[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2694 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2694

To redesignate the Environmental Protection Agency as the Department of 
           Environmental Protection, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 1, 2001

   Mr. Horn introduced the following bill; which was referred to the 
                     Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
To redesignate the Environmental Protection Agency as the Department of 
           Environmental Protection, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Department of 
Environmental Protection Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Disclaimer.
TITLE I--REDESIGNATION OF ENVIRONMENTAL PROTECTION AGENCY AS DEPARTMENT 
                      OF ENVIRONMENTAL PROTECTION

Sec. 101. Redesignation of Environmental Protection Agency as 
                            Department of Environmental Protection.
Sec. 102. Assistant Secretaries.
Sec. 103. Deputy Assistant Secretaries.
Sec. 104. Office of the General Counsel.
Sec. 105. Office of Inspector General.
Sec. 106. Regional offices.
Sec. 107. Continuing performance of functions.
Sec. 108. Strategic management, planning, performance measurement, and 
                            reporting to Congress.
Sec. 109. Information resources management.
Sec. 110. Public access to and use of information resources.
Sec. 111. Bureau of Environmental Statistics.
Sec. 112. Office of Environmental Justice.
Sec. 113. Scientific integrity.
Sec. 114. Conflicts of interest of members of advisory committees.
Sec. 115. Limitation on scope of certain umbrella contracts by 
                            Department for advisory and assistance 
                            services.
Sec. 116. Prohibition on transferring to contractors inherently 
                            governmental functions of Department.
Sec. 117. Disallowance of, and penalties for, improperly claimed costs 
                            under Department contracts and regulations.
Sec. 118. Contractor employee gift, entertainment, or recreation costs 
                            specifically unallowable under Department 
                            contracts.
Sec. 119. Documentation of contractor travel costs.
Sec. 120. Risk estimate and analysis.
Sec. 121. Science Advisory Board.
Sec. 122. Effective dates; limitations on application.
Sec. 123. Regulations.
Sec. 124. References.
Sec. 125. Savings provisions.
Sec. 126. Conforming amendments.
Sec. 127. Additional conforming amendments.
                  TITLE II--ADMINISTRATIVE PROVISIONS

Sec. 201. Acquisition of copyrights and patents.
Sec. 202. Gifts and bequests.
Sec. 203. Official seal of Department.
Sec. 204. Use of likeness of official seal of Department.
Sec. 205. Use of stationery, printed forms, and supplies of 
                            Environmental Protection Agency.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Environmental Protection provided for in section 
        101(a).
            (2) Indian tribe.--The term ``Indian tribe'' has the same 
        meaning as provided by section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)).
            (3) State.--The term ``State'' means a State, the District 
        of Columbia, the Commonwealth of Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, the Commonwealth of the Northern 
        Mariana Islands, and any other territory or possession of the 
        United States.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Environment appointed under section 101(b).

SEC. 3. DISCLAIMER.

    Nothing in this Act or the amendments made by this Act shall be 
construed by the Secretary, any officer or employee of the Department, 
or by any court as altering, affecting, amending, modifying, or 
changing, directly or indirectly, any law which on the day before the 
date of the enactment of this Act referred to and provided authorities 
or responsibilities for, or was administered by, the Environmental 
Protection Agency or the Administrator of the Environmental Protection 
Agency, including the Federal Water Pollution Control Act, title XIV of 
the Public Health Service Act (the Safe Drinking Water Act), the Clean 
Air Act, the Pollution Prevention Act of 1990, the Toxic Substances 
Control Act, the Federal Insecticide, Fungicide, and Rodenticide Act, 
the Federal Food, Drug, and Cosmetic Act, the Motor Vehicle Information 
and Cost Savings Act, the Federal Hazardous Substances Act, the Atomic 
Energy Act, the Noise Control Act of 1972, the Solid Waste Disposal 
Act, the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, the Superfund Amendments and Reauthorization Act 
of 1986, the Ocean Dumping Act, the Environmental Research, 
Development, and Demonstration Authorization Act, the Pollution 
Prosecution Act of 1990, and the Federal Facility Compliance Act of 
1992, or any statute containing amendment to any of such Acts. The 
provisions of section 112 (relating to environmental justice) shall not 
be construed to alter, affect, amend, or change such Acts, and to the 
extent that the authorities provided under such provisions are made 
applicable by the Secretary to programs, standards, or regulations 
under such Acts, the Secretary shall ensure that such provisions do not 
alter, affect, amend, modify, or change the objectives, requirements, 
procedures, or limitations of such Acts or make them more or less 
stringent.

