I
103D CONGRESS
1ST SESSION
H. R. 109
To establish the Department of the Environment, provide for a Bureau
of Environmental Statistics and a Presidential Commission on Improving
Environmental Protection, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. BOEHLERT (for himself, Mr. HOCHBRUECKNER, Mr. SHAYS, and Mr.
MACHTLEY) introduced the following bill; which was referred jointly to
the Committees on Government Operations and Foreign Affairs
JUNE 2, 1993
Additional sponsors: Mr. GILLMOR, Mr. WELDON, Mr. NEAL of North Caro-
lina, Mr. ACKERMAN, Mr. RAMSTAD, Mrs. MEYERS of Kansas, Mr.
WALSH, Mr. GOSS, Mr. LANCASTER, Mr. LEWIS of Florida, Mr. GILMAN,
Ms. FURSE, Ms. NORTON, Mrs. MORELLA, Mr. PALLONE, Mr. OLVER,
Mr. SANGMEISTER, Mr. RAVENEL, Mr. LAFALCE, Mr. DELLUMS, Mr.
KANJORSKI, Mr. PAYNE of New Jersey, Mr. HINCHEY, Ms. SNOWE, Ms.
MOLINARI, Mr. FINGERHUT, Mr. SANDERS, Mrs. MALONEY, Ms. WOOL-
SEY, Mr. BRYANT, Mr. BACCHUS of Florida, Mr. KLECZKA, Ms. SLAUGH-
TER, Mr. BLACKWELL, Mr. VALENTINE, Mr. HUGHES, Ms. BYRNE, Mr.
FROST, Mr. LAZIO, Mr. TORRICELLI, Mr. COLEMAN, Mr. GEJDENSON,
Mr. EVANS, Mr. FISH, Mr. KLUG, Mr. WISE, Mr. HAMBURG, Mr. WYNN,
Mr. RANGEL, Mr. SAXTON, and Mr. ANDREWS of Maine
A BILL
To establish the Department of the Environment, provide
for a Bureau of Environmental Statistics and a Presi-
dential Commission on Improving Environmental Protec-
tion, 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 AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Department of the Environment Act of 1993’’.
(b) TABLE OF CONTENTS.—The contents of this Act
are as follows:
Sec. 1. Short title and table of contents.
TITLE I—ELEVATION OF THE ENVIRONMENTAL PROTECTION
AGENCY TO CABINET LEVEL
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Establishment of the Department of the Environment.
Sec. 104. Assistant Secretaries.
Sec. 105. Deputy Assistant Secretaries.
Sec. 106. Office of the General Counsel.
Sec. 107. Office of the Inspector General.
Sec. 108. Bureau of Environmental Statistics.
Sec. 109. Grant and contract authority for certain activities.
Sec. 110. Study of data needs.
Sec. 111. Miscellaneous employment restrictions.
Sec. 112. Administrative provisions.
Sec. 113. Inherently governmental functions.
Sec. 114. References.
Sec. 115. Savings provisions.
Sec. 116. Conforming amendments.
Sec. 117. Additional conforming amendments.
TITLE II—ENVIRONMENTAL ROLE OF THE UNITED STATES IN
INTERNATIONAL ORGANIZATIONS TO WHICH IT BELONGS
Sec. 201. International energy conference.
Sec. 202. International greenhouse gas monitoring program.
TITLE III—ESTABLISHMENT OF THE COMMISSION ON IMPROVING
ENVIRONMENTAL PROTECTION
Sec. 301. Establishment; membership.
Sec. 302. Commission responsibilities.
Sec. 303. Report to the President and Congress.
Sec. 304. Commission staff.
Sec. 305. Advisory groups.
Sec. 306. Funding; authorization of appropriations.
TITLE IV—EFFECTIVE DATE
Sec. 401. Effective date.
TITLE I—ELEVATION OF THE EN-
VIRONMENTAL 
PROTECTION
AGENCY TO CABINET LEVEL
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Department of the
Environment Act’’.
SEC. 102. FINDINGS.
The Congress finds that—
(1) recent concern with Federal environmental
policy has highlighted the necessity of assigning to
protection of the domestic and international environ-
ment a priority which is at least equal to that as-
signed to other functions of the Federal Govern-
ment;
(2) protection of the environment increasingly
involves negotiations with foreign states, including
the most highly industrialized states all of whose top
environmental officials have ministerial status;
(3) the size of the budget and the number of
Federal civil servants devoted to tasks associated
with environmental protection at the Environmental
Protection Agency is commensurate with depart-
mental status; and
(4) a cabinet-level Department of the Environ-
ment should be established.
SEC. 103. ESTABLISHMENT OF THE DEPARTMENT OF THE
ENVIRONMENT.
