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

103d CONGRESS
  1st Session
                                 S. 171

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

Mr. Glenn (for himself, Mr. Boren, Mr. Bradley, Mr. Bryan, Mr. Bumpers, 
 Mr. Cohen, Mr. Dodd, Mr. Graham, Mr. Jeffords, Mr. Kennedy, Mr. Kohl, 
  Mr. Leahy, Mr. Levin, Mr. Lieberman, Ms. Mikulski, Mr. Riegle, Mr. 
 Lautenberg, and Mr. Sasser) introduced the following bill; which was 
    read twice and referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


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

    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 the 
Environment 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 the Environment.
Sec. 104. Assistant Secretaries.
Sec. 105. Deputy Assistant Secretaries.
Sec. 106. Office of the General Counsel.
Sec. 107. Office of the Inspector General.
Sec. 108. Bureau of Environmental Statistics.
Sec. 109. Grant and contract authority for certain activities.
Sec. 110. Study of data needs.
Sec. 111. Miscellaneous employment restrictions.
Sec. 112. Administrative provisions.
Sec. 113. Inherently governmental functions.
Sec. 114. References.
Sec. 115. Savings provisions.
Sec. 116. Conforming amendments.
Sec. 117. Additional conforming amendments.
  TITLE II--ENVIRONMENTAL ROLE OF THE UNITED STATES IN INTERNATIONAL 
                   ORGANIZATIONS TO WHICH IT BELONGS

Sec. 201. International energy conference.
Sec. 202. International greenhouse gas monitoring program.
 TITLE III--ESTABLISHMENT OF THE COMMISSION ON IMPROVING ENVIRONMENTAL 
                               PROTECTION

Sec. 301. Establishment; membership.
Sec. 302. Commission responsibilities.
Sec. 303. Report to the President and Congress.
Sec. 304. Commission staff.
Sec. 305. Advisory groups.
Sec. 306. Funding; authorization of appropriations.
                        TITLE IV--EFFECTIVE DATE

Sec. 401. Effective date.

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

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Department of the Environment 
Act''.

SEC. 102. FINDINGS.

    The Congress finds that--
            (1) recent concern with Federal environmental policy has 
        highlighted the necessity of assigning to protection of the 
        domestic and international 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 
        negotiations with foreign states, including the most highly 
        industrialized states all of whose top environmental officials 
        have ministerial status;
            (3) the size of the budget and the number of Federal civil 
        servants devoted to tasks associated with environmental 
        protection at the Environmental Protection Agency is 
        commensurate with departmental status; and
            (4) a cabinet-level Department of the Environment should be 
        established.

SEC. 103. ESTABLISHMENT OF THE DEPARTMENT OF THE ENVIRONMENT.

    (a) Redesignation.--The Environmental Protection Agency is hereby 
redesignated as the Department of the Environment (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.''.
    (b) Secretary of the Environment.--(1) 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. 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 the Environment, who shall be appointed by the President, 
by and with the advice and consent of the Senate. The Deputy Secretary 
shall perform such responsibilities as the Secretary shall prescribe 
and shall act as the Secretary during the absence or disability of the 
Secretary or in the event of a vacancy in the Office of Secretary.
    (d) Office of the Secretary.--The Office of the Secretary shall 
consist of a Secretary and a Deputy 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 the 
Environment 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.--Nothing in 
the provisions of this Act--
            (1) authorizes the Secretary of the Environment to require 
        any action by any officer of any executive department or agency 
        other than officers of the Department of the Environment, 
        except that this paragraph shall not affect any authority 
        provided for by any other provision of law authorizing the 
        Secretary of the Environment 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 the Environment 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 the Environment.--The 
provisions of this Act apply only to activities of the Department of 
the Environment, except where expressly provided otherwise.

SEC. 104. ASSISTANT SECRETARIES.

