(2) A General Counsel, who shall be the chief 
legal officer of the Department. 
(c) REGIONAL ADMINISTRATORS.—There shall be up 
to 10 Regional Administrators of the Department, who 
shall be appointed by the Secretary and who shall report 
to the Under Secretary for Implementation, Compliance, 
and Enforcement. 
SEC. 7. FUNCTIONS OF OFFICERS. 
(a) IN GENERAL.—Subject to the provisions of this 
Act, every officer of the Department shall perform the 
functions specified by law for the official’s office or pre-
scribed by the Secretary. 
(b) DEPUTY SECRETARY.—The Deputy Secretary of 
Environmental Protection—
(1) shall perform such functions as the Sec-
retary shall assign or delegate; and 
(2) shall act as Secretary during the absence or 
disability of the Secretary or in the event of a va-
cancy in the office of Secretary. 
(c) UNDER SECRETARY FOR SCIENCE AND INFORMA-
TION.—The Under Secretary for Science and Information 
shall be responsible for management and oversight of the 
Bureau of Environmental Statistics, research and develop-
ment, the Department’s laboratories, scientific analysis, 
and data on the status, trends, and human health risks
associated with the environment, including the following 
functions: 
(1) Identifying and defining the important sci-
entific issues facing the Department, including those 
embedded in major policy or regulatory proposals to 
ensure that critical science is identified early and de-
veloped in time to inform decisions. 
(2) Developing and overseeing an integrated 
Department wide strategy for acquiring, dissemi-
nating, and applying information. 
(3) Ensuring that scientific and technical infor-
mation is analyzed across environmental media. 
(4) Conducting, sponsoring, and evaluating en-
vironmental science and technology research, the re-
sults of which shall be used to help initiate, formu-
late, and carry out the Department’s agenda. 
(5) Ensuring that the complex scientific out-
reach and communication needs of the Department 
are met, including—
(A) the use of credible science in support 
of the regulatory offices, regions, and Depart-
ment wide policy deliberations; and 
(B) communication with the broader do-
mestic and international scientific community
for scientific knowledge that is relevant to a 
Department policy or regulatory issue. 
(6) Coordinating and overseeing scientific qual-
ity assurance and peer review practices throughout 
the Department to ensure that critical science used 
in decisionmaking is of sufficient quality and that 
the quality of the science and the associated uncer-
tainty is clearly described. 
(7) Producing an annual report assessing envi-
ronmental and human health risks, including com-
parison of such risks to other human health risks. 
(8) Such other functions as the Secretary shall 
assign. 
(d) UNDER SECRETARY
FOR POLICY, PLANNING, 
AND INNOVATION.—The Under Secretary for Policy, 
Planning, and Innovation shall be responsible for the de-
velopment of nationwide programs and policy to address 
environmental and human health risks based on statistical 
and other scientific information, including the following 
functions: 
(1) Promulgation of nationwide regulations and 
nonbinding guidance. 
(2) Oversight of the Assistant Secretaries of the 
Department.
(3) Such other functions as the Secretary shall 
assign. 
(e) UNDER
SECRETARY
FOR
IMPLEMENTATION, 
COMPLIANCE, AND ENFORCEMENT.—The Under Sec-
retary for Implementation, Compliance, and Enforcement 
shall be responsible for oversight of regional offices of the 
Department to ensure consistent implementation of and 
compliance with Department programs, including the fol-
lowing: 
(1) Coordinating Department programs with, 
and assisting, State and local governments in imple-
menting environmental programs. 
(2) Such other functions as the Secretary shall 
assign. 
(f) ASSISTANT SECRETARIES.—The Secretary shall 
delegate among the Assistant Secretaries of Environ-
mental Protection functions otherwise authorized by law. 
(g) CHIEF FINANCIAL OFFICER.—The Chief Finan-
cial Officer of the Department shall, in addition to func-
tions under chapter 9 of title 31, United States Code, and 
other laws, be responsible for the following: 
(1) Ensuring that the budget, human resources, 
and regulatory costs imposed by the Department ac-
curately reflect environmental and human health 
risks.
(2) Ensuring that the Department’s annual 
performance plan under section 1115 of title 31, 
United States Code, includes performance indicators 
on the status of the environment for each depart-
mental program. 