(a) REDESIGNATION.—The Environmental Protec-
tion Agency is hereby redesignated as the Department of
the Environment (hereafter in this title referred to as the
‘‘Department’’) and shall be an executive department in
the executive branch of the Government. The official acro-
nym of the Department shall be the ‘‘U.S.D.E.’’.
(b) SECRETARY OF THE ENVIRONMENT.—(1) There
shall be at the head of the Department a Secretary of the
Environment (hereafter in this title referred to as the
‘‘Secretary’’) who shall be appointed by the President, by
and with the advice and consent of the Senate. The De-
partment shall be administered under the supervision and
direction of the Secretary.
(2) The Secretary may not assign duties for or dele-
gate authority for the supervision of the Assistant Sec-
retaries, the General Counsel, the Director of Environ-
mental Statistics, or the Inspector General of the Depart-
ment to any officer of the Department other than the Dep-
uty Secretary.
(3) Except as described under paragraph (2) of this
section and section 104(b)(2), and notwithstanding any
other provision of law, the Secretary may delegate any
functions including the making of regulations to such offi-
cers and employees of the Department as the Secretary
may designate, and may authorize such successive
redelegations of such functions within the Department as
determined to be necessary or appropriate.
(c) DEPUTY SECRETARY.—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. The Deputy Secretary shall
perform such responsibilities as the Secretary shall pre-
scribe and shall act as the Secretary during the absence
or disability of the Secretary or in the event of a vacancy
in the Office of Secretary.
(d) OFFICE OF THE SECRETARY.—The Office of the
Secretary shall consist of a Secretary and a Deputy Sec-
retary and may include an Executive Secretary and such
other executive officers as the Secretary may determine
necessary.
(e) REGIONAL OFFICES.—The Secretary is author-
ized to establish, alter, discontinue, or maintain such re-
gional or other field offices as the Secretary may deter-
mine necessary to carry out the functions vested in the
Secretary or other officials of the Department.
(f) INTERNATIONAL RESPONSIBILITIES OF THE SEC-
RETARY.—(1) In addition to exercising other international
responsibilities under existing provisions of law, the Sec-
retary is—
paragraph shall not affect any authority provided for
by any other provision of law authorizing the Sec-
retary of the Environment to require any such ac-
tions;
(2) modifies any Federal law that is adminis-
tered by any executive department or agency; or
(3) transfers to the Department of the Environ-
ment any authority exercised by any other Federal
executive department or agency prior to the date of
the enactment of this Act, except the authority exer-
cised by the Environmental Protection Agency.
(h) APPLICATION TO THE DEPARTMENT OF THE EN-
VIRONMENT.—The provisions of this Act apply only to ac-
tivities of the Department of the Environment, except
where expressly provided otherwise.
SEC. 104. 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 shall be appointed by the President, by and with
the advice and consent of the Senate.
(b) RESPONSIBILITIES
OF ASSISTANT SECRETAR-
IES.—(1) The Secretary shall assign to Assistant Sec-
retaries such responsibilities as the Secretary considers
appropriate, including, but not limited to—
(A) enforcement and compliance monitoring;
(B) research and development;
(C) air and radiation;
(D) water;
(E) pesticides and toxic substances;
(F) solid waste;
(G) hazardous waste;
(H) hazardous waste cleanup;
(I) emergency response;
(J) international affairs;
(K) policy, planning, and evaluation;
(L) pollution prevention;
(M) congressional, intergovernmental, and pub-
lic affairs; and
(N) administration and resources management,
including financial and budget management, infor-
mation resources management, procurement and as-
sistance management, and personnel and labor rela-
tions.
(2) The Secretary may assign and modify any respon-
sibilities at his discretion under paragraph (1), except that
the Secretary may not modify the responsibilities of any
Assistant Secretary without substantial prior written noti-
fication of such modification to the appropriate commit-
tees of the Senate and the House of Representatives.
(c) DESIGNATION OF RESPONSIBILITIES PRIOR TO
CONFIRMATION.—Whenever the President submits the
name of an individual to the Senate for confirmation as
Assistant Secretary under this section, the President shall
state the particular responsibilities of the Department
such individual shall exercise upon taking office.
(d) CONTINUING PERFORMANCE OF FUNCTIONS.—
On the effective date of this Act, the Administrator and
Deputy Administrator of the Environmental Protection
Agency shall be redesignated as the Secretary and Deputy
Secretary of the Department of the Environment, Assist-
ant Administrators of the Agency shall be redesignated as
Assistant Secretaries of the Department, and the General
Counsel and the Inspector General of the Agency shall be
redesignated as the General Counsel and the Inspector
General of the Department, without renomination or re-
confirmation.
(e) CHIEF INFORMATION RESOURCES OFFICER.—(1)
The Secretary shall designate the Assistant Secretary
whose responsibilities include information resource man-
agement functions as required by section 3506 of title 44,
United States Code, as the Chief Information Resources
Officer of the Department.