    (a) Establishment of Positions.--There shall be in the Department 
such number of Assistant Secretaries, not to exceed 10, as the 
Secretary shall determine, each of whom shall be appointed by the 
President, by and with the advice and consent of the Senate.
    (b) Responsibilities of Assistant Secretaries.--(1) The Secretary 
shall assign to Assistant Secretaries such responsibilities as the 
Secretary considers appropriate, including, but not limited to--
            (A) enforcement and compliance monitoring;
            (B) research and development;
            (C) air and radiation;
            (D) water;
            (E) pesticides and toxic substances;
            (F) solid waste;
            (G) hazardous waste;
            (H) hazardous waste cleanup;
            (I) emergency response;
            (J) international affairs;
            (K) policy, planning, and evaluation;
            (L) pollution prevention;
            (M) congressional, intergovernmental, and public affairs; 
        and
            (N) administration and resources management, including 
        financial and budget management, information resources 
        management, procurement and assistance management, and 
        personnel and labor relations.
    (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 
substantial prior written notification of such modification to the 
appropriate committees of the Senate and the House of Representatives.
    (c) Designation of Responsibilities Prior to Confirmation.--
Whenever the President submits the name of an individual to the Senate 
for confirmation as Assistant Secretary under this section, the 
President shall state the particular responsibilities of the Department 
such individual shall exercise upon taking office.
    (d) Continuing Performance of Functions.--On the effective date of 
this Act, the Administrator and Deputy Administrator of the 
Environmental Protection Agency shall be redesignated as the Secretary 
and Deputy Secretary of the Department of the Environment, Assistant 
Administrators of the Agency shall be redesignated as Assistant 
Secretaries of the Department, and the General Counsel and the 
Inspector General of the Agency shall be redesignated as the General 
Counsel and the Inspector General of the Department, without 
renomination or 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 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 the Environment.

SEC. 108. 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 Environment research officials concerning extramural and 
        intramural research programs to provide such information.
    (2) Nothing in the provisions of paragraph (1) shall authorize the 
Bureau to require the collection of any data by any other Department, 
State or local government, or to establish observation or monitoring 
programs.
    (3) Information compiled by the Bureau 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 January 1, 1992, 
and each January 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) Bureau Authorization of Appropriations.--There are authorized 
to be appropriated $5,400,000 in fiscal year 1993, $5,400,000 in fiscal 
year 1994, and such sums as necessary in each fiscal year thereafter to 
carry out the provisions of this section.

SEC. 109. GRANT AND CONTRACT AUTHORITY FOR CERTAIN ACTIVITIES.

    The Secretary may make grants to and enter into contracts with 
State and local governments to assist them in meeting the costs of 
collecting specific data and other short-term activities that are 
related to the responsibilities and functions under section 108(a)(1) 
(A), (B), (C), and (D).

SEC. 110. STUDY OF DATA NEEDS.

    (a) Study of Data Needs.--(1) No later than 1 year after the start 
of Bureau operations, the Secretary of the Department of Environment, 
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 of data bases to integrate with one 
        another;
            (D) computer hardware and software capabilities;
            (E) management information systems, including the ability 
        of management information systems to integrate with another;
            (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. 111. MISCELLANEOUS EMPLOYMENT RESTRICTIONS.