(3) Ensuring that the Department’s annual 
program performance report under section 1116 of 
title 31, United States Code—
(A) reviews the success of achieving the 
performance goals of the fiscal year covered by 
the report; and 
(B) evaluates the performance plan under 
section 1115 of that title for the current fiscal 
year relative to the performance achieved to-
ward the performance goals in the fiscal year 
covered by the report.
(4) Such other functions as the Secretary shall 
assign.
SEC. 8. BUREAU OF ENVIRONMENTAL STATISTICS. 
(a) ESTABLISHMENT.—There shall be in the Depart-
ment the Bureau of Environmental Statistics (in this sec-
tion referred to as the ‘‘Bureau’’). The purpose of the Bu-
reau is to provide in accordance with this section such en-
vironmental quality and related public health and eco-
nomic information, and such evaluation and analyses of
such information, as may be appropriate, to meet ade-
quately 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 Sta-
tistics (hereinafter in this section referred to as the 
‘‘Director’’), who shall be appointed by the Presi-
dent, by and with the advice and consent of the Sen-
ate. The Director shall report to the Under Sec-
retary for Science and Information. 
(2) APPOINTMENT, TERM, AND REMOVAL.—
(A) APPOINTMENT AND TERM.—The Di-
rector shall—
(i) be appointed by the President 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. 
(c) FUNCTIONS OF DIRECTOR.—
(1) IN GENERAL.—The functions of the Direc-
tor shall include the following: 
(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.
such publicly available information to the pub-
lic. 
(G) Preparing and submitting to the Con-
gress and the Secretary an annual report on en-
vironmental conditions and public health condi-
tions, using, to the maximum extent practicable 
and consistent with the Director’s duties under 
this Act, reliable statistical sampling tech-
niques. 
(H) Making available to the public, upon 
request, the annual report under subparagraph 
(G), and publishing a notice of such availability 
in the Federal Register. 
(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 such 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. 
(4) COLLECTION OF DATA FROM OTHER AGEN-
CIES, PERSONS, ETC.—Subject to other applicable 
provisions of law, the Director, in carrying out re-
sponsibilities under this Act, may collect data from 
such Federal agencies, State or local governments or 
instrumentalities, Indian tribes, businesses, and 
other individuals, persons, organizations, and insti-
tutions as the Director considers appropriate. 
(5) USE
OF
DATA
COLLECTED
BY
FEDERAL 
AGENCIES.—
(A) IN GENERAL.—The Director may—
(i) use data collected by any Federal 
agency, and 
(ii) 
enter 
into 
interagency 
or 
intraagency agreements for the collection 
of data for the purposes of this section. 
(B) PROVISION OF DATA TO DIRECTOR.—
Subject to applicable law, all Federal agencies 
(including agencies in the Department) shall
provide to the Director, in a timely manner and 
to the extent possible in a usable electronic for-
mat, any data that the Director requires to 
carry out responsibilities under this Act. 
(C) 
COOPERATIVE
COLLECTION
OF 
DATA.—The Director may—
(i) arrange with any agency, organiza-
tion, or institution for the cooperative col-
lection of data for the purposes of this sec-
tion, and 
(ii) assign employees of the Bureau to 
any such agency, organization, or institu-
tion to assist in such collection. 
(6) OBTAINING EMPLOYEES AND SERVICES.—
The Director—
(A) may select, appoint, and employ such 
officers and employees as may be necessary to 
carry out the functions of the Bureau, subject 
to—
(i) the provisions of title 5, United 
States Code, governing appointments in 
the competitive service, and 
(ii) the provisions of chapter 51 and 
subchapter III of chapter 53 of such title
relating to classification and General 
Schedule pay rates; and
(B) may obtain services as authorized by 
section 3109 of title 5, United States Code, at 
a rate not to exceed the equivalent daily rate 
payable for level V of the Executive Schedule 
under section 5316 of such title. 
(e) STAFF.—The Secretary shall ensure that the Bu-
reau of Environmental Statistics has staff sufficient to en-
able the Director to efficiently carry out the duties of the 
Director. 