(2) The Chief Information Resources Officer shall—
(A) advise the Secretary on information re-
source management activities of the Department as
required by section 3506 of title 44, United States
Code;
(B) develop and maintain an information re-
sources management system for the Department
which provides for—
(i) the conduct of and accountability for
any acquisitions made pursuant to a delegation
of authority under section 111 of the Federal
Property and Administrative Services Act of
1949 (40 U.S.C. 759);
(ii) the implementation of all applicable
government-wide and Department information
policies, principles, standards, and guidelines
with respect to information collection, paper-
work reduction, privacy and security of records,
sharing and dissemination of information, ac-
quisition and use of information technology,
and other information resource management
functions;
(iii) the periodic evaluation of and, as
needed, the planning and implementation of im-
provements in the accuracy, completeness, and
reliability of data and records contained with
Department information systems; and
(iv) the development and annual revision of
a 5-year plan for meeting the Department’s in-
formation technology needs; and
(C) report to the Secretary as required under
section 3506 of title 44, United States Code.
SEC. 105. DEPUTY ASSISTANT SECRETARIES.
(a) ESTABLISHMENT OF POSITIONS.—There shall be
in the Department such number of Deputy Assistant Sec-
retaries as the Secretary may determine.
(b) APPOINTMENTS.—Each Deputy Assistant Sec-
retary—
(1) shall be appointed by the Secretary; and
(2) shall perform such functions as the Sec-
retary shall prescribe.
(c) FUNCTIONS.—Functions assigned to an Assistant
Secretary under section 104(b) may be performed by one
or more Deputy Assistant Secretaries appointed to assist
such Assistant Secretary.
SEC. 106. OFFICE OF THE GENERAL COUNSEL.
There shall be in the Department the Office of the
General Counsel. There shall be at the head of such office
a General Counsel who shall be appointed by the Presi-
dent, by and with advice and consent of the Senate. The
General Counsel shall be the chief legal officer of the De-
partment and shall provide legal assistance to the Sec-
retary concerning the programs and policies of the Depart-
ment.
SEC. 107. OFFICE OF THE INSPECTOR GENERAL.
The Office of Inspector General of the Environmental
Protection Agency, established in accordance with the In-
spector General Act of 1978, is hereby redesignated as the
Office of Inspector General of the Department of the En-
vironment.
SEC. 108. BUREAU OF ENVIRONMENTAL STATISTICS.
(a) ESTABLISHMENT.—(1) There is established with-
in the Department a Bureau of Environmental Statistics
(hereafter in this title referred to as the ‘‘Bureau’’). The
Bureau shall be responsible for—
(A) compiling, analyzing, and publishing a com-
prehensive set of environmental quality statistics
which should provide timely summary in the form of
industrywide aggregates, multiyear averages, or to-
tals or some similar form and include information
on—
(i) the nature, source, and amount of pol-
lutants in the environment; and
(ii) the effects on the public and the envi-
ronment of those pollutants;
(B) promulgating guidelines for the collection of
information by the Department required for the sta-
tistics under this paragraph to assure that the infor-
mation is accurate, reliable, relevant, and in a form
that permits systematic analysis;
(C) coordinating the collection of information
by the Department for developing such statistics
with related information-gathering activities con-
ducted by other Federal agencies;
(D) making readily accessible the statistics pub-
lished under this paragraph; and
(E) identifying missing information of the kind
described under subparagraph (A) (i) and (ii), re-
viewing these information needs at least annually
with the Science Advisory Board, and making rec-
ommendations to the appropriate Department of En-
vironment research officials concerning extramural
and intramural research programs to provide such
information.
(2) Nothing in the provisions of paragraph (1) shall
authorize the Bureau to require the collection of any data
by any other department, State, or local government, or
to establish observation or monitoring programs.
(3) Information compiled by the Bureau which has
been submitted for purposes of statistical reporting re-
quirements of this law shall not be disclosed publicly in
a manner that would reveal the identity of the submitter,
including submissions by Federal, State, or local govern-
ments, or reveal the identity of any individual consistent
with the provisions of section 552a of title 5, United
States Code (popularly known as the Privacy Act of
1974). This paragraph shall not affect the availability of
data provided to the Department under any other provi-
sion of law administered by the Department. The con-
fidentiality provisions of other statutes authorizing the col-
lection of environmental statistics shall also apply, includ-
ing but not limited to section 14 of the Toxic Substances
Control Act (15 U.S.C. 2613), section 2(h) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136h), section 114(c) of the Clean Air Act (42 U.S.C.
741(c)), and section 1905 of title 18, United States Code.
