I
107TH CONGRESS
1ST SESSION
H. R. 2694
To redesignate the Environmental Protection Agency as the Department
of Environmental Protection, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 1, 2001
Mr. HORN introduced the following bill; which was referred to the Committee
on Government Reform
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 table of contents for
this Act is 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. Risk estimate and analysis.
Sec. 121. Science Advisory Board.
Sec. 122. Effective dates; limitations on application.
Sec. 123. Regulations.
Sec. 124. References.
Sec. 125. Savings provisions.
Sec. 126. Conforming amendments.
Sec. 127. 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 Facility 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 FUNCTIONS, 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-
(A) maintain, in a central location that is
available to the public, copies of all orders and
other instruments making delegations and re-
delegations 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 8, 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 indi-
vidual 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.—Concurrently with
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, make efforts to reduce unnecessary
burdens and promote greater integration of informa-
tion by working to coordinate the data collection and
dissemination efforts of the Department with other
relevant Federal, State, and local agencies.
(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 information
technology that is used by or could be used by
the Department to increase efficiency, reduce
paperwork, and improve coordination with other
agencies.
(c) CHIEF INFORMATION OFFICER.—
(1) DESIGNATION AND PRIMARY RESPONSIBIL-
ITIES.—
(A) IN
GENERAL.—The Secretary shall
designate a Chief Information Officer of the
Department, whose primary responsibilities
shall include providing assistance to senior
agency management in ensuring that informa-
tion and technology resources are managed to
maximize benefits to the Department and ac-
countability to the public served by the Depart-
ment, and overseeing the security of informa-
tion systems of the Department.
(B) INFORMATION
COORDINATION
FUNC-
TIONS.—The Chief Information Officer shall
serve as the senior official required to be des-
ignated for the Department under section
3506(b) of title 44, United States Code.
(2) QUALIFICATIONS.—To the maximum ex-
tent, the individual designated as Chief Information
Officer shall be selected from individuals who have—
(A) direct and substantial experience in
successfully achieving major improvements 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;
(5) in cooperation with the Chief Financial Of-
ficer of the Department, ensure that—
(A) Department-wide and component ac-
counting, financial, and asset management sys-
tems and other information systems that pro-
vide, at least in part, financial or program per-
formance data used in financial statements are
effectively designed, developed, and imple-
mented; and
(B) financial and related program perform-
ance data are provided on a reliable, consistent,
and timely basis to agency financial manage-
ment systems;
(6) identify, in cooperation with program man-
agers and the Chief Financial Officer of the Depart-
ment, specific opportunities to redesign business
practices and supporting information systems to im-
prove agency performance;
(7) regularly complete accurate post-implemen-
tation reviews for all information systems projects of
the Department;
(8) develop, in cooperation with the Chief Fi-
nancial Officer of the Department, full and accurate
information on—
(A) information technology expenditures
(including capital investment and expenses) by
the Department; and
(B) all expenses for Department staff who
carry out information resources management
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, departmental information collected,
stored, retained, or disseminated and available
to the public under such provisions of law; and
(B) make such public information available
in a variety of formats and through systems
that permit and encourage widespread use and
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 geo-
graphical information systems and spatial dis-
play technologies in fulfilling the public dissemi-
nation 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 imple-
menting 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 to the appropriate As-
sistant Secretary in the Department.
(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.
(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 intra-
agency 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, notwithstanding any limitation con-
tained in this section or any other provision of 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.—The Director may not make
public any information obtained under this section
that is exempt from disclosure pursuant to sub-
section (b)(4) of section 552 of title 5, United States
Code, except as provided in subsection (d) of that
section and this section.
(2) 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
information—
(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.
(3) 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 (2), to ob-
tain such information from the original sources of
the information or an alternate source. Such an al-
ternate source shall be notified of the reason for any
request under this paragraph for information.