TITLE I--REDESIGNATION OF ENVIRONMENTAL PROTECTION AGENCY AS DEPARTMENT 
                      OF ENVIRONMENTAL PROTECTION

SEC. 101. REDESIGNATION OF ENVIRONMENTAL PROTECTION AGENCY AS 
              DEPARTMENT OF ENVIRONMENTAL PROTECTION.

    (a) Redesignation.--
            (1) In general.--The Environmental Protection Agency is 
        redesignated as the Department of Environmental Protection, and 
        shall be an executive department in the executive branch of the 
        Government.
            (2) Headquarters.--The Department shall be headquartered at 
        the seat of Government.
            (3) Official acronym.--The official acronym of the 
        Department shall be ``D.E.P.''.
    (b) Secretary of the Environment.--
            (1) In general.--There shall be at the head of the 
        Department a Secretary of the Environment who shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate.
            (2) Office of the secretary.--The Office of the Secretary 
        shall consist of--
                    (A) the Secretary and the Deputy Secretary 
                appointed under subsection (d); and
                    (B) such other officers as the Secretary may 
                determine to be necessary, who may include an Executive 
                Secretary appointed by the Secretary.
    (c) Transfer of Functions, Powers, and Duties.--
            (1) In general.--The functions, powers, and duties of each 
        officer and employee of the Environmental Protection Agency are 
        transferred to, and vested in, the corresponding officer or 
        employee of the Department.
            (2) Construction.--This subsection may not be construed to 
        prohibit the delegation or redelegation by the Secretary of 
        functions, powers, or duties transferred by paragraph (1).
    (d) Deputy Secretary.--
            (1) In general.--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.
            (2) Functions.--The Deputy Secretary shall perform such 
        functions 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 the Secretary.
    (e) Delegation of Authority.--
            (1) In general.--Except as provided in this Act or other 
        laws administered by the Department, the Secretary may, 
        consistent with other applicable laws--
                    (A) delegate any functions, powers, or duties, 
                including with respect to the making of regulations, to 
                such officers and employees of the Department as the 
                Secretary may designate; and
                    (B) authorize such successive redelegations of such 
                functions within the Department as the Secretary 
                considers to be necessary or appropriate.
            (2) Considerations.--In acting under this subsection or 
        subsection (c) to delegate or authorize the redelegation of 
        functions, the Secretary shall take into consideration the need 
        to ensure that regulations, standards, and policies of the 
        Department (including changes and revisions to regulations, 
        standards, and policies) are promulgated and issued by the 
        Secretary or other officers of the Department.
            (3) Notice; review.--The Secretary shall--
                    (A) maintain, in a central location that is 
                available to the public, copies of all orders and other 
                instruments making delegations and redelegations of 
                function under this subsection (including all revisions 
                to such delegations); and
                    (B) periodically review all such delegations and 
                redelegations.

SEC. 102. ASSISTANT SECRETARIES.