(b) DIRECTOR OF ENVIRONMENTAL STATISTICS.—
The Bureau shall be under the direction of a Director of
Environmental Statistics (hereafter in this section re-
ferred to as the ‘‘Director’’) who shall be appointed by
the President, by and with the advice and consent of the
Senate. The term of the Director shall be 4 years. The
Director shall be a qualified individual with experience in
the compilation and analysis of environmental statistics.
The Director shall report directly to the Secretary. The
Director shall be compensated at the rate provided for at
level V of the Executive Schedule under section 5316 of
title 5, United States Code.
(c) ENVIRONMENTAL
STATISTICS
ANNUAL
RE-
PORT.—On January 1, 1992, and each January 1 there-
after, the Director shall submit to the President an Envi-
ronmental Statistics Annual Report. The report shall in-
clude, but not be limited to—
(1) statistics on environmental quality includ-
ing—
(A) the environmental quality of the Na-
tion with respect to all aspects of the environ-
ment, including, but not limited to, the air,
aquatic ecosystems, including marine, estuarine,
and fresh water, and the terrestrial ecosystems,
including, but not limited to, the forest, dry-
land, wetland, range, urban, suburban, and
rural environment; and
(B) changes in the natural environment,
including the plant and animal systems, and
other information for a continuing analysis of
these changes or trends and an interpretation
of their underlying causes;
(2) statistics on the effects of changes in envi-
ronmental quality on human health and nonhuman
species and ecosystems;
(3) documentation of the method used to obtain
and assure the quality of the statistics presented in
the report;
(4) economic information on the current and
projected costs and benefits of environmental protec-
tion; and
(5) recommendations on improving environ-
mental statistical information.
(d) CONTINUING PERFORMANCE OF THE FUNCTIONS
OF THE DIRECTOR PENDING CONFIRMATION.—An indi-
vidual who, on the effective date of this Act, is performing
any of the functions required by this section to be per-
formed by the Director may continue to perform such
functions until such functions are assigned to an individ-
ual appointed as the Director under this Act.
(e) ADVISORY COUNCIL ON ENVIRONMENTAL STA-
TISTICS.—The Director shall appoint an Advisory Council
on Environmental Statistics, comprised of no more than
6 private citizens who have expertise in environmental sta-
tistics and analysis (except that at least one of such ap-
pointees should have expertise in economics) to advise the
Director on environmental statistics and analyses, includ-
ing whether the statistics and analyses disseminated by
the Bureau are of high quality and are based upon the
best available objective information. The Council shall be
subject to the provisions of the Federal Advisory Commit-
tee Act.
(f) BUREAU AUTHORIZATION OF APPROPRIATIONS.—
There are authorized to be appropriated $2,800,000 in fis-
cal year 1992, $5,400,000 in fiscal year 1993, and such
sums as necessary in each fiscal year thereafter to carry
out the provisions of this section.
SEC. 109. GRANT AND CONTRACT AUTHORITY FOR CER-
TAIN ACTIVITIES.
The Secretary may make grants to and enter into
contracts with State and local governments to assist them
in meeting the costs of collecting specific data and other
short-term activities that are related to the responsibilities
and functions under section 108(a)(1) (A), (B), (C), and
(D).
SEC. 110. STUDY OF DATA NEEDS.
(a) STUDY OF DATA NEEDS.—(1) No later than 1
year after the start of Bureau operations, the Secretary,
in consultation with the Director of the Bureau and the
Assistant Secretary designated as Chief Information Re-
sources Officer, shall enter into an agreement with the Na-
tional Academy of Sciences for a study, evaluation, and
report on the adequacy of the data collection procedures
and capabilities of the Department. No later than 18
months following the entering of such an agreement, the
National Academy of Sciences shall report its findings to
the Secretary and the Congress. The report shall include
an evaluation of the Department’s data collection re-
sources, needs, and requirements, and shall include an as-
sessment and evaluation of the following systems, capabili-
ties, and procedures established by the Department to
meet those needs and requirements:
(A) Data collection procedures and capabilities.
(B) Data analysis procedures and capabilities.
(C) The ability of data bases to integrate with
one another.
(D) Computer hardware and software capabili-
ties.
(E) Management information systems, includ-
ing the ability of management information systems
to integrate with another.
(F) Department personnel.
(G) The Department’s budgetary needs and re-
sources for data collection, including an assessment
of the adequacy of the budgetary resources provided
to the Department and budgetary resources used by
the Department for data collection needs and pur-
poses.
(2) The report shall include recommendations for im-
proving the Department’s data collection systems, capa-
bilities, procedures, data collection, and analytical hard-
ware and software, and for improving its management in-
formation systems.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as necessary
to carry out the provisions of this section.
SEC. 111. MISCELLANEOUS EMPLOYMENT RESTRICTIONS.
