[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 171 Engrossed in Senate (ES)]

103d CONGRESS

  1st Session

                                 S. 171

_______________________________________________________________________

                                 AN ACT

To establish the Department of Environmental Protection, provide for a 
  Bureau of Environmental Statistics and a Presidential Commission on 
      Improving Environmental Protection, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  1st Session
                                 S. 171

_______________________________________________________________________

                                 AN ACT


 
To establish the Department of Environmental Protection, provide for a 
  Bureau of Environmental Statistics and a Presidential Commission on 
      Improving Environmental Protection, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 
Environmental Protection Act of 1993''.
    (b) Table of Contents.--The table of contents is 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 Environmental Protection.
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. Small business compliance assistance.
Sec. 109. Small governmental jurisdiction compliance assistance.
Sec. 110. Bureau of Environmental Statistics.
Sec. 111. Grant and contract authority for certain activities.
Sec. 112. Study of data needs.
Sec. 113. Miscellaneous employment restrictions.
Sec. 114. Termination of the Council on Environmental Quality and 
                            transfer of functions.
Sec. 115. Administrative provisions.
Sec. 116. Inherently governmental functions.
Sec. 117. References.
Sec. 118. Savings provisions.
Sec. 119. Conforming amendments.
Sec. 120. Additional conforming amendments.
Sec. 121. Sense of the Senate.
Sec. 122. Office of Environmental Justice.
Sec. 123. Human health and safety or the environment final regulations.
Sec. 124. Wetland determinations by a single agency.
 TITLE II--ESTABLISHMENT OF THE COMMISSION ON IMPROVING ENVIRONMENTAL 
                               PROTECTION

Sec. 201. Establishment; membership.
Sec. 202. Commission responsibilities.
Sec. 203. Report to the President and Congress.
Sec. 204. Commission staff.
Sec. 205. Advisory groups.
Sec. 206. Termination of Commission.
Sec. 207. Funding; authorization of appropriations.
                       TITLE III--EFFECTIVE DATE

Sec. 301. Effective date.

 TITLE I--ELEVATION OF THE ENVIRONMENTAL PROTECTION AGENCY TO CABINET 
                                 LEVEL

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Department of Environmental 
Protection 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 environment a priority which is at 
        least equal to that assigned to other functions of the Federal 
        Government;
            (2) protection of the environment increasingly involves 
        cooperation 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 departmental status; and
            (4) a cabinet-level Department of Environmental Protection 
        should be established.

SEC. 103. ESTABLISHMENT OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION.