(4) DISCLOSURE OF INFORMATION TO FEDERAL
AGENCIES.—Notwithstanding paragraphs (1) and
(2) and section 552(b)(4) of title 5, United States
Code, the Director may disclose any information ob-
tained under this section to—
(A) the General Accounting Office; and
(B) any department or agency of the Fed-
eral Government that requests the information
to carry out its lawful functions.
(5) CONTINUING APPLICATION OF OTHER RE-
STRICTIONS.—Any information disclosed by the Di-
rector under paragraph (4) shall continue thereafter
to be subject to any restriction, requirement, or 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 an annual peer review. Such review shall
be conducted by a Peer Review Team, which shall
prepare and submit to the President and the Con-
gress a report describing its investigation and find-
ings.
(2) PEER
REVIEW
TEAM.—The Peer Review
Team shall consist of at least 5 professionally quali-
fied persons who are officers or employees of the
United States, of whom at least—
(A) one shall be designated by the Director
of the Bureau of the Census;
(B) one shall be designated by the Com-
missioner of Labor Statistics;
(C) one shall be designated by the Director
of the National Center for Health Statistics;
(D) one shall be designated by the Admin-
istrator of the Energy Information Administra-
tion; and
(E) one shall be designated by the Comp-
troller General of the United States.
(3) CHAIRMAN.—The member of the Peer Re-
view Team appointed under paragraph (2)(E) shall
be the Chairman of the Team.
(4) RESPONSIBILITIES OF DIRECTOR AND SEC-
RETARY.—The Director and the Secretary—
(A) shall cooperate fully with the Peer Re-
view Team; and
(B) notwithstanding any other provisions
of law, shall make available to the Peer Review
Team such relevant data, information, docu-
ments, and services as the Peer Review Team
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).
(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—
(1) an estimate of expenditures and appropria-
tions necessary to carry out this section for the fis-
cal year covered by the budget; and
(2) a statement of the difference, if any, be-
tween the estimate under paragraph (1) and the ap-
propriation request for the fiscal year that is sub-
mitted to the President by the Director under sec-
tion 1108 of that title.
SEC. 112. OFFICE OF ENVIRONMENTAL JUSTICE.
(a) OFFICE
OF ENVIRONMENTAL JUSTICE.—The
Secretary shall establish in the Department an Office of
Environmental Justice (hereinafter in this section referred
to as the ‘‘Office’’), which shall be independent of the De-
partment’s single-medium program offices but shall have
the authority to advise such offices about environmental
justice matters. The Office shall be under the direction
of a Director appointed by the President, with the advice
and consent of the Senate. The Director shall be com-
pensated at level V of the Executive Schedule under sec-
tion 5316 of title 5, United States Code.
(b) FUNCTIONS.—The Director shall develop and,
with the approval of the Secretary, implement a strategy
to promote, to the greatest extent practicable and con-
sistent with the provisions of this section and other provi-
sions of law applicable to the Department, environmental
justice for all people wherever they are located or work
in the United States, and regardless of income, race, eth-
nicity, or national origin.
(c) ENVIRONMENTAL
JUSTICE
ADVISORY
COM-
MITTEE.—
(1) 
ESTABLISHMENT
OF
ADVISORY
COM-
MITTEE.—The Secretary shall establish an Advisory
Committee on Environmental Justice (hereinafter in
this subsection referred to as the ‘‘Committee’’),
which shall advise the Secretary and the Director on
matters relating to the strategic direction, policies,
and programs of the Department under this section.
(2) APPOINTMENTS.—
(A) MEMBERSHIP.—The Committee shall
be composed of not more than 15 members ap-
pointed by the Secretary. The Director and the
Secretary (or their designees) shall be ex officio
members of the Committee. The Secretary
shall, 
in 
appointing 
members 
of 
the
Committee—
(i) ensure that the Committee is fairly
balanced with respect to points of view rep-
resented and with regard to racial, gender,
ethnic, and geographic representation;
(ii) include individuals who have
knowledge of, and experience with, environ-
mental conditions in racial minority, ethnic
minority, or moderate- and low-income
communities;
(iii) include individuals who are recog-
nized experts in the fields of environmental
law, socioeconomic analysis, health and en-
vironmental effects, exposure evaluation,
and environmental health science research;
and
(iv) include individuals who represent
the regulated community, labor, commu-
nity-based groups, Federal, State, and
local governments, Indian tribes, and other
entities that the Secretary determines to be
appropriate.