    (a) Establishment of Positions.--There shall be in the Department 
such number of Assistant Secretaries, not to exceed 8, as the Secretary 
shall determine, each of whom--
            (1) shall be appointed by the President, by and with the 
        advice and consent of the Senate; and
            (2) shall perform such functions as the Secretary 
        prescribes.
    (b) Functions.--
            (1) In general.--The Secretary shall assign to the 
        Assistant Secretaries of the Department such functions as the 
        Secretary considers appropriate, including, subject to the 
        discretion of and modification by the Secretary--
                    (A) pollution prevention;
                    (B) resource recovery, recycling, and reuse;
                    (C) education;
                    (D) policy, planning, and evaluation;
                    (E) administration;
                    (F) resources management, including financial and 
                budget management;
                    (G) information resources management;
                    (H) procurement and assistance management;
                    (I) personnel and labor relations;
                    (J) enforcement;
                    (K) compliance monitoring;
                    (L) research and development;
                    (M) air;
                    (N) radiation;
                    (O) water;
                    (P) pesticides;
                    (Q) toxic substances;
                    (R) solid wastes;
                    (S) hazardous waste;
                    (T) hazardous waste cleanup;
                    (U) emergency response;
                    (V) congressional affairs and public affairs;
                    (W) intergovernmental affairs;
                    (X) Indian affairs, including Indian tribes;
                    (Y) international affairs; and
                    (Z) noise pollution control and abatement.
            (2) Notification regarding modifications.--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.
    (c) Designation of Functions Prior to Confirmation.--Whenever the 
President submits the name of an individual to the Senate for 
confirmation as an Assistant Secretary under this section, the 
President shall state the particular functions of the Department (as 
assigned by the Secretary under subsection (b)) such individual will 
exercise upon taking office.

SEC. 103. DEPUTY ASSISTANT SECRETARIES.

    (a) Establishment of Positions.--There is authorized in the 
Department such number of Deputy Assistant Secretaries as the Secretary 
determines is appropriate, not to exceed 20.
    (b) Appointments and Functions.--Each Deputy Assistant Secretary--
            (1) shall be appointed by the Secretary; and
            (2) shall perform such functions as the Secretary shall 
        prescribe.

SEC. 104. OFFICE OF THE GENERAL COUNSEL.

    (a) Office.--There shall be in the Department the Office of the 
General Counsel.
    (b) General Counsel.--There shall be at the head of such office a 
General Counsel who shall be appointed by the President, by and with 
the advice and consent of the Senate.
    (c) Functions.--The General Counsel shall be the chief legal 
officer of the Department and shall provide legal assistance to the 
Secretary concerning the programs and policies of the Department.

SEC. 105. OFFICE OF INSPECTOR GENERAL.

    The Office of Inspector General of the Environmental Protection 
Agency, established in accordance with the Inspector General Act of 
1978 (5 U.S.C. App.), is redesignated as the Office of Inspector 
General of the Department of Environmental Protection.

SEC. 106. REGIONAL OFFICES.

    (a) Regional Offices.--
            (1) Establishment; number.--The Secretary shall establish 
        such Regional Offices of the Department as the Secretary 
        determines to be necessary to carry out in an efficient and 
        economic manner the functions vested in the Secretary or other 
        officials of the Department. The number of such Regional 
        Offices may not exceed 10.
            (2) Alteration, consolidation, and relocation.--The 
        Secretary may alter, consolidate, or relocate any Regional 
        Office taking into consideration the needs of the Department 
        and economy and efficiency.
    (b) Regional Administrators.--
            (1) In general.--There shall be in each Regional Office 
        established under subsection (a) a Regional Administrator, who 
        shall be the head of the Regional Office.
            (2) Appointment.--Each Regional Administrator shall be 
        appointed by, and serve at the pleasure of, the Secretary.
            (3) Functions.--Each Regional Administrator shall 
        implement, execute, and enforce the national program priorities 
        and policies established, in accordance with this Act and other 
        laws applicable to the Department, by the Secretary, or by the 
        Deputy Secretary or an Assistant Secretary pursuant to a 
        delegation from the Secretary.
    (c) Information Regarding Regional Office Performance.--The 
Secretary shall periodically assess the performance of each Regional 
Office in meeting the program and enforcement priorities established or 
delegated by the Secretary, and inform the appropriate committees of 
the Congress about that performance. The first such assessment shall be 
completed within 2 years after the date of the enactment of this Act.

SEC. 107. CONTINUING PERFORMANCE OF FUNCTIONS.