    (a) Redesignation.--The Environmental Protection Agency is hereby 
redesignated as the Department of Environmental Protection (hereafter 
referred to as the ``Department'') and shall be an executive department 
in the executive branch of the Government. The official acronym of the 
Department shall be the ``U.S.D.E.P.''.
    (b) Secretary of Environmental Protection.--(1) There shall be at 
the head of the Department a Secretary of Environmental Protection who 
shall be appointed by the President, by and with the advice and consent 
of the Senate. The Department shall be administered under the 
supervision and direction of the Secretary.
    (2) The Secretary may not assign duties for or delegate authority 
for the supervision of the Assistant Secretaries, the General Counsel, 
the Director of Environmental Statistics, or the Inspector General of 
the Department to any officer of the Department other than the Deputy 
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 officers 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 Department a Deputy 
Secretary of Environmental Protection, 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 
prescribe and shall act as the Secretary during the absence or 
disability of the Secretary or in the event of a vacancy in the 
position of Secretary.
    (d) Office of the Secretary.--The Office of the Secretary shall 
consist of a Secretary and a Deputy Secretary and may include an 
Executive Secretary and such other executive officers as the Secretary 
may determine necessary.
    (e) Regional Offices.--The Secretary is authorized to establish, 
alter, discontinue, or maintain such regional or other field offices as 
he may determine necessary to carry out the functions vested in him or 
other officials of the Department.
    (f) International Responsibilities of the Secretary.--(1) In 
addition to exercising other international responsibilities under 
existing provisions of law, the Secretary is--
            (A) encouraged to assist the Secretary of State to carry 
        out his primary responsibilities for coordinating, negotiating, 
        implementing and participating in international agreements, 
        including participation in international organizations, 
        relevant to environmental protection; and
            (B) authorized and encouraged to--
                    (i) conduct research on and apply existing research 
                capabilities to the nature and impacts of international 
                environmental problems and develop responses to such 
                problems; and
                    (ii) provide technical and other assistance to 
                foreign countries and international bodies to improve 
                the quality of the environment.
    (2) The Secretary of State shall consult with the Secretary of 
Environmental Protection and such other persons as he determines 
appropriate on such negotiations, implementations, and participations 
described under paragraph (1)(A).
    (g) Authority of the Secretary Within the Department.--Except as 
provided under section 112, nothing in the provisions of this Act--
            (1) authorizes the Secretary of Environmental Protection to 
        require any action by any officer of any executive department 
        or agency other than officers of the Department of 
        Environmental Protection, except that this paragraph shall not 
        affect any authority provided for by any other provision of law 
        authorizing the Secretary of Environmental Protection to 
        require any such actions;
            (2) modifies any Federal law that is administered by any 
        executive department or agency; or
            (3) transfers to the Department of Environmental Protection 
        any authority exercised by any other Federal executive 
        department or agency prior to the date of the enactment of this 
        Act, except the authority exercised by the Environmental 
        Protection Agency.
    (h) Application to the Department of Environmental Protection.--The 
provisions of this Act apply only to activities of the Department of 
Environmental Protection, except where expressly provided otherwise.
    (i) Issuance of Permits.--
            (1) Guides.--At the time a person or small business concern 
        (as defined in section 3 of the Small Business Act), including 
        family farms, contacts an officer or employee of the Department 
        to obtain a permit to engage in an activity under the 
        jurisdiction of the Department, the Secretary shall make 
        available, on request of the person, an employee of the 
        Department to--
                    (A) act as a guide for the applicant in obtaining 
                all necessary permits for the activity in the least 
                quantity of time practicable; and
                    (B) facilitate the gathering and dissemination of 
                information with respect to the Federal agencies and 
                departments and agencies of States and political 
                subdivisions of States that have a regulatory interest 
                in the activity to reduce the period required to obtain 
                all such necessary permits.
            (2) Duties of secretary.--In issuing a permit to an 
        applicant to carry out an activity under the jurisdiction of 
        the Department, the Secretary shall--
                    (A) provide assistance and guidance to, and 
                otherwise facilitate the processing of the application 
                for, the applicant; and
                    (B) set reasonable deadlines for action to be taken 
                on an application for the permit.
            (3) Use of guides.--An applicant that chooses to use the 
        services of a guide referred to in paragraph (1) may 
        subsequently choose not to use the services at any time after 
        requesting the guide.

SEC. 104. ASSISTANT SECRETARIES.

    (a) Establishment of Positions.--There shall be in the Department 
such number of Assistant Secretaries, not to exceed 12, 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 Secretaries.--(1) The Secretary 
shall assign to Assistant Secretaries such responsibilities as the 
Secretary considers appropriate, including, but not limited to--
            (A) enforcement;
            (B) compliance monitoring;
            (C) research and development;
            (D) air;
            (E) radiation;
            (F) water;
            (G) pesticides;
            (H) toxic substances;
            (I) solid waste;
            (J) hazardous waste;
            (K) hazardous waste cleanup;
            (L) emergency response;
            (M) international affairs;
            (N) policy, planning, and evaluation;
            (O) pollution prevention;
            (P) congressional affairs;
            (Q) intergovernmental affairs;
            (R) public affairs;
            (S) administration and resources management, information 
        resources management, procurement and assistance management, 
        and personnel and labor relations; and
            (T) regional operations and State and local capacity.
    (2) The Secretary may assign and modify any responsibilities at his 
discretion under paragraph (1), except that the Secretary may not 
modify the responsibilities of any Assistant Secretary without prior 
written notification with explanation of such modification to the 
appropriate committees of the Senate and the House of Representatives.
    (3) One of the Assistant Secretaries referred to under paragraph 
(1) shall be an Assistant Secretary for Indian Lands and shall be 
responsible for policies relating to the environment of Indian lands 
and affecting Native Americans.
    (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 Environmental Protection, 
Assistant Administrators of the Agency shall be redesignated as 
Assistant Secretaries of the Department, the General Counsel and the 
Inspector General of the Agency shall be redesignated as the General 
Counsel and the Inspector General of the Department, and the Chief 
Financial Officer of the Agency shall be redesignated as the Chief 
Financial Officer of the Department, without renomination or 
reconfirmation.
    (e) Chief Information Resources Officer.--(1) The Secretary shall 
designate the Assistant Secretary whose responsibilities include 
information resource management 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 resource management 
        activities of the Department as required by section 3506 of 
        title 44, United States Code;
            (B) develop and maintain an information resources 
        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, paperwork reduction, privacy 
                and security of records, sharing and dissemination of 
                information, acquisition and use of information 
                technology, and other information resource management 
                functions;
                    (iii) the periodic evaluation of and, as needed, 
                the planning and implementation of improvements 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 information 
                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 Secretaries as the Secretary may 
determine.
    (b) Appointments.--Each Deputy Assistant Secretary--
            (1) shall be appointed by the Secretary; and
            (2) shall perform such functions as the Secretary 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 President, by and with the advice and consent of 
the Senate. 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. 107. OFFICE OF THE INSPECTOR GENERAL.

