilot programs
to expand existing online information dissemi-
nation 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 recommenda-
tions on improving public access to, and use of, Depart-
mental information 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
(hereinafter 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 evalua-
tion and analyses of such information, as may be appro-
priate, to meet adequately and fully the needs of the De-
partment 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 Sta-
tistics (hereinafter in this section referred to as the
‘‘Director’’), who shall report directly to the Sec-
retary.
(2) APPOINTMENT, TERM, AND REMOVAL.—
(A) APPOINTMENT AND TERM.—The Di-
rector 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 expi-
ration of his or her term for not more than 3
months until his or her successor has taken of-
fice.
(C) REMOVAL.—An individual may be re-
moved as Director by the Secretary only for
malfeasance in office or neglect of duty.
(D) 
REAPPOINTMENT.—An 
individual
serving as Director may be reappointed for ad-
ditional terms.
(3) COMPENSATION.—The Director shall be
compensated at the rate provided for level V of the
Executive Schedule under section 5316 of title 5,
United States Code.
(c) FUNCTIONS OF DIRECTOR.—
(1) IN GENERAL.—The functions of the Direc-
tor shall include—
(A) collecting, compiling, analyzing, and
publishing a comprehensive set of environ-
mental quality and related public health, eco-
nomic, and statistical data for determining envi-
ronmental quality and related measures of pub-
lic health, over both the short- and long-term,
including assessing—
(i) ambient conditions and trends; and
(ii) the distribution of environmental
conditions and related public health condi-
tions across all affected populations, in-
cluding those populations identifiable on
the basis of income, race, ethnicity, or na-
tional origin;
(B) evaluating the adequacy of available
statistical measures to determine the Depart-
ment’s success in fulfilling statutory require-
ments;
(C) ensuring that data and measures re-
ferred to in this subsection are accurate, reli-
able, relevant, and in a form that permits sys-
tematic analysis;
(D) collecting and analyzing such other
data as may be required by the Director to—
(i) efficiently and effectively fulfill the
Director’s responsibilities, or
(ii) identify new environmental prob-
lems;
(E) conducting specialized analyses and
preparing special reports on particular subjects
whenever required to do so by the President, by
law, or by the Secretary, or when considered
appropriate by the Director; and
(F) making readily accessible or, to the ex-
tent practicable, disseminating all publicly avail-
able data collected under subparagraph (A) or
(B), in a timely manner and using dissemina-
tion methods that will maximize the utility of
such publicly available information to the pub-
lic.
(2) TECHNICAL
CAPABILITIES
TO
PERFORM
ANALYSES.—The Director shall establish and main-
tain the scientific, engineering, statistical, and other
technical capability to perform analysis of environ-
mental quality and related public health and eco-
nomic data, to—
(A) verify the accuracy of items of environ-
mental quality and related public health and
economic data submitted to the Director; and
(B) ensure the coordination and com-
parability of that data.
(d) POWERS OF DIRECTOR.—
(1) IN GENERAL.—The Director is authorized
on a nonexclusive basis, to exercise and enforce any
authority vested in the Secretary by law that relates
to the collection, gathering, reporting, evaluating,
analysis, or dissemination of environmental quality
data and related measures of public health in order
to carry out fully the functions of the Director.
(2) ACTIONS
NOT
SUBJECT
TO
APPROVAL.—
The Director shall not be required to—
(A) obtain the approval of any other officer
or employee of the Department in connection
with the collection, compilation, evaluation,
analysis, or dissemination of any information;
or
(B) obtain, prior to publication, the ap-
proval of any other officer or employee of the
United States with respect to the substance of
any reports prepared in accordance with law.
(3) PROVIDING
ASSISTANCE.—The Director
may, upon request, provide technical assistance to
offices of the Department and to other Federal
agencies for the purpose of assuring the technical
quality and the coordination of statistical activities
of the Department. Such assistance may include re-
viewing data collection plans, survey designs, and
pretests, management of data, and quality of data.
The Director shall, upon request, promptly provide
any information or analysis in the possession of the
Bureau to any office within the Department which
such office determines relates to the functions of
such office.