    (a) Prohibited Employment and Advancement Considerations.--Except 
as otherwise provided in this Act, political affiliation or political 
qualification may not be taken into account in connection with the 
appointment of any person to any position in the career civil service 
or in the assignment or advancement of any career civil servant in the 
Department.
    (b) Reports on Implementation.--One year after the date of the 
enactment of this title and again 3 years after the date of the 
enactment of this title, the Secretary shall report to the Senate 
Committees on Appropriations, Governmental Affairs, and Environment and 
Public Works and to the House of Representatives on the 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. 112. 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 the Environment, until 
such time as the Secretary may cause a seal of office to be made for 
the Department of the Environment of such design as the Secretary shall 
approve.
    (2) Criminal Penalty for Unauthorized use of Seal.--(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 the Environment Seal
    ``(a) Whoever knowingly displays any printed or other likeness of 
the official seal of the Department of the Environment, 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 the Environment 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 the 
Environment, or any substantial part thereof, except for manufacture or 
sale of the article for the official use of the Government of the 
United States, shall be fined not more than $250 or imprisoned not more 
than 6 months, or both.
    ``(c) A violation of subsection (a) or (b) may be 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 the 
Environment.''.
    (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 the Environment Seal.''.
    (c) Acquisition of Copyrights and Patents.--The Secretary is 
authorized to acquire any of the following described rights if the 
property acquired thereby is for use by or for, or useful to, the 
Department:
            (1) copyrights, patents, and applications for patents, 
        designs, processes, and manufacturing data;
            (2) licenses under copyrights, patents, and applications 
        for patents; and
            (3) releases, before suit is brought, for past infringement 
        of patents or copyrights.
    (d) Advisory Committee Standards of Conduct and Compensation.--The 
Secretary may promulgate regulations, no less stringent than any other 
applicable provision of law, regarding standards of conduct for members 
of advisory committees (and consultants to advisory committees), 
including requirements regarding conflicts of interest or disclosure of 
past and present financial and employment interests. The Secretary is 
authorized to pay members of advisory committees and others who perform 
services as authorized under section 3109 of title 5, United States 
Code, at rates for individuals not to exceed the per diem rate 
equivalent to the rate for level V of the Executive Schedule under 
section 5316 of title 5, United States Code.

SEC. 113. INHERENTLY GOVERNMENTAL FUNCTIONS.

    (a) Government Officers and Employees.--(1) Inherently governmental 
functions of the Department shall be performed only by officers and 
employees of the United States. For purposes of this section, 
``inherently governmental'' means any activity which is so intimately 
related to the public interest as to mandate performance by Government 
officers and employees. These inherently governmental functions include 
those activities which require either the exercise of discretion in 
applying Government authority or the use of value of judgment in making 
decisions for the Government. These functions shall include, but not be 
limited to, work of a policy, decisionmaking, or managerial nature 
which is the direct responsibility of Department officials.
    (b) Conflicts of Interest.--(1) The Secretary shall by regulation 
require any person proposing to enter into a contract, agreement, or 
other arrangement, whether by competitive bid or negotiation, for the 
conduct of research, development, evaluation activities, or for 
advisory and assistance 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.
    (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 he--
            (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) Rules.--No later than 30 days after the effective date of this 
Act, the Secretary shall publish rules for the implementation of this 
section.
    (g) Central File.--The Department shall maintain a central file 
regarding all cases when a public notice is issued. Other information 
required under this section shall also be compiled. Access to this 
information shall be controlled to safeguard any proprietary 
information.
    (h) Definitions.--For purposes of this section, the term ``advisory 
and assistance services'' includes--
            (1) management and professional support services;
            (2) the conduct of studies, analyses, and evaluations; and
            (3) engineering and technical services, excluding routine 
        technical services.

SEC. 114. REFERENCES.

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

SEC. 115. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents.--All orders, 
determinations, rules, regulations, permits, agreements, grants, 
contracts, certificates, licenses, 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 the Environment, 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 the Environment and its officers, 
employees, and agents shall have all the powers and authorities of the 
Environmental Protection Agency.

SEC. 116. CONFORMING AMENDMENTS.

    (a) Presidential Succession.--Section 19(d)(1) of title 3, United 
States Code, is amended by inserting before the period at the end 
thereof the following: ``, Secretary of the Environment''.
    (b) Definition of Department, Civil Service Laws.--Section 101 of 
title 5, United States Code, is amended by adding at the end thereof 
the following: ``The Department of the Environment''.
    (c) Compensation, Level I.--Section 5312 of title 5, United States 
Code, is amended by adding at the end thereof the following: 
``Secretary of the Environment''.
    (d) Compensation, Level II.--Section 5313 of title 5, United States 
Code, is amended by striking out ``Administrator of Environmental 
Protection Agency'' and inserting in lieu thereof ``Deputy Secretary of 
the Environment''.
    (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 the Environment''; and
            (2) by striking each reference to an Assistant 
        Administrator of the Environmental Protection Agency and by 
        adding at the end thereof the following: ``Assistant 
        Secretaries, Department of the Environment (10). ``General 
        Counsel, Department of the Environment.''.
    (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 the Environment.
            ``Executive Director of the Commission on Improving 
        Environmental Protection.''.
    (g) Inspector General Act.--The Inspector General Act of 1978 is 
amended--
            (1) in section 2(1)--
                    (A) by inserting ``the Department of the 
                Environment,'' after ``Veterans Affairs,''; and
                    (B) by striking out ``The Environmental Protection 
                Agency,'';
            (2) in section 11(1) by striking out ``or Veterans 
        Affairs'' and inserting ``Veterans Affairs, or the 
        Environment,''; and
            (3) in section 11(2) by striking out ``or Veterans 
        Affairs'' and inserting ``Veterans Affairs, or the 
        Environment,''.