    The Office of Inspector General of the Environmental Protection 
Agency, established in accordance with the Inspector General Act of 
1978, is hereby redesignated as the Office of Inspector General of the 
Department of Environmental Protection.

SEC. 108. SMALL BUSINESS COMPLIANCE ASSISTANCE.

    (a) Establishment.--
            (1) In general.--The Secretary of Environmental Protection 
        shall establish within the Department a Small Business 
        Ombudsman Office (hereafter in this section referred to as the 
        ``Office''). The Office shall be headed by a Director 
        designated by the Secretary.
            (2) Duties.--
                    (A) In general.--The Director shall report directly 
                to the Secretary. The Secretary, acting through the 
                Director, shall develop and carry out programs of 
                environmental compliance and technical assistance for 
                small business concerns (as defined in section 3 of the 
                Small Business Act), including family farms.
                    (B) Specific duties.--The duties of the Office 
                shall include--
                            (i) providing to small business concerns--
                                    (I) confidential compliance 
                                assistance;
                                    (II) explanations of environmental 
                                regulatory requirements; and
                                    (III) available environmental 
                                reports and documents;
                            (ii) assembling and disseminating to small 
                        business concerns information on approaches to 
                        achieving compliance with environmental laws 
                        and improving environmental performance and 
                        product yield, including new environmental 
                        technologies and techniques for preventing 
                        pollution;
                            (iii) carrying out the functions assigned 
                        to the Small Business Ombudsman under section 
                        507 of the Clean Air Act Amendments of 1990;
                            (iv) serving as the Department's liaison to 
                        and advocate for the small business community;
                            (v) ensuring, as appropriate, consideration 
                        of the concerns of small business in the 
                        regulatory development process, including 
                        ensuring that reporting requirements are 
                        consistent and avoid unnecessary redundancy 
                        across regulatory programs, to the extent 
                        possible, and ensuring effective implementation 
                        of the Regulatory Flexibility Act;
                            (vi) coordinating the Department's small 
                        business compliance and technical assistance 
                        programs with other Federal and State agencies 
                        having responsibilities for carrying out and 
                        enforcing environmental laws; and
                            (vii) providing assistance in permitting, 
                        where appropriate.
    (b) Coordination With National Institute of Standards and 
Technology.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Environmental Protection and the Secretary 
of Commerce shall enter into such agreements as may be necessary to 
permit the Department to provide technical assistance and support to 
the Manufacturing Technology Centers administered by the National 
Institute of Standards and Technology of the Department of Commerce. 
Such assistance shall include--
            (1) preparing environmental assistance packages for small 
        business concerns generally, and where appropriate, for 
        specific small business sectors, including information on--
                    (A) environmental compliance requirements and 
                methods for achieving compliance;
                    (B) new environmental technologies;
                    (C) alternatives for preventing pollution that are 
                generally applicable to the small business sector; and
                    (D) guidance for identifying and applying 
                opportunities for preventing pollution at individual 
                facilities;
            (2) providing technical assistance to small business 
        concerns seeking to act on the information provided under 
        paragraph (1);
            (3) coordinating with the National Institute of Standards 
        and Technology to identify those small business sectors that 
        need improvement in environmental compliance or in developing 
        methods to prevent pollution; and
            (4) developing and implementing an action plan for 
        providing assistance to improve environmental performance of 
        small business sectors in need of such improvement.
    (c) Coordination With Other Federally Supported Extension 
Programs.--The Secretary of Environmental Protection may coordinate 
with other small business and agricultural extension programs and 
centers, as appropriate, to provide environmental assistance to small 
businesses.

SEC. 109. SMALL GOVERNMENTAL JURISDICTION COMPLIANCE ASSISTANCE.