    (a) Redesignation of Positions.--
            (1) Administrator.--The Administrator of the Environmental 
        Protection Agency is redesignated as the Secretary of the 
        Environment.
            (2) Deputy administrator.--The Deputy Administrator of the 
        Environmental Protection Agency is redesignated as the Deputy 
        Secretary of the Environment.
            (3) Assistant administrators.--Each Assistant Administrator 
        of the Environmental Protection Agency is redesignated as an 
        Assistant Secretary of the Department.
            (4) General counsel.--The General Counsel of the 
        Environmental Protection Agency is redesignated as the General 
        Counsel of the Department.
            (5) Inspector general.--The Inspector General of the 
        Environmental Protection Agency is redesignated as the 
        Inspector General of the Department.
    (b) Not Subject to Renomination or Reconfirmation.--An individual 
serving at the pleasure of the President in a position that is 
redesignated by subsection (a) may continue to serve in and perform 
functions of that position after the date of the enactment of this Act 
without renomination by the President or reconfirmation by the Senate.

SEC. 108. STRATEGIC MANAGEMENT, PLANNING, PERFORMANCE MEASUREMENT, AND 
              REPORTING TO CONGRESS.

    (a) Responsibilities of the Secretary.--The Secretary shall--
            (1) develop and maintain, in accordance with the statutes 
        that authorize programs of the Department, a strategic business 
        plan for the Department that clearly and specifically defines 
        the mission of the Department;
            (2) establish and maintain a performance measurement system 
        to measure and report on specific program performance from a 
        policy, operational, and economic standpoint, including 
        information resources management; and
            (3) establish a permanent departmental senior management 
        committee, which shall--
                    (A) be chaired by the Secretary;
                    (B) consist of senior program managers of the 
                Department; and
                    (C) assist the Secretary in carrying out the 
                responsibilities of the Secretary in managing the 
                Department.
    (b) Report to the Congress.--Concurrently with the submission to 
the Congress of the budget of the United States Government for each 
fiscal year under section 1105 of title 31, United States Code, the 
Secretary shall report to the Congress on the extent to which the 
strategic business plan required by subsection (a) has been 
implemented, especially with regard to the specific performance 
measures established under subsection (a)(2).

SEC. 109. INFORMATION RESOURCES MANAGEMENT.