SEC. 117. 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 the Environment shall 
prepare and submit to the Congress proposed legislation containing 
technical and conforming amendments to the United States Code, and to 
other provisions of law, to reflect the changes made by this Act. Such 
legislation shall be submitted not later than 6 months after the 
effective date of this Act.

  TITLE II--ENVIRONMENTAL ROLE OF THE UNITED STATES IN INTERNATIONAL 
                   ORGANIZATIONS TO WHICH IT BELONGS

SEC. 201. INTERNATIONAL ENERGY CONFERENCE.

    The Secretary of State, in consultation with the Secretary of 
Energy and the Secretary of the Environment, and with the advice of the 
Committee on Earth and Environmental Sciences, is authorized and 
strongly urged to convene an international meeting to be held in the 
United States with invitations to representatives of all countries of 
the world, the purpose of which shall be to encourage the exchange of 
information concerning energy efficiency and renewable energy resources 
that are environmentally acceptable and ecologically sustainable.

SEC. 202. INTERNATIONAL GREENHOUSE GAS MONITORING PROGRAM.

    The President, with the advice of the Committee on Earth and 
Environmental Sciences, shall encourage the establishment of an office 
of the United Nations Environment Programme (UNEP) and the World 
Meteorological Organization (WMO) to monitor annual estimated 
generation and removal of carbon dioxide and other trace gases on a 
country-by-country basis.

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

SEC. 301. 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) seven members to be appointed by the President;
            (2) three members to be appointed by the Speaker of the 
        House; and
            (3) three members to be appointed by the Senate Majority 
        Leader.
    (b) Chairman.--The Chairman of the Commission shall be appointed by 
the President in consultation with the Congress.

SEC. 302. COMMISSION RESPONSIBILITIES.

    (a) Responsibilities.--The Commission shall be responsible for 
examining and making recommendations on the management and 
implementation of the environmental laws and programs within the 
jurisdiction of the Department of the Environment in order to enhance 
the ability of the Department to preserve and protect human health and 
the environment. The Commission shall make recommendations and 
otherwise advise the President and the Congress on the need to--
            (1) enhance and strengthen the management and 
        implementation of existing programs within the Department;
            (2) enhance the organization of the Department to eliminate 
        duplication and overlap between different programs;
            (3) enhance the coordination between different programs and 
        offices within the Department; and
            (4) enhance the consistency of policies throughout the 
        Department.
    (b) Recommendations.--The Commission shall provide specific steps 
and proposals for implementing the Commission's recommendations 
including an estimate of the costs of implementing such 
recommendations, except that the Commission shall not suggest 
substantive changes in the policy expressed by existing laws.

SEC. 303. REPORT TO THE PRESIDENT AND CONGRESS.

    The Commission shall report to the President and the Congress on 
its investigation, findings, and 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. 304. COMMISSION STAFF.

    The Commission shall appoint an Executive Director who shall be 
compensated at a rate not to exceed the rate of basic pay prescribed 
for level V of the Executive 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. 305. 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 the Environment 
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. 306. FUNDING; AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $5,000,000 in fiscal year 
1993 and $5,000,000 in fiscal year 1994 to carry out the provisions of 
this title.

                       TITLE IV----EFFECTIVE DATE

SEC. 401. EFFECTIVE DATE.

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

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