    (a)  In General.--The Secretary of Environmental Protection shall 
develop and carry out programs of environmental compliance and 
technical assistance for small governmental jurisdictions as defined in 
section 601(5) of title 5, United States Code.
    (b) Specific duties.--The duties of the Secretary of Environmental 
Protection shall include--
            (1) providing to small governmental jurisdictions--
                    (A) compliance assistance;
                    (B) explanations of environmental regulatory 
                requirements; and
                    (C) available environmental reports and documents;
            (2) assembling and disseminating to small governmental 
        jurisdictions information on approaches to achieving compliance 
        with environmental laws and improving environmental 
        performance, including new environmental technologies and 
        techniques for preventing pollution;
            (3) designating liaisons to serve as advocates for small 
        governmental jurisdictions, as appropriate;
            (4) ensuring, as appropriate, consideration of the concerns 
        of small governmental jurisdictions in the regulatory 
        development process, including ensuring that reporting 
        requirements are consistent and avoid unnecessary redundancy 
        across regulatory programs, to the extent possible, and 
        ensuring effective implementation of the Regulatory Flexibility 
        Act; and
            (5) coordinating the Department of Environmental 
        Protection's small governmental jurisdiction environmental 
        compliance and technical assistance programs with other Federal 
        and State agencies having responsibilities for carrying out and 
        enforcing environmental laws; and
            (6) providing assistance in permitting, where appropriate.

SEC. 110. BUREAU OF ENVIRONMENTAL STATISTICS.

    (a) Establishment.--(1) There is established within the Department 
a Bureau of Environmental Statistics (hereafter referred to as the 
``Bureau''). The Bureau shall be responsible for--
            (A) compiling, analyzing, and publishing a comprehensive 
        set of environmental quality statistics which should provide 
        timely summary in the form of industrywide aggregates, 
        multiyear averages, or totals or some similar form and include 
        information on--
                    (i) the nature, source, and amount of pollutants in 
                the environment; and
                    (ii) the effects on the public and the environment 
                of those pollutants;
            (B) promulgating guidelines for the collection of 
        information by the Department required for the statistics under 
        this paragraph to assure that the information 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 conducted by other Federal 
        agencies;
            (D) making readily accessible the statistics published 
        under this paragraph; and
            (E) identifying missing information of the kind described 
        under subparagraph (A) (i) and (ii), reviewing these 
        information needs at least annually with the Science Advisory 
        Board, and making recommendations to the appropriate Department 
        of Environmental Protection 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. The Bureau shall not duplicate the information collection 
functions of other Federal agencies.
    (3) Information compiled by the Bureau of Environmental Statistics, 
which has been submitted for purposes of statistical reporting 
requirements 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 governments, or reveal the identity of any 
individual consistent with the provisions of section 552a of title 5, 
United States Code (the Privacy Act of 1974). This paragraph shall not 
affect the availability of data provided to the Department under any 
other provision of law administered by the Department. The 
confidentiality provisions of other statutes authorizing the collection 
of environmental statistics shall also apply, including 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 referred 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 Report.--On July 1, 1995, and 
each July 1 thereafter, the Director shall submit to the President an 
Environmental Statistics Annual Report (hereafter referred to as the 
``Report''). The Report shall include, but not be limited to--
            (1) statistics on environmental quality including--
                    (A) The environmental quality of the Nation with 
                respect to all aspects of the environment, 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 environmental 
        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 protection; and
            (5) recommendations on improving environmental statistical 
        information.
    (d) Continuing Performance of the Functions of the Director Pending 
Confirmation.--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 assigned to an individual appointed as the Director 
under this Act.
    (e) Advisory Council on Environmental Statistics.--The Director 
shall appoint an Advisory Council on Environmental Statistics, 
comprised of no more than 6 private citizens who have expertise in 
environmental statistics and analysis (except that at least one of such 
appointees should have expertise in economics) to advise the Director 
on environmental statistics and analyses, including 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 
Committee Act.
    (f) Review of Regulations.--For each proposed new regulation and 
each proposed change to existing regulations the Director shall publish 
in the Federal Register as part of the notice of the proposed 
rulemaking, a comprehensive assessment of specific costs and benefits 
resulting from implementation of the proposed new regulation or the 
proposed regulatory change including an assessment of the total number 
of direct and indirect jobs to be gained or lost as a result of 
implementation of the proposed new regulation or the proposed 
regulatory change. Such assessment shall be required to the extent that 
the Department of Environmental Protection is not in compliance with 
any applicable Executive Order requiring an analysis of costs and 
benefits for proposed regulations submitted to the Office of Management 
and Budget for review. The assessment required by this subsection shall 
not be construed to amend, modify, or alter any statute and shall not 
be subject to judicial review. Nothing in this section shall be 
construed to grant a cause of action to any person.

SEC. 111. GRANT AND CONTRACT AUTHORITY FOR CERTAIN ACTIVITIES.

    The Secretary may make grants to and enter into contracts with 
State and local governments, Indian tribes, universities, and other 
organizations 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. 112. STUDY OF DATA NEEDS.