    (a) Responsibilities of the Secretary.--The Secretary, consistent 
with section 111 and other provisions of law, shall--
            (1) manage information resources and information technology 
        so as to ensure--
                    (A) maximum net benefits from the application of 
                such resources and technology, and
                    (B) maximum accountability to the public;
            (2) develop policies and mechanisms to communicate 
        information management goals, priorities, and practices 
        effectively throughout the Department, including policy 
        guidance that describes the process by which the Department 
        shall initiate, approve, process, and evaluate major automated 
        information systems at key milestones;
            (3) ensure that program management officials, the Chief 
        Financial Officer of the Department, the Chief Information 
        Officer of the Department, and the Director of Environmental 
        Statistics collaborate in--
                    (A) defining the specific information and 
                developing the systems capabilities necessary to meet 
                program missions and goals;
                    (B) identifying specific opportunities to redesign 
                business practices and supporting information systems;
                    (C) estimating the life-cycle costs of proposed 
                automated information systems and obtaining independent 
                cost evaluations; and
                    (D) assuring that information included in the 
                annual budget request of the Department includes life-
                cycle cost estimates for automated information systems;
            (4) develop management processes that assign priority to 
        information technology acquisitions and measure the effect of 
        those acquisitions on mission performance;
            (5) ensure substantive involvement of program management 
        and systems users with information resources management staff 
        in all information systems projects;
            (6) establish a management education program to assist 
        managers in identifying--
                    (A) areas in which information and technology are 
                vital to mission accomplishment, and
                    (B) techniques that can be applied to exploit 
                information technology successfully; and
            (7) in accordance with all laws applicable to the 
        Department, make efforts to reduce unnecessary burdens and 
        promote greater integration of information by working to 
        coordinate the data collection and dissemination efforts of the 
        Department with other relevant Federal, State, and local 
        agencies.
    (b) Information Resources Management Steering Committee.--
            (1) Establishment.--The Secretary shall establish a 
        permanent information resources management steering committee, 
        which shall--
                    (A) consist of senior program managers or their 
                representatives, and
                    (B) include the Chief Information Officer of the 
                Department and the Director of Environmental 
                Statistics.
            (2) Functions.--The committee established under paragraph 
        (1) shall--
                    (A) assist and advise the Secretary in carrying out 
                information resources management responsibilities of 
                the Secretary under subsection (a);
                    (B) present Department-wide information resources 
                management issues to the departmental senior management 
                committee established under section 108(a)(3) for 
                resolution;
                    (C) establish specific performance measures for 
                information resources management that relate 
                specifically to program missions;
                    (D) review and make recommendations to the 
                Secretary with regard to major automated information 
                systems of the Department at predefined milestones 
                throughout their life cycles; and
                    (E) evaluate and make recommendations to the 
                Secretary with regard to information technology that is 
used by or could be used by the Department to increase efficiency, 
reduce paperwork, and improve coordination with other agencies.
    (c) Chief Information Officer.--
            (1) Designation and primary responsibilities.--
                    (A) In general.--The Secretary shall designate a 
                Chief Information Officer of the Department, whose 
                primary responsibilities shall include providing 
                assistance to senior agency management in ensuring that 
                information and technology resources are managed to 
                maximize benefits to the Department and accountability 
                to the public served by the Department, and overseeing 
                the security of information systems of the Department.
                    (B) Information coordination functions.--The Chief 
                Information Officer shall serve as the senior official 
                required to be designated for the Department under 
                section 3506(b) of title 44, United States Code.
            (2) Qualifications.--To the maximum extent, the individual 
        designated as Chief Information Officer shall be selected from 
        individuals who have--
                    (A) direct and substantial experience in 
                successfully achieving major improvements in 
                organizational performance through the use of 
                information technology; and
                    (B) demonstrated technical competence and ability 
                to work effectively with senior program managers.
            (3) Rank; limitation on duties.--The Chief Information 
        Officer shall--
                    (A) hold a rank in the Department equivalent to 
                Assistant Secretary;
                    (B) report directly to the Secretary; and
                    (C) not be assigned any permanent duties that are 
                not related to information resources management.
    (d) Responsibilities of the Chief Information Officer.--The Chief 
Information Officer, consistent with section 111 and other provisions 
of law, shall--
            (1) design, develop, implement, and facilitate a strategic 
        information resources management process for the Department 
        that--
                    (A) establishes what information resources 
                management capabilities are necessary to support 
                programs for accomplishing the mission of the 
                Department, including information resources management 
                policies, architectures, and standards;
                    (B) includes information plans that set forth what 
                information systems and programs will support the 
                various programmatic and management information 
                requirements of the Department;
                    (C) includes the development of annual operating 
                plans, coordinated with departmental budgets, setting 
                forth resource allocations for specific information 
                systems and programs that support Department missions 
                and goals; and
                    (D) includes performance review and reporting that 
                identifies net benefits actually realized from 
                information system investments;
            (2) design and maintain a strategic information resources 
        management plan;
            (3) develop a comprehensive process for controlling 
        information systems development and operations life cycle, 
        including explicit decision criteria and early decision points 
        for all information systems projects;
            (4) be responsible for assuring the effective and efficient 
        design, development, and delivery of information products and 
        services that support key program responsibilities;
            (5) in cooperation with the Chief Financial Officer of the 
        Department, ensure that--
                    (A) Department-wide and component accounting, 
                financial, and asset management systems and other 
                information systems that provide, at least in part, 
                financial or program performance data used in financial 
                statements are effectively designed, developed, and 
                implemented; and
                    (B) financial and related program performance data 
                are provided on a reliable, consistent, and timely 
                basis to agency financial management systems;
            (6) identify, in cooperation with program managers and the 
        Chief Financial Officer of the Department, specific 
        opportunities to redesign business practices and supporting 
        information systems to improve agency performance;
            (7) regularly complete accurate post-implementation reviews 
        for all information systems projects of the Department;
            (8) develop, in cooperation with the Chief Financial 
        Officer of the Department, full and accurate information on--
                    (A) information technology expenditures (including 
                capital investment and expenses) by the Department; and
                    (B) all expenses for Department staff who carry out 
                information resources management responsibilities;
            (9) develop requirements and mechanisms for comprehensive 
        information resources management training and professional 
        development of Department staff;
            (10) establish policies for communicating Department-wide 
        and component information systems requirements and acquisition 
        plans with industry, including by--
                    (A) working with program managers and component 
                information resources management officials to ensure 
                that each major acquisition plan contains an industry 
                communications segment that informs industry of the 
                acquisition, presents its purpose, and solicits 
                industry feedback on technology, schedule, and other 
                significant issues; and
                    (B) establishing Department-wide policies for the 
                use of requests for information, requests for comment, 
                and draft requests for procurement proposals, as 
                mechanisms for improving acquisition effectiveness and 
                increasing competition; and
            (11) work cooperatively with the Director of Environmental 
        Statistics, providing the technical and other support necessary 
        to fulfill the information systems and other information 
        requirements identified by the Director as needed to carry out 
        the functions of the Bureau of Environmental Statistics.
    (e) Definitions.--Terms used in this section have the meanings set 
forth in section 3502 of title 44, United States Code, to the extent 
the terms are defined in that section.
    (f) Construction.--This section may not be construed as affecting 
or limiting in any way the functions and authorities of the Director of 
the Bureau of Environmental Statistics relating to--
            (1) collecting, compiling, evaluating, analyzing, 
        reporting, preparing, and publishing data, statistics, or other 
        environmental and public health information, or
            (2) the making of grants or the conduct of any related 
        activities.