(f) CONTINUING PERFORMANCE OF FUNCTIONS OF 
DIRECTOR.—An individual who, on the effective date of 
this Act, is performing any of the functions required by 
this section to be performed by the Director may continue 
to perform such functions until such functions are as-
signed to an individual appointed as the Director under 
this Act. 
(g) AVAILABILITY OF DIRECTOR TO CONGRESS; SPE-
CIAL REPORTS.—The Director—
(1) shall be available to the Congress to provide 
testimony on subjects under the authority of the Di-
rector as any committee of the Congress may re-
quest, including on environmental quality data and
related measures of public health and analyses 
thereof; 
(2) shall, subject to otherwise applicable law, 
make available to any committee of the Congress 
having jurisdiction over any program of the Depart-
ment, upon written request of the committee, any in-
formation reported or otherwise obtained, and any 
evaluation or analysis made, by the Director or any 
officer or employee of the Bureau under this section 
that relates to that program; and 
(3) may provide, and charge for, statistical 
records, compilations, surveys, and reports to State 
and local officials, public and private organizations, 
and individuals.
(h) CONFIDENTIALITY OF INFORMATION.—
(1) IN GENERAL.—Information obtained by the 
Bureau under this section shall be cataloged and, 
upon request, shall be promptly made available to 
the public in a form and manner easily adaptable for 
public use, except that this subsection shall not re-
quire disclosure of matters exempted from disclosure 
pursuant to paragraph (2) of this subsection or sec-
tion 552(b) of title 5, United States Code, the 
Homeland Security Act of 2003 (Public Law 107–
296), or other applicable law.
(2) RESTRICTION ON DISCLOSURE.—The Direc-
tor shall not disclose personally identifiable or cor-
porately identifiable data collected by the Bureau. 
(3) ACCESS TO INFORMATION IN POSSESSION 
OF OTHER FEDERAL AGENCY.—In furtherance and 
not in limitation of any other authority, the Direc-
tor, on behalf of the Secretary, shall have access to 
environmental and health related economic and sta-
tistical information in the possession of the Depart-
ment or any other Federal agency, except informa-
tion—
(A) the disclosure of which to another Fed-
eral agency is expressly prohibited by law; or
(B) the disclosure of which the agency hav-
ing possession determines would significantly 
impair the discharge of authorities and respon-
sibilities that have been delegated to, or vested 
by law, in such agency. 
(4) OBTAINING
INFORMATION
TO
WHICH
AC-
CESS IS DENIED.—In any case in which the Director 
is denied information that is necessary to achieve 
the purposes of this Act, the Director shall take ap-
propriate action, pursuant to paragraph (3), to ob-
tain such information.
(5) DISCLOSURE OF INFORMATION TO FEDERAL 
AGENCIES.—Notwithstanding paragraphs (1) and 
(3) and section 552(b)(4) of title 5, United States 
Code, the Director may disclose any information ob-
tained under this section to—
(A) the General Accounting Office; 
(B) the Inspector General of the Depart-
ment; and 
(C) any department or statistical agency of 
the Federal Government that requests the in-
formation to carry out its lawful functions. 
(6) CONTINUING APPLICATION OF OTHER RE-
STRICTIONS.—Any information disclosed by the Di-
rector under paragraph (5) shall continue thereafter 
to be subject to any restriction, requirement, or con-
dition regarding the use or disclosure of the infor-
mation that applies to the Department. 
(i) ESTABLISHMENT
OF
PUBLIC
PARTICIPATION 
PROCESS.—The Director shall establish an ongoing bal-
anced process for obtaining public advice, guidance, and 
recommendations on the implementation of the functions 
of the Director. 
(j) PEER REVIEW OF BUREAU.—
(1) REVIEW
REQUIREMENT.—The statistical 
procedures and methodology of the Bureau shall be
subject to peer review every 2 years. Such review 
shall be conducted by a Peer Review Team, which 
shall prepare and submit to the President and the 
Congress a report describing its investigation and 
findings. 