    (a) Study of Data Needs.--(1) No later than 1 year after the start 
of Bureau operations, the Secretary of the Department of Environmental 
Protection, in consultation with the Director of the Bureau and the 
Assistant Secretary designated as Chief Information Resources Officer, 
shall enter into an agreement with the National 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 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 resources, 
needs, and requirements, and shall include an assessment and evaluation 
of the following systems, capabilities, 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 to integrate data bases;
            (D) computer hardware and software capabilities;
            (E) management information systems, including the ability 
        to integrate management information systems;
            (F) Department personnel; and
            (G) the Department's budgetary needs and resources 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 
        purposes.
    (2) The report shall include recommendations for improving the 
Department's data collection systems, capabilities, procedures, data 
collection, and analytical hardware and software, and for improving its 
management information systems.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as necessary to carry out the provisions of this 
section.

SEC. 113. 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 estimated 
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 execution of this title.

SEC. 114. TERMINATION OF THE COUNCIL ON ENVIRONMENTAL QUALITY AND 
              TRANSFER OF FUNCTIONS.

    (a) Transfer of Functions of the Council on Environmental 
Quality.--(1) Except as provided under paragraph (2), all functions of 
the Council on Environmental Quality under titles I and II of the 
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and under 
any other law, are transferred to the Secretary. The Secretary is 
authorized to take all necessary action, including the promulgation of 
regulations, to carry out these functions.
    (2) Referrals of interagency disagreements concerning proposed 
major Federal actions significantly affecting the quality of the human 
environment under section 102(2)(C) of the National Environmental 
Policy Act (42 U.S.C. 102(2)(C)) and concerning matters under section 
309(b) of the Clean Air Act (42 U.S.C. 7609(b)) shall be made to the 
President for resolution.
    (b) Termination of the Council on Environmental Quality.--(1) 
Section 204 of the National Environmental Policy Act (42 U.S.C. 4344) 
is amended by striking out ``Council'' and inserting in lieu thereof 
``Secretary of Environmental Protection''.
    (2) Sections 202, 203, 205, 206, 207, and 208 of the National 
Environmental Policy Act (42 U.S.C. 4342, 4343, 4345, 4346, 4346a, and 
4346b) are repealed.
    (3) The Environmental Quality Improvement Act of 1970 (42 U.S.C. 
4371 through 4375) is repealed.
    (4) Section 204 of the National Environmental Policy Act (42 U.S.C. 
4344) (as amended by paragraph (1) of this subsection) is redesignated 
as section 202 of such Act.
    (5) The heading for title II of the National Environmental Policy 
Act is amended to read as follows:

                               ``TITLE II

                   ``environmental quality report''.

    (c) References in Federal Law.--Reference in any other Federal law, 
Executive order, rule, regulation, or delegation of authority, or any 
document of or relating to the Council on Environmental Quality--
            (1) with regard to functions transferred under subsection 
        (a)(1), shall be deemed to refer to the Secretary; and
            (2) with regard to disagreements and matters described 
        under subsection (a)(2), shall be deemed to refer to the 
        President.
    (d) Availability of Funds.--Unobligated funds available to the 
Council on Environmental Quality shall remain available to the 
Department until expended for the gradual and orderly termination of 
the Council and transfer of Council functions as provided in this Act.
    (e) Savings Provisions.--(1) All orders, determinations, rules, 
regulations, permits, agreements, grants, contracts, certificates, 
licenses, registrations, privileges, and other administrative actions--
            (A) which have been issued, made, granted, or allowed to 
        become effective by the President, by the Council on 
        Environmental Quality, or by a court of competent jurisdiction, 
        in the performance of functions of the Council on Environmental 
        Quality, and
            (B) 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 of Environmental Protection, or other 
authorized official, a court of competent jurisdiction, or by operation 
of law.
    (2) The provisions of this Act shall not affect any proceedings or 
any application for any license, permit, certificate, or financial 
assistance pending before the Council on Environmental Quality 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, terminated, 
superseded, or revoked by a duly authorized official, by a court of 
competent jurisdiction, or by operation of law. Nothing in this 
paragraph shall be deemed to prohibit the discontinuance or 
modification of any such proceeding under the same terms and conditions 
and to the same extent that such proceeding could have been 
discontinued or modified if this Act had not been enacted.
    (3) The provisions of this section 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.
    (4) No suit, action, or other proceeding commenced by or against 
the Council on Environmental Quality, or by or against any individual 
in the official capacity of such individual as an officer of the 
Council on Environmental Quality, shall abate by reason of the 
enactment of this Act.
    (5) Any administrative action relating to the preparation or 
promulgation of a regulation by the Council on Environmental Quality 
may be continued by the Department or the President with the same 
effect as if this Act had not been enacted.
    (6) The contracts, liabilities, records, property, and other assets 
and interests of the Council on Environmental Quality shall, after the 
effective date of this Act, be considered to be the contracts, 
liabilities, records, property, and other assets and interests of the 
Department.