(B) TERMS.—Except as provided in sub-
paragraph (C), members of the Committee shall
be appointed for a 3-year term, and may be re-
appointed for 1 additional term. Appointees to
vacancies shall serve for the remainder of the
original member’s term.
(C) STAGGERED TERMS.—Of the members
first appointed to the Committee—
(i) 1⁄3 shall be appointed for a 1-year
term; and
(ii) 1⁄3 shall be appointed for a 2-year
term.
SEC. 113. SCIENTIFIC INTEGRITY.
(a) IN GENERAL.—The Secretary, in carrying out re-
sponsibilities of the Secretary under this Act and any
other Act that applies to the Department, shall—
(1) provide for the development and acquisition
of the best credible and unbiased scientific informa-
tion, and make such information available on a time-
ly basis, for use by, and guidance of, the Secretary;
and
(2) develop, publish, and implement, within 18
months after the date of the enactment of this Act,
meaningful peer review and quality assurance guide-
lines and policies for improved performance of the
Department and its activities, which guidelines and
policies shall identify, to the greatest extent possible,
the types or categories of science-based, science-de-
pendent, and technical products that will be subject
to them.
(b) PRODUCTS DEFINED.—In subsection (a)(2), the
term products—
(1) includes studies, reports, models, analyses,
and other publications used to support rulemaking;
and
(2) does not include the promulgation of a rule,
the issuance or denial of a permit, or the taking of
enforcement actions.
SEC. 114. CONFLICTS OF INTEREST OF MEMBERS OF ADVI-
SORY COMMITTEES.
(a) CONFLICTS OF INTEREST REPORTING REQUIRE-
MENTS.—Each member of an advisory committee of the
Department who is not an officer or employee of the Fed-
eral Government shall file with the Secretary an annual
written report disclosing—
(1) the member’s principal employment;
(2) all other corporations, companies, firms,
partnerships, business enterprises, research organi-
zations, educational institutions, or other entities in
or to which the member serves as an employee, offi-
cer, adviser, director, owner, or consultant, including
a description of the nature of the member’s service,
but only to the extent the entity or relationship is
relevant to the purposes and functions of the advi-
sory committee; and
(3) the identity, but not the value or amount,
of any sources of income or financial interests of the
member that are or may be relevant to the purposes
and functions of the advisory committee.
(b) PUBLIC ACCESS TO REPORTS.—The Secretary
shall, within 15 days after receiving any report under this
section, permit inspection of such report by, or furnish a
copy of such report to, any person requesting such inspec-
tion or copy, subject to the terms and conditions estab-
lished by section 104 of the Ethics in Government Act of
1978 (2 U.S.C. 704) for reports filed under that Act.
(c) BALANCED REPRESENTATION REQUIREMENT.—
(1) IN GENERAL.—The membership of each ad-
visory committee appointed by the Department shall
be balanced in terms of the points of view rep-
resented and the functions to be performed by the
advisory committee. In order to meet this require-
ment, each such advisory committee shall have rep-
resentatives appointed from among the following
groups:
(A) The affected industry.
(B) 
Consumer, 
labor, 
environmental,
health, and public interest groups.
(C) State and local governments and In-
dian tribes.
(2) TREATMENT
OF
CATEGORIES.—The cat-
egories described in paragraphs (1) (A), (B), and
(C)—
(A) are not exclusive, and
(B) may each be waived by the appointing
authority if a determination is made in writing
explaining why the category is not germane to
the work of the advisory committee.