(a) PROHIBITED EMPLOYMENT AND ADVANCEMENT
CONSIDERATIONS.—Except as otherwise provided in this
Act, political affiliation or political qualification may not
be taken into account in connection with the appointment
of any person to any position in the career civil service
or in the assignment or advancement of any career civil
servant in the Department.
(b) REPORTS ON IMPLEMENTATION.—One year after
the date of the enactment of this title and again 3 years
after the date of the enactment of this title, the Secretary
shall report to the Senate Committees on Appropriations,
Governmental Affairs, and Environment and Public
Works and to the House of Representatives on the esti-
mated additional cost of implementing this title over the
cost as if this title had not been implemented, including
a justification of increased staffing not required in the exe-
cution of this title.
SEC. 112. ADMINISTRATIVE PROVISIONS.
(a) ACCEPTANCE OF MONEY AND PROPERTY.—(1)
The Secretary may accept and retain money, uncompen-
sated services, and other real and personal property or
rights (whether by gift, bequest, devise, or otherwise) for
the purpose of carrying out the Department’s programs
and activities, except that the Secretary shall not endorse
any company, product, organization, or service. Gifts, be-
quests, and devises of money and proceeds from sales of
other property received as gifts, bequests, or devises shall
be credited in a separate fund in the Treasury of the Unit-
ed States and shall be available for disbursement upon the
order of the Secretary.
(2) The Secretary shall prescribe regulations and
guidelines setting forth the criteria the Department shall
use in determining whether to accept a gift, bequest, or
devise. Such criteria shall take into consideration whether
the acceptance of the property would reflect unfavorably
upon the Department’s or any employee’s ability to carry
out its responsibilities or official duties in a fair and objec-
tive manner, or would compromise the integrity of or the
appearance of the integrity of a Government program or
any official involved in that program.
(b) SEAL OF THE DEPARTMENT.—(1) On the effec-
tive date of this Act, the seal of the Environmental Protec-
tion Agency with appropriate changes shall be the seal of
the Department of the Environment, until such time as
the Secretary may cause a seal of office to be made for
the Department of the Environment of such design as the
Secretary shall approve.
(2)(A) Chapter 33 of title 18, United States Code,
is amended by adding at the end thereof the following new
section:
‘‘§ 716. Department of the Environment seal
‘‘(a) Whoever knowingly displays any printed or other
likeness of the official seal of the Department of the Envi-
ronment, or any facsimile thereof, in, or in connection
with, any advertisement, poster, circular, book, pamphlet,
or other publication, public meeting, play, motion picture,
telecast, or other production, or on any building, monu-
ment, or stationery, for the purpose of conveying, or in
a manner reasonably calculated to convey, a false impres-
sion of sponsorship or approval by the Government of the
United States or by any department, agency, or instru-
mentality thereof, shall be fined not more than $250 or
imprisoned not more than 6 months, or both.
‘‘(b) Whoever, except as authorized under regulations
promulgated by the Secretary of the Environment and
published in the Federal Register, knowingly manufac-
tures, reproduces, sells, or purchases for resale, either sep-
arately or appended to any article manufactured or sold,
any likeness of the official seal of the Department of the
Environment, or any substantial part thereof, except for
manufacture or sale of the article for the official use of
the Government of the United States, shall be fined not
more than $250 or imprisoned not more than 6 months,
or both.
‘‘(c) A violation of subsection (a) or (b) may be en-
joined at the suit of the Attorney General of the United
States upon complaint by any authorized representative
of the Secretary of the Department of the Environment.’’.
(B) The table of sections for chapter 33 of title 18,
United States Code, is amended by adding at the end
thereof the following:
‘‘716. Department of the Environment seal.’’.
(c) ACQUISITION OF COPYRIGHTS AND PATENTS.—
The Secretary is authorized to acquire any of the following
described rights if the property acquired thereby is for use
by or for, or useful to, the Department:
(1) Copyrights, patents, and applications for
patents, designs, processes, and manufacturing data.
(2) Licenses under copyrights, patents, and ap-
plications for patents.
(3) Releases, before suit is brought, for past in-
fringement of patents or copyrights.
(d) ADVISORY COMMITTEE STANDARDS OF CONDUCT
AND COMPENSATION.—The Secretary may promulgate
regulations no less stringent than any other applicable
provision of law, regarding standards of conduct for mem-
bers of advisory committees (and consultants to advisory
committees), including requirements regarding conflicts of
interest or disclosure of past and present financial and em-
ployment interests. The Secretary is authorized to pay
members of advisory committees and others who perform
services as authorized under section 3109 of title 5,
United States Code, at rates for individuals not to exceed
the per diem rate equivalent to the rate for level V of the
Executive Schedule under section 5316 of title 5, United
States Code.
SEC. 113. INHERENTLY GOVERNMENTAL FUNCTIONS.