SEC. 115. ADMINISTRATIVE PROVISIONS.

    (a) Acceptance of Money and Property.--(1) The Secretary may accept 
and retain money, uncompensated 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, bequests, 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 
United 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 objective 
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 effective date of this Act, 
the seal of the Environmental Protection Agency with appropriate 
changes shall be the seal of the Department of Environmental 
Protection, until such time as the Secretary may cause a seal of office 
to be made for the Department of Environmental Protection 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:
``Sec. 716. Department of Environmental Protection Seal
    ``(a) Whoever knowingly displays any printed or other likeness of 
the official seal of the Department of Environmental Protection, 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, monument, or stationery, for the purpose of conveying, or in 
a manner reasonably calculated to convey, a false impression of 
sponsorship or approval by the Government of the United States or by 
any department, agency, or instrumentality 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 Environmental Protection and published in the 
Federal Register, knowingly manufactures, reproduces, sells, or 
purchases for resale, either separately or appended to any article 
manufactured or sold, any likeness of the official seal of the 
Department of Environmental Protection, 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 enjoined at the 
suit of the Attorney General of the United States upon complaint by any 
authorized representative of the Secretary of the Department of 
Environmental Protection.''.
    (B) The table of sections for chapter 33 of title 18, United States 
Code, is amended by adding at the end thereof:

``716. Department of Environmental Protection 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 applications 
        for patents; and
            (3) releases, before suit is brought, for past infringement 
        of patents or copyrights.
    (d) Advisory Committee Compensation.--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. 116. INHERENTLY GOVERNMENTAL FUNCTIONS.

    (a) Government Officers and Employees.--(1) Inherently governmental 
functions of the Department shall be performed only by officers and 
employees of the United States. For purposes of this section, the term 
``inherently governmental function'' means any activity which is so 
intimately related to the public interest as to mandate performance by 
Government officers and employees. Inherently governmental functions 
include those activities which require either the exercise of 
discretion in applying Government authority or the use of value 
judgment in making decisions for the Government. The Secretary shall 
promulgate regulations or internal guidance to implement this section. 
This section is not intended, and may not be construed, to create any 
right or benefit, substantive or procedural, enforceable at law by a 
party against the United States, the Department, its officers, or any 
person.
    (b) Conflicts of Interest.--(1) The Secretary shall by regulation 
require any person proposing to enter into a contract, grant, or 
cooperative agreement whether by sealed bid or negotiation, for the 
conduct of research, development, evaluation activities, or for 
consulting services, to provide the Secretary, prior to entering into 
any such contract, agreement, or arrangement, 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 advantage.
    (2) Such person shall ensure, in accordance with regulations 
prescribed by the Secretary, compliance with this section by 
subcontractors of such person who are engaged to perform similar 
services.
    (3) For purposes of this subsection, the term ``consulting 
services'' includes--
            (A) management and professional support services;
            (B) studies, analyses, and evaluations;
            (C) engineering and technical services, excluding routine 
        engineering services such as automated data processing and 
        architect and engineering contracts; and
            (D) research and development.
    (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 he affirmatively finds, after 
evaluating all such information and any other relevant information 
otherwise available to him, 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 arrangement, 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 contract, 
        agreement, or arrangement to mitigate such conflict.
    (d) Public Notice Regarding Conflicts of Interest.--The Secretary 
shall promulgate regulations which require public notice to be given 
whenever the Secretary 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 preclude the 
Department from promulgating regulations to monitor potential conflicts 
after the contract award.
    (f) 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 controlled to safeguard any proprietary 
information.
    (g) Regulations.--No later than 120 days after the effective date 
of this Act, the Secretary shall promulgate regulations for the 
implementation of this section.

SEC. 117. REFERENCES.

    Reference in any other Federal law, Executive order, rule, 
regulation, or delegation of authority, or any document of or 
pertaining--
            (1) to the Administrator of the Environmental Protection 
        Agency shall be deemed to refer to the Secretary of 
        Environmental Protection;
            (2) to the Environmental Protection Agency shall be deemed 
        to refer to the Department of Environmental Protection;
            (3) to the Deputy Administrator of the Environmental 
        Protection Agency shall be deemed to refer to the Deputy 
        Secretary of Environmental Protection; or
            (4) to any Assistant Administrator of the Environmental 
        Protection Agency shall be deemed to refer to an Assistant 
        Secretary of the Department of Environmental Protection.