SEC. 110. PUBLIC ACCESS TO AND USE OF INFORMATION RESOURCES.

    (a) Encouraging Public Access and Use.--
            (1) Policies and methods.--The Secretary shall, in 
        accordance with all provisions of law applicable to the 
        Department--
                    (A) identify and develop policies and methods for 
                encouraging greater public access to, and use of, 
                departmental information collected, stored, retained, 
                or disseminated and available to the public under such 
                provisions of law; and
                    (B) make such public information available in a 
                variety of formats and through systems that permit and 
                encourage widespread use and analysis.
            (2) Bureau of environmental statistics.--For the purpose of 
        the application of this section to the Bureau of Environmental 
        Statistics, the Director of Environmental Statistics shall have 
        the responsibilities of the Secretary.
    (b) Inventory and Locator of Information Services.--The Secretary 
shall, in accordance with all laws applicable to the Department, 
develop and maintain a public access system providing a current, 
comprehensive, and detailed inventory of the Department's public 
information services, products, systems, and other holdings. The system 
shall include the following:
            (1) An inventory that lists each such service, product, and 
        system, and describes the type of information available, the 
        cost and other terms of public access, and details about 
        sources and methodology used in preparation of the information. 
        The inventory shall--
                    (A) be updated regularly;
                    (B) be disseminated as widely as possible in 
                electronic and hard copy formats; and
                    (C) be printed at least annually.
            (2) Provision of access to selected public information 
        holdings and databases. Such access shall--
                    (A) allow users to download information;
                    (B) include easy to use menus and other 
                enhancements to improve use; and
                    (C) be accompanied by support and technical 
                assistance to current and potential users.
            (3) A means for the public and other agencies to 
        communicate with the Department about public information 
        available through the system and about improvements to the 
        system.
    (c) Integration and Availability of Services.--In order to enhance 
public access and encourage use of public information, improve the 
management of information resources, and assist Departmental multimedia 
permitting and enforcement initiatives, the Secretary shall, in 
accordance with all laws applicable to the Department, develop 
policies, programs, and methods for integrating and linking public 
information pertaining to the environment, public health, environmental 
justice, and other public policy concerns within the jurisdiction of 
the Department.
    (d) Strategic Plan and Reports on Public Access to and Use of 
Information.--
            (1) Strategic plan.--As part of the strategic information 
        resources management plan required under section 109(d)(2), the 
        Chief Information Officer shall develop a strategic plan on the 
        use of information technology to provide for dissemination of, 
        and public access to, departmental information that is 
        available to the public in accordance with applicable 
        provisions of law, and to facilitate implementation of 
        subsections (b) and (c).
            (2) Contents of plan.--The strategic plan required by 
        paragraph (1), where appropriate, shall include--
                    (A) a description of current activities and future 
                initiatives to carry out requirements for promoting 
                public access to, and use of, publicly available 
                information under this section, including a discussion 
                of efforts to implement subsections (b) and (c);
                    (B) an evaluation of the use of geographical 
                information systems and spatial display technologies in 
                fulfilling the public dissemination objectives of this 
                section;
                    (C) an evaluation of the role of emerging computer 
                technologies, including CD-ROM (compact-disk--read only 
                memory) and other suitable machine readable storage 
                alternatives, and online transaction-based reporting, 
                in fulfilling the public dissemination objectives of 
                this section;
                    (D) a plan for one or more pilot programs to expand 
                existing online information dissemination programs to 
                include additional data bases;
                    (E) efforts for considering and implementing an 
                electronic data interchange;
                    (F) the role of the existing or planned entities, 
                including depository libraries and the National 
                Research and Educational Network, in aiding 
                dissemination objectives of this section;
                    (G) a review of alternatives and possibilities for 
                conversion of print material to machine readable 
                formats;
                    (H) an evaluation of a system linked to the 
                inventory established under subsection (b), for 
                indexing, locating, and obtaining publicly available 
                information about facilities and substances regulated 
                by the Department; and
                    (I) the personnel, funding, and length of time 
                needed to implement the plan.
    (e) Obtaining Public Advice and Guidance.--The Secretary shall 
establish an ongoing balanced process for obtaining public advice, 
guidance, and recommendations on improving public access to, and use 
of, Departmental information that is available to the public under 
applicable provisions of law.
    (f) User Fees.--Fees for dissemination of Department information 
products or services may be set at a level sufficient to recover the 
cost of the dissemination, but no higher.