(a) GOVERNMENT OFFICERS AND EMPLOYEES.—In-
herently governmental functions of the Department shall
be performed only by officers and employees of the United
States. For purposes of this section, ‘‘inherently govern-
mental function’’ means any activity which is so intimately
related to the public interest as to mandate performance
by Government officers and employees, and includes those
activities which require either the exercise of discretion in
applying Government authority or the use of value of judg-
ment in making decisions for the Government, including
but not be limited to work of a policy, decisionmaking,
or managerial nature which is the direct responsibility of
Department officials.
(b) CONFLICTS OF INTEREST.—(1) The Secretary
shall by regulation require any person proposing to enter
into a contract, agreement, or other arrangement, whether
by competitive bid or negotiation, for the conduct of re-
search, development, evaluation activities, or for advisory
and assistance services, to provide the Secretary, prior to
entering into any such contract, agreement, or arrange-
ment, with all relevant information, as determined by the
Secretary, bearing on whether that person has a possible
conflict of interest with respect to—
(A) being able to render impartial, technically
sound, or objective assistance or advice in light of
other activities or relationships with other persons;
or
(B) being given an unfair competitive advan-
tage.
(2) Such person shall ensure, in accordance with reg-
ulations prescribed by the Secretary, compliance with this
section by subcontractors of such person who are engaged
to perform similar services.
(c) REQUIRE AFFIRMATIVE FINDING; CONFLICTS OF
INTEREST WHICH CANNOT BE AVOIDED; MITIGATION OF
CONFLICTS.—(1) Subject to the provisions of paragraph
(2), the Secretary may not enter into any such contract,
agreement, or arrangement, unless the Secretary affirma-
tively finds, after evaluating all such information and any
other relevant information otherwise available to the Sec-
retary, either that—
(A) there is little or no likelihood that a conflict
of interest would exist; or
(B) that such conflict has been avoided after
appropriate conditions have been included in such
contract, agreement, or arrangement.
(2) If the Secretary determines that such conflict of
interest exists and that such conflict of interest cannot be
avoided by including appropriate conditions therein, the
Secretary may enter into such contract, agreement, or ar-
rangement, if the Secretary—
(A) determines that it is in the best interests of
the United States to do so; and
(B) includes appropriate conditions in such con-
tract, agreement, or arrangement to mitigate such
conflict.
(d) PUBLIC NOTICE REGARDING CONFLICTS OF IN-
TEREST.—The Secretary shall promulgate regulations
which require public notice to be given whenever the Sec-
retary determines that the award of a contract, agreement,
or arrangement may result in a conflict of interest which
cannot be avoided by including appropriate conditions
therein.
(e) DISCLAIMER.—Nothing in this section shall pre-
clude the Department from promulgating regulations to
monitor potential conflicts after the contract award.
(f) RULES.—No later than 30 days after the effective
date of this Act, the Secretary shall publish rules for the
implementation of this section.
(g) CENTRAL FILE.—The Department shall maintain
a central file regarding all cases when a public notice is
issued. Other information required under this section shall
also be compiled. Access to this information shall be con-
trolled to safeguard any proprietary information.
(h) DEFINITIONS.—For purposes of this section, the
term ‘‘advisory and assistance services’’ includes—
(1) management and professional support
services;
(2) the conduct of studies, analyses, and evalua-
tions; and
(3) engineering and technical services, excluding
routine technical services.
SEC. 114. REFERENCES.
Reference in any other Federal law, Executive order,
rule, regulation, or delegation of authority, or any docu-
ment of or pertaining—
(1) to the Administrator of the Environmental
Protection Agency is deemed to refer to the Sec-
retary of the Environment;
(2) to the Environmental Protection Agency is
deemed to refer to the Department of the Environ-
ment;
(3) to the Deputy Administrator of the Envi-
ronmental Protection Agency is deemed to refer to
the Deputy Secretary of the Environment; or
(4) to any Assistant Administrator of the Envi-
ronmental Protection Agency is deemed to refer to
an Assistant Secretary of the Department of the
Environment.
SEC. 115. SAVINGS PROVISIONS.
(a) CONTINUING EFFECT OF LEGAL DOCUMENTS.—
All orders, determinations, rules, regulations, permits,
agreements, grants, contracts, certificates, licenses, reg-
istrations, privileges, and other administrative actions—
(1) which have been issued, made, granted, or
allowed to become effective by the President, by the
Administrator of the Environmental Protection
Agency, or by a court of competent jurisdiction, in
the performance of functions of the Administrator or
the Environmental Protection Agency, and
(2) which are in effect at the time this Act
takes effect, or were final before the effective date
of this Act and are to become effective on or after
the effective date of this Act,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Secretary, or
other authorized official, a court of competent jurisdiction,
or by operation of law.