SEC. 118. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents.--All orders, 
determinations, rules, regulations, permits, agreements, grants, 
contracts, certificates, licenses, registrations, 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 of Environmental Protection, 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 application for any license, permit, 
certificate, or financial assistance 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, terminated, 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 extent 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 Environmental 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 
reason of the enactment of this Act.
    (e) Administrative Actions Relating to Promulgation of 
Regulations.--Any administrative action relating to the preparation or 
promulgation of a regulation 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, liabilities, 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 contracts, liabilities, records, property, and 
other assets and interests of the Department.
    (g) Savings.--The Department of Environmental Protection and its 
officers, employees, and agents shall have all the powers and 
authorities of the Environmental Protection Agency.

SEC. 119. 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: ``, Secretary of Environmental Protection''.
    (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 Environmental Protection''.
    (c) Compensation, Level I.--Section 5312 of title 5, United States 
Code, is amended by adding at the end thereof the following: 
``Secretary of Environmental Protection''.
    (d) Compensation, Level II.--Section 5313 of title 5, United States 
Code, is amended by striking out ``Administrator of Environmental 
Protection Agency'' and inserting in lieu thereof ``Deputy Secretary of 
Environmental Protection''.
    (e) Compensation, Level IV.--Section 5315 of title 5, United States 
Code, is amended--
            (1) by striking out ``Inspector General, Environmental 
        Protection Agency'' and inserting in lieu thereof ``Inspector 
        General, Department of Environmental Protection''; and
            (2) by striking each reference to an Assistant 
        Administrator of the Environmental Protection Agency and by 
        adding at the end thereof the following:
            ``Assistant Secretaries, Department of Environmental 
        Protection (12).
            ``General Counsel, Department of Environmental 
        Protection.''; and
            (3) by striking out ``Chief Financial Officer, 
        Environmental Protection agency'' and inserting in lieu thereof 
        ``Chief Financial Officer, Department of Environmental 
        Protection''.
    (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 Statistics, 
        Department of Environmental Protection.
            ``Executive Director of the Commission on Improving 
        Environmental Protection.''.
    (g) Inspector General Act.--The Inspector General Act of 1978 is 
amended--
            (1) in section 11(1), by inserting ``Environmental 
        Protection,'' after ``Energy,''; and
            (2) in section 11(2), by inserting ``Environmental 
        Protection,'' after ``Energy,''.

SEC. 120. ADDITIONAL CONFORMING AMENDMENTS.

    After consultation with the Committee on Governmental 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 of Environmental 
Protection shall prepare and submit to the Congress legislation which 
the Secretary determines is necessary and appropriate containing 
technical and conforming amendments to the United States Code, and to 
other provisions of law, to reflect the changes made by this Act.

SEC. 121. SENSE OF THE SENATE.

    It is the sense of the Senate that building the capacity of State 
and local governments to more efficiently and effectively implement and 
manage environmental regulations should be a primary mission of the 
Department of Environmental Protection.

SEC. 122. OFFICE OF ENVIRONMENTAL JUSTICE.

    There is established within the Department the Office of 
Environmental Justice. The Office of Environmental Justice shall--
            (1) develop a strategic plan to ensure equality in 
        environmental protection;
            (2) evaluate whether environmental policy is helping 
        individuals who suffer the highest exposure to pollution, and 
        identify opportunities for preventing or reducing such 
        exposure;
            (3) compile an annual report on progress in achieving 
        environmental equity;
            (4) require the collection of data on environmental health 
        effects so that impacts on different individuals or groups can 
        be understood;
            (5) identify environmental high impact areas which are 
        subject to the highest loadings of toxic chemicals, through all 
        media; and
            (6) assess the health effects that may be caused by 
        emissions in the environmental high impact areas of highest 
        impact.

SEC. 123. HUMAN HEALTH AND SAFETY OR THE ENVIRONMENT FINAL REGULATIONS.

    (a) In promulgating any final regulation relating to human health 
and safety or the environment after the date of enactment of this Act, 
the Secretary of Environmental Protection shall publish in the Federal 
Register--
            (1) an estimate, performed with as much specificity as 
        practicable, of the risk to the health and safety of individual 
        members of the public addressed by the regulation and its 
        affect on human health or the environment and the costs 
        associated with implementation of, and compliance with, the 
        regulation;
            (2) a comparative analysis of the risk addressed by the 
        regulation relative to other risks to which the public is 
        exposed;
            (3) the Secretary's certification that--
                    (A) the estimate under paragraph (1) and the 
                analysis under paragraph (2) are based upon a 
                scientific evaluation of the risk to the health and 
                safety of individual members of the public and to human 
                health or the environment and are supported by the best 
                available scientific data;
                    (B) the regulation will substantially advance the 
                purpose of protecting the human health and safety or 
                the environment against the specified identified risk; 
                and
                    (C) the regulation will produce benefits to the 
                human health and safety or the environment that will 
                justify the cost to the Government and the public of 
                implementation of and compliance with the regulation.
    (b) In the event that the Secretary cannot make the certification 
required under subsection (a), the Secretary shall report to Congress 
that such certification cannot be made and shall include a statement of 
the reasons therefor in such report and in the final regulation.
    (c) The certification required by this section shall not be 
construed to amend, modify, or alter any statute and shall not be 
subject to judicial review. Nothing in this section shall be construed 
to grant a cause of action to any person.