(2) PEER
REVIEW
TEAM.—The Peer Review 
Team shall consist of at least 5 professionally quali-
fied persons who are officers or employees of the 
United States, of whom at least—
(A) 1 shall be designated by the Director 
of the Bureau of the Census; 
(B) 1 shall be designated by the Commis-
sioner of Labor Statistics; 
(C) 1 shall be designated by the Director 
of the National Center for Health Statistics; 
(D) 1 shall be designated by the Adminis-
trator of the Energy Information Administra-
tion; and 
(E) 1 shall be designated by the Comp-
troller General of the United States. 
(3) CHAIRMAN.—The Secretary shall appoint 
the Chairman of the Peer Review Team. 
(4) RESPONSIBILITIES OF DIRECTOR AND SEC-
RETARY.—The Director and the Secretary—
(A) shall cooperate fully with the Peer Re-
view Team; and 
(B) notwithstanding any other provisions 
of law, shall make available to the Peer Review 
Team such relevant data, information, docu-
ments, and services as the Peer Review Team 
determines are necessary for successful comple-
tion of its peer review. 
(5) CONFIDENTIALITY OF INFORMATION.—In-
formation made available to the Peer Review Team 
under paragraph (4)(B) shall be subject to the con-
fidentiality standards applicable to the information 
under subsection (h). 
(6) CONFLICTS OF INTEREST.—Each member 
of the Peer Review Team who is a non-Federal em-
ployee shall not possess any interest that conflicts 
with the member’s duty as a member of the Peer 
Review Team. 
(k) SPECIFICATION IN BUDGET OF PROPOSED AP-
PROPRIATIONS.—The President shall include in each 
budget submitted under section 1105 of title 31, United 
States Code an estimate of expenditures and appropria-
tions necessary to carry out this section for the fiscal year 
covered by the budget.
SEC. 9. EXECUTIVE SCHEDULE COMPENSATION OF DE-
PARTMENT OFFICERS. 
(a) EXECUTIVE LEVEL I.—Section 5312 of title 5, 
United States Code, is amended by inserting after the 
item relating to the Secretary of Homeland Security the 
following: 
‘‘Secretary of Environmental Protection.’’. 
(b) EXECUTIVE LEVEL II.—Section 5313 of title 5, 
United States Code, is amended by adding at the end the 
following: 
‘‘Deputy Secretary of Environmental Protec-
tion.’’. 
(c) EXECUTIVE LEVEL III.—Section 5314 of title 5, 
United States Code, is amended by adding at the end the 
following: 
‘‘Under Secretaries of Environmental Protec-
tion (3).’’. 
(d) EXECUTIVE LEVEL IV.—Section 5315 of title 5, 
United States Code, is amended—
(1) by inserting after the item relating to In-
spector General, Department of the Treasury, the 
following: 
‘‘Inspector General, Department of Environ-
mental Protection.’’; and
(2) by inserting after the item relating to Chief 
Financial Officer, Department of Treasury, the fol-
lowing: 
‘‘Chief Financial Officer, Department of Envi-
ronmental Protection. 
‘‘Assistant Secretaries of Environmental Pro-
tection (5). 
‘‘General Counsel, Department of Environ-
mental Protection.’’. 
(e) EXECUTIVE LEVEL V.—Section 5316 of title 5, 
United States Code, is amended by adding at the end the 
following: 
‘‘Regional Administrators, Department of Envi-
ronmental Protection. 
‘‘Director of Environmental Statistics, Depart-
ment of Environmental Protection.’’. 
SEC. 10. REFERENCES. 
Any reference in any other Federal law, Executive 
order, rule, regulation, reorganization plan, or delegation 
of authority, or in any document—
(1) to the Environmental Protection Agency is 
deemed to refer to the Department of Environmental 
Protection;
(2) to the Administrator of the Environmental 
Protection Agency is deemed to refer to the Sec-
retary of Environmental Protection; and 
(3) to a subordinate official of the Environ-
mental Protection Agency is deemed to refer to the 
corresponding official of the Department of Environ-
mental Protection. 
SEC. 11. SAVINGS PROVISIONS. 
(a) CONTINUING EFFECT OF EXISTING STATUTES.—
Nothing in this Act shall be construed as altering, affect-
ing, amending, modifying, or otherwise changing, directly 
or indirectly, any law that refers to and provides authori-
ties or responsibilities for, or is administered by, the Envi-
ronmental Protection Agency or the Administrator of the 
Environmental Protection Agency.