(3) JUDICIAL REVIEW.—A determination under
paragraph (2)(B) is subject to judicial review.
(d) ADVISORY COMMITTEE COMPENSATION.—
(1) IN GENERAL.—Subject to paragraph (2),
the Secretary may pay members of advisory commit-
tees of the Department 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.
(2) CONDITION.—The Secretary may not pay
compensation to an individual under paragraph (1)
unless compensation is necessary because—
(A) the services of the individual are con-
sidered by the Secretary to be essential;
(B) failure to pay compensation would con-
stitute a financial hardship for the individual;
or
(C) the individual has professional exper-
tise that may not be obtained without com-
pensation.
SEC. 115. LIMITATION ON SCOPE OF CERTAIN UMBRELLA
CONTRACTS BY DEPARTMENT FOR ADVISORY
AND ASSISTANCE SERVICES.
(a) ENSURING COMPETITION FOR UMBRELLA CON-
TRACTS.—The Department may enter into an umbrella
contract only under the following conditions:
(1) The period covered by the contract does not
exceed—
(A) in the case of a response action con-
tract (as that term is defined in section 119(e)
of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42
U.S.C. 9619(e), as in effect on the date of the
enactment of this Act), 10 years; or
(B) in the case of any other contract—
(i) 5 years; or
(ii) such longer period as may be
specified by the Secretary, if the Secretary
determines in writing that unusual and
compelling circumstances exist justifying
an umbrella contract for a longer period.
(2) Except as provided in subsection (e), the
contract is awarded pursuant to full and open com-
petition (as that term is defined in section 4 of the
Office Federal Procurement Policy Act (41 U.S.C.
403)), unless the Secretary determines in writing
that—
(A) the services to be procured under the
contract are available from only one responsible
source and no other type of services will satisfy
the needs of the Department; or
(B) the Department’s need for the services
to be provided under the contract is of such an
unusual and compelling urgency that the Gov-
ernment would be seriously injured unless the
Department is permitted to limit the number of
sources from which it solicits bids or proposals.
(3) The contract does not authorize the con-
tractor to procure items on behalf of the Govern-
ment, except that the contract may authorize the
contractor to procure personal property if—
(A) it is procured under a response action
contract referred to in paragraph (1),
(B) it is procured for the performance of
the contract, and
(C) all right, title, and interest in the prop-
erty vests in the Government.
(b) PROHIBITION OF ‘‘CONTRACT SHOPPING’’.—
(1) LIMITATION.—Task orders may be made
under an umbrella contract awarded by the Depart-
ment only to carry out the mission of the office,
function, or program that requested the umbrella
contract.
(2) WAIVER.—The Secretary (or a designee
who is an officer of the Department at or above the
level of the senior procurement executive of the De-
partment designated pursuant to section 16(3) of
the Office Federal Procurement Policy Act (41
U.S.C. 414(3)) may waive the application of the lim-
itation set forth in paragraph (1) to a task order if
he or she determines in writing that—
(A) the task order is within the scope of
the umbrella contract;
(B) there is an identifiable emergency or
other urgent requirement that cannot be met by
other means; and
(C) there is no other contract available to
the office seeking the waiver that is suitable for
the task order.
(3) APPLICATION.—Paragraph (1) does not
apply to any contract which is determined by the
Secretary in writing, before the award of the con-
tract, as being necessary to meet the needs of more
than one office, function, or program.
(c) FOLLOW-ON COMPETITION.—Statements of work
in an umbrella contract awarded by the Department shall
be prepared so as to ensure full and open competition (as
that term is defined in section 4 of the Office Federal Pro-
curement Policy Act (41 U.S.C. 403) for any new contract
that results from, completes, or supplements the work per-
formed under the umbrella contract.
(d) SUBCONTRACTORS.—
(1) IDENTIFICATION
OF
SUBCONTRACTORS.—
Any solicitation for an umbrella contract awarded by
the Department shall require that all offerors iden-
tify in their proposals all prospective subcontractors
and the qualifications of those subcontractors.