(b) PROCEEDINGS NOT AFFECTED.—The provisions
of this Act shall not affect any proceedings or any applica-
tion for any license, permit, certificate, or financial assist-
ance pending before the Environmental Protection Agency
at the time this Act takes effect, but such proceedings and
applications shall be continued. Orders shall be issued in
such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if this
Act had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified, termi-
nated, superseded, or revoked by a duly authorized official,
by a court of competent jurisdiction, or by operation of
law. Nothing in this subsection shall be deemed to prohibit
the discontinuance or modification of any such proceeding
under the same terms and conditions and to the same ex-
tent that such proceeding could have been discontinued
or modified if this Act had not been enacted.
(c) SUITS NOT AFFECTED.—The provisions of this
Act shall not affect suits commenced before the date this
Act takes effect, and in all such suits, proceedings shall
be had, appeals taken, and judgments rendered in the
same manner and with the same effect as if this Act had
not been enacted.
(d) NONABATEMENT OF ACTIONS.—No suit, action,
or other proceeding commenced by or against the Environ-
mental Protection Agency, or by or against any individual
in the official capacity of such individual as an officer of
the Environmental Protection Agency, shall abate by rea-
son of the enactment of this Act.
(e) ADMINISTRATIVE ACTIONS RELATING TO PRO-
MULGATION OF REGULATIONS.—Any administrative ac-
tion relating to the preparation or promulgation of a regu-
lation by the Environmental Protection Agency may be
continued by the Department with the same effect as if
this Act had not been enacted.
(f) PROPERTY AND RESOURCES.—The contracts, li-
abilities, records, property, and other assets and interests
of the Environmental Protection Agency shall, after the
effective date of this Act, be considered to be the con-
tracts, liabilities, records, property, and other assets and
interests of the Department.
(g) SAVINGS.—The Department and its officers, em-
ployees, and agents shall have all the powers and authori-
ties of the Environmental Protection Agency.
SEC. 116. CONFORMING AMENDMENTS.
(a) PRESIDENTIAL SUCCESSION.—Section 19(d)(1)
of title 3, United States Code, is amended by inserting
before the period at the end thereof the following: ‘‘, Sec-
retary of the Environment’’.
(b) DEFINITION OF DEPARTMENT, CIVIL SERVICE
LAWS.—Section 101 of title 5, United States Code, is
amended by adding at the end thereof the following: ‘‘The
Department of the Environment’’.
(c) COMPENSATION, LEVEL I.—Section 5312 of title
5, United States Code, is amended by adding at the end
thereof the following: ‘‘Secretary of the Environment’’.
(d) COMPENSATION, LEVEL II.—Section 5313 of title
5, United States Code, is amended by striking ‘‘Adminis-
trator of Environmental Protection Agency’’ and inserting
‘‘Deputy Secretary of the Environment’’.
(e) COMPENSATION, LEVEL IV.—Section 5315 of
title 5, United States Code, is amended—
(1) by striking ‘‘Inspector General, Environ-
mental Protection Agency’’ and inserting ‘‘Inspector
General, Department of the Environment’’; and
(2) by striking each reference to an Assistant
Administrator of the Environmental Protection
Agency and by adding at the end thereof the follow-
ing:
‘‘Assistant Secretaries, Department of the Envi-
ronment (10).
‘‘General Counsel, Department of the Environ-
ment.’’.
(f) COMPENSATION, LEVEL V.—Section 5316 of title
5, United States Code, is amended by adding at the end
thereof the following:
‘‘Director of the Bureau of Environmental Sta-
tistics, Department of the Environment.
‘‘Executive Director of the Commission on Im-
proving Environmental Protection.’’.
(g) INSPECTOR GENERAL ACT OF 1978.—The In-
spector General Act of 1978 is amended—
(1) in section 2(1)—
(A) by inserting ‘‘the Department of the
Environment,’’ after ‘‘Veterans Affairs,’’; and
(B) by striking ‘‘The Environmental Pro-
tection Agency,’’;
(2) in section 11(1) by striking ‘‘or Veterans
Affairs’’ and inserting ‘‘Veterans Affairs, or the En-
vironment,’’; and
(3) in section 11(2) by striking ‘‘or Veterans
Affairs’’ and inserting ‘‘Veterans Affairs, or the En-
vironment,’’.
SEC. 117. ADDITIONAL CONFORMING AMENDMENTS.
After consultation with the Committee on Govern-
mental Affairs and the Committee on Environment and
Public Works and other appropriate committees of the
United States Senate and the appropriate committees of
the House of Representatives, the Secretary shall prepare
and submit to the Congress proposed legislation contain-
ing technical and conforming amendments to the United
States Code, and to other provisions of law, to reflect the
changes made by this Act. Such legislation shall be sub-
mitted not later than 6 months after the effective date
of this Act.