(b) CONTINUING EFFECT OF LEGAL DOCUMENTS.—
All orders, determinations, rules, regulations, permits, 
grants, contracts, certificates, licenses, privileges, agree-
ments, registrations, and other administrative actions—
(1) that have been issued, made, granted or al-
lowed to become effective by the President, the Ad-
ministrator or other authorized official of the Envi-
ronmental Protection Agency, or by a court of com-
petent jurisdiction, which relate to functions of the
Administrator or any other officer or agent of the 
Environmental Protection Agency actions; and
(2) that are in effect on the date of the enact-
ment 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, by a court of competent jurisdic-
tion, or by operation of law. 
(c) PROCEEDINGS NOT AFFECTED.—
(1) IN GENERAL.—This Act shall not affect any 
proceeding, proposed rule, or application for any li-
cense, permit, certificate, registration, or financial 
assistance pending before the Environmental Protec-
tion Agency on the date of the enactment of this 
Act, and the effect of any such proceeding, proposed 
rule, or application shall continue. Orders shall be 
issued, and final determinations shall be made, in 
any such proceeding, proposed rule, or application, 
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 with respect 
to any such proceeding, proposed rule, or application 
shall continue in effect until modified, terminated, 
superseded, or revoked by a duly authorized official,
by a court of competent jurisdiction, or by operation 
of law. 
(2) DISCONTINUANCE
OR
MODIFICATION.—
Nothing in this subsection prohibits the discontinu-
ance or modification of any such proceeding, pro-
posed rule, or application under the same terms and 
conditions and to the same extent that such pro-
ceeding, proposed rule, or application could have 
been discontinued or modified if this Act had not 
been enacted. 
(d) SUITS NOT AFFECTED.—The provisions of this 
Act shall not affect suits commenced before the effective 
date of this Act, 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. 
(e) NONABATEMENT OF ACTIONS.—No suit, action, 
or other proceeding commenced before the effective date 
of this Act by or against the Environmental Protection 
Agency, or by or against any individual in the official ca-
pacity of such individual as an officer of the Environ-
mental Protection Agency, shall abate by reason of the 
enactment of this Act. 
(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 of Environmental Protection. 
SEC. 12. CONFORMING AMENDMENTS. 
(a) PROPOSED
LEGISLATION.—After consultation 
with the appropriate committees of the Congress, the Sec-
retary shall prepare and submit to the Congress proposed 
legislation containing necessary and appropriate technical 
and conforming amendments to the laws of the United 
States, to reflect the changes made by this Act. Such pro-
posed legislation shall be submitted not later than one year 
after the effective date of this Act. 
(b) INSPECTOR GENERAL.—Section 11(2) of the In-
spector General Act of 1978 (5 U.S.C. App.) is amend-
ed—
(1) by inserting ‘‘Environmental Protection,’’ 
after ‘‘Energy,’’; and 
(2) by striking ‘‘the Environmental Protection 
Agency,’’. 
(c) CHIEF FINANCIAL OFFICER.—Subsection (b)(1) 
of section 901 of title 31, United States Code, is amend-
ed—
(1) by striking subparagraph (O);
(2) by redesignating subparagraphs (F), (G), 
(H), (I), (J), (K), (L), (M), (N), and (P) as sub-
paragraphs (G), (H), (I), (J), (K), (L), (M), (N), 
(O), and (P), respectively; and 
(3) by inserting after subparagraph (E) the fol-
lowing: 
‘‘(F) The Department of Environmental Protec-
tion.’’. 
(d) EXECUTIVE SCHEDULE COMPENSATION.—Title 
5, United States Code, is amended—
(1) in section 5313 by striking the item relating 
to the Administrator of the Environmental Protec-
tion Agency; 
(2) in section 5314 by striking the items relat-
ing to the Deputy Administrator of the Environ-
mental Protection Agency; and 
(3) in section 5315 by striking the items relat-
ing to—
(A) the Assistant Administrator for Toxic 
Substances, Environmental Protection Agency; 
(B) the Assistant Administrator, Office of 
Solid Waste, Environmental Protection Agency; 
(C) Assistant Administrators, Environ-
mental Protection Agency;