(2) RESTRICTION
ON
ELIGIBILITY
FOR
SUB-
CONTRACTS.—A person who is not identified as a
prospective subcontractor in accordance with para-
graph (1) by the prime contractor for an umbrella
contract awarded by the Department shall not be eli-
gible to perform any task order as a subcontractor
under the umbrella contract.
(3) WAIVER.—
(A) The Secretary (or a designee who is an
officer of the Department at or above the level
of the senior procurement executive of the De-
partment designated pursuant to section 16(3)
of the Office of Federal Procurement Policy Act
(41 U.S.C. 414(3)) may waive the application
of the restriction set forth in paragraph (2) to
a task order if the Secretary determines in writ-
ing that unusual circumstances exist making
such a waiver in the interests of the Govern-
ment.
(B) For purposes of subparagraph (A), the
term ‘‘unusual circumstances’’ means—
(i) insolvency, nonresponsibility, sus-
pension, or debarment of all subcontractors
identified pursuant to paragraph (1) that
are qualified to perform a task order for
which the waiver is granted;
(ii) a lack of any technical skills nec-
essary to perform the task order for which
the waiver is granted, by all subcontractors
identified pursuant to paragraph (1);
(iii) other circumstances similar to
those referred to in clauses (i) and (ii); or
(iv) any identifiable emergency or
other urgent requirement determined by
the Secretary in writing to exist.
(4) COMPETITION.—In any case in which the
Secretary or his or her designee grants a waiver
under paragraph (3), the award by the prime con-
tractor to the subcontractor of a subcontract to per-
form a task for which the waiver is granted shall be
on a competitive basis unless the written determina-
tion under paragraph (3)—
(A) approves a noncompetitive award; and
(B) includes a finding that—
(i) an identifiable emergency or other
urgent requirement exists; or
(ii) no other qualified source is rea-
sonably available.
(5) LIMITATION ON APPLICATION.—This sub-
section shall not apply to a response action contract
(as that term is defined in section 119(e) of the
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9619(e)),
as in effect on the date of the enactment of this
Act).
(e) PROVISIONS NOT AFFECTED.—Nothing in this
section shall be construed as amending, modifying, or su-
perseding, or is intended to impair or restrict authorities
or responsibilities under—
(1) title IX of the Federal Property and Admin-
istrative Services Act of 1949 (40 U.S.C. 541 et
seq.), commonly referred to as the ‘‘Brooks Archi-
tect-Engineers Act’’;
(2) the Small Business Act (15 U.S.C. 631 et
seq.), including section 8(a) of that Act (15 U.S.C.
637(a)); or
(3) title X of the Act of November 15, 1990
(42 U.S.C. 7601 note), popularly known as the
‘‘Clean Air Act Amendments of 1990’’, relating to
disadvantaged business concerns.
(f) DEFINITIONS.—In this section—
(1) 
the 
term 
‘‘advisory 
and 
assistance
services’’—
(A) 
means 
services 
to 
support 
or
improve—
(i) agency policy development, deci-
sionmaking, management, and administra-
tion; or
(ii) the operation of management sys-
tems; and
(B) includes—
(i) management and professional sup-
port services;
(ii) the conduct of studies, analyses,
and evaluations; and
(iii) engineering and technical serv-
ices, including services provided under a
response action contract (as that term is
used in subsection (a)(1)(A)); and
(2) the term ‘‘umbrella contract’’ means a con-
tract by the Department that—
(A) provides for the performance of spe-
cific advisory and assistance services;
(B) does not procure or specify a firm
quantity of services;
(C) provides for services to be supplied to
the Government in response to specific task or-
ders to the contractor from the Government;
(D) requires the contractor to provide a
stated amount of effort over a given period of
time (commonly referred to as a ‘‘level of effort
contract’’);