TITLE 
II—ENVIRONMENTAL
ROLE OF THE UNITED STATES
IN INTERNATIONAL ORGANI-
ZATIONS TO WHICH IT BE-
LONGS
SEC. 201. INTERNATIONAL ENERGY CONFERENCE.
The Secretary of State, in consultation with the Sec-
retary of Energy and the Secretary of the Environment,
and with the advice of the Committee on Earth and Envi-
ronmental Sciences, is authorized and strongly urged to
convene an international meeting to be held in the United
States with invitations to representatives of all countries
of the world, the purpose of which shall be to encourage
the exchange of information concerning energy efficiency
and renewable energy resources that are environmentally
acceptable and ecologically sustainable.
SEC. 202. INTERNATIONAL GREENHOUSE GAS MONITORING
PROGRAM.
The President, with the advice of the Committee on
Earth and Environmental Sciences, shall encourage the
establishment of an office of the United Nations Environ-
ment Programme and the World Meteorological Organiza-
tion to monitor annual estimated generation and removal
of carbon dioxide and other trace gases on a country-by-
country basis.
TITLE III—ESTABLISHMENT OF
THE 
COMMISSION 
ON 
IM-
PROVING 
ENVIRONMENTAL
PROTECTION
SEC. 301. ESTABLISHMENT; MEMBERSHIP.
(a) ESTABLISHMENT.—There is established the Com-
mission on Improving Environmental Protection (here-
after in this title referred to as ‘‘the Commission’’) whose
13 members including the Chairman shall be composed of
experts in governmental organization (with emphasis on
environmental organization), management of organiza-
tions, and environmental regulation and improved environ-
mental governmental service delivery, consisting of—
(1) seven members to be appointed by the
President;
(2) three members to be appointed by the
Speaker of the House; and
(3) three members to be appointed by the Sen-
ate Majority Leader.
(b) CHAIRMAN.—The Chairman of the Commission
shall be appointed by the President in consultation with
the Congress.
SEC. 302. COMMISSION RESPONSIBILITIES.
(a) RESPONSIBILITIES.—The Commission shall be
responsible for examining and making recommendations
on the management and implementation of the environ-
mental laws and programs within the jurisdiction of the
Department of the Environment in order to enhance the
ability of the Department to preserve and protect human
health and the environment. The Commission shall make
recommendations and otherwise advise the President and
the Congress on the need to—
(1) enhance and strengthen the management
and implementation of existing programs within the
Department;
(2) enhance the organization of the Department
to eliminate duplication and overlap between dif-
ferent programs;
(3) enhance the coordination between different
programs and offices within the Department; and
(4) enhance the consistency of policies through-
out the Department.
(b) RECOMMENDATIONS.—The Commission shall
provide specific steps and proposals for implementing the
Commission’s recommendations, including an estimate of
the costs of implementing such recommendations, except
that the Commission shall not suggest substantive changes
in the policy expressed by existing laws.
SEC. 303. REPORT TO THE PRESIDENT AND CONGRESS.
The Commission shall report to the President and the
Congress on its investigation, findings, and recommenda-
tions in an interim report no later than 12 months after
the effective date of this title, and in a final report no
later than 24 months after the effective date of this title.
The interim report shall be made available for public re-
view and comment, and the comments taken into account
in finalizing the report.
SEC. 304. COMMISSION STAFF.
The Commission shall appoint an Executive Director
who shall be compensated at a rate not to exceed the rate
of basic pay prescribed for level V of the Executive Sched-
ule under section 5316 title 5, United States Code. With
the approval of the Commission the Executive Director
may appoint and fix the compensation of staff sufficient
to enable the Commission to carry out its duties.
SEC. 305. ADVISORY GROUPS.
The Chairman shall convene at least one advisory
group to assist the Commission in developing its rec-
ommendations. One advisory group shall be composed of
former staff of the Department of the Environment and
its predecessor Environmental Protection Agency, other
Federal and State officials experienced in administering
environmental protection programs, members of the regu-
lated community, and members of public interest groups
organized to further the goals of environmental protection.
The Executive Director is authorized to pay members of
advisory groups and others who perform services as au-
thorized under section 3109 of title 5, United States Code,
at rates for individuals not to exceed the per diem rate
equivalent to the rate for level V of the Executive Schedule
under section 5316 of title 5, United States Code. Each
advisory group shall be subject to the provisions of the
Federal Advisory Committee Act.
SEC. 306. FUNDING; AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $3,000,000
in fiscal year 1992 and $5,000,000 in fiscal year 1993
to carry out the provisions of this title.
TITLE IV—EFFECTIVE DATE
SEC. 401. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect on such date during the 6-month period begin-
ning on the date of enactment, as the President may direct
in an Executive order. If the President fails to issue an
Executive order for the purpose of this section, this Act
and such amendments shall take effect 6 months after the
date of the enactment of this Act.
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