SEC. 124. WETLAND DETERMINATIONS BY A SINGLE AGENCY.

    In consultation with the Secretary of Agriculture, the Secretary of 
Environmental Protection, the Secretary of the Army, and the Secretary 
of the Interior, the President shall, within 90 days of the date of 
enactment of this Act, make recommendations and report to the Congress 
on measures to--
            (1) provide that a single Federal agency be responsible for 
        making technical determinations, including identification of 
        wetlands, on agricultural lands with respect to wetland or 
        converted wetland in order to reduce confusion among 
        agricultural producers; and
            (2) provide that the Soil Conservation Service be the 
        Federal agency responsible for all such technical 
        determinations concerning wetlands on agricultural lands.

 TITLE II--ESTABLISHMENT OF THE COMMISSION ON IMPROVING ENVIRONMENTAL 
                               PROTECTION

SEC. 201. ESTABLISHMENT; MEMBERSHIP.

    (a) Establishment.--There is established the Commission on 
Improving Environmental Protection (hereafter 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 organizations and environmental regulation 
and improved environmental governmental service delivery, consisting 
of--
            (1) 7 members to be appointed by the President;
            (2) 2 members to be appointed by the Speaker of the House 
        of Representatives;
            (3) 1 member to be appointed by the Minority Leader of the 
        House of Representatives;
            (4) 2 members to be appointed by the Senate Majority 
        Leader; and
            (5) 1 member to be appointed by the Senate Minority Leader.
    (b) Chairman.--The Chairman of the Commission shall be appointed by 
the President.
    (c) Political Party Affiliation.--Notwithstanding any other 
provision of this section, no more than 7 members of the Commission may 
be from the same political party.

SEC. 202. COMMISSION RESPONSIBILITIES.

    (a) Responsibilities.--The Commission shall be responsible for 
examining and making recommendations on the management and 
implementation of the environmental laws and programs within the 
jurisdiction of the Department of Environmental Protection 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 different programs;
            (3) enhance the coordination between different programs and 
        offices within the Department;
            (4) enhance the consistency of policies throughout the 
        Department;
            (5) establish new and enhanced small business and small 
        governmental jurisdictions compliance assistance programs, and 
        to strengthen organizational mechanisms in the Department for 
        providing better compliance and technical assistance to small 
        businesses and small governmental jurisdictions; and
            (6) enhance the capacity of State and local governments to 
        manage, finance, and implement environmental laws (including 
        regulations).
    (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.
    (c) Conflict of Interests.--For purposes of the provisions of 
chapter 11 of part I of title 18, United States Code, a member of the 
Commission (to whom such provisions would not otherwise apply except 
for this subsection) shall be a special Government employee.

SEC. 203. REPORT TO THE PRESIDENT AND CONGRESS.

    The Commission shall report to the President and the Congress on 
its investigation, findings, and recommendations 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 review and 
comment, and the comments taken into account in finalizing the report.

SEC. 204. 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 Schedule under section 5316 of 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. 205. ADVISORY GROUPS.

    The Chairman shall convene at least one advisory group to assist 
the Commission in developing its recommendations. One advisory group 
shall be composed of past staff of the Department of Environmental 
Protection and its predecessor Environmental Protection Agency, other 
Federal and State officials experienced in administering environmental 
protection programs, members of the regulated 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 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. The advisory group shall be subject to the provisions of the 
Federal Advisory Committee Act.

SEC. 206. TERMINATION OF COMMISSION.

    No later than 90 days after the date on which the Commission 
submits its final report, the Commission shall terminate unless 
otherwise directed by the President.

SEC. 207. FUNDING; AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $2,000,000 in fiscal year 
1993 and $2,000,000 in fiscal year 1994 to carry out the provisions of 
this title.

                       TITLE III--EFFECTIVE DATE

SEC. 301. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
such date during the 6-month period beginning 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.

            Passed the Senate May 4 (legislative day, April 19), 1993.

            Attest:






                                                             Secretary.

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