SEC. 111. BUREAU OF ENVIRONMENTAL STATISTICS.

    (a) Establishment.--There is established within the Department the 
Bureau of Environmental Statistics (hereinafter in this section 
referred to as the ``Bureau''). The purpose of the Bureau is to provide 
in accordance with this section such environmental quality and related 
public health and economic information, and such evaluation and 
analyses of such information, as may be appropriate, to meet adequately 
and fully the needs of the Department in carrying out its functions 
under applicable law, and the Congress.
    (b) Director of Environmental Statistics.--
            (1) In general.--The Bureau shall be under the direction of 
        the Director of Environmental Statistics (hereinafter in this 
        section referred to as the ``Director''), who shall report to 
        the appropriate Assistant Secretary in the Department.
            (2) Appointment, term, and removal.--
                    (A) Appointment and term.--The Director shall--
                            (i) be appointed by the Secretary for a 
                        term of 4 years; and
                            (ii) be selected from individuals who are 
                        well qualified through experience or training 
                        in the collection and analysis of environmental 
                        statistics.
                    (B) Service after expiration of term.--An 
                individual may, at the request of the Secretary, serve 
as Director after the expiration of his or her term for not more than 3 
months until his or her successor has taken office.
                    (C) Removal.--An individual may be removed as 
                Director by the Secretary only for malfeasance in 
                office or neglect of duty.
                    (D) Reappointment.--An individual serving as 
                Director may be reappointed for additional terms.
            (3) Compensation.--The Director shall be compensated at the 
        rate provided for level V of the Executive Schedule under 
        section 5316 of title 5, United States Code.
    (c) Functions of Director.--
            (1) In general.--The functions of the Director shall 
        include--
                    (A) collecting, compiling, analyzing, and 
                publishing a comprehensive set of environmental quality 
                and related public health, economic, and statistical 
                data for determining environmental quality and related 
                measures of public health, over both the short- and 
                long-term, including assessing--
                            (i) ambient conditions and trends; and
                            (ii) the distribution of environmental 
                        conditions and related public health conditions 
                        across all affected populations, including 
                        those populations identifiable on the basis of 
                        income, race, ethnicity, or national origin;
                    (B) evaluating the adequacy of available 
                statistical measures to determine the Department's 
                success in fulfilling statutory requirements;
                    (C) ensuring that data and measures referred to in 
                this subsection are accurate, reliable, relevant, and 
                in a form that permits systematic analysis;
                    (D) collecting and analyzing such other data as may 
                be required by the Director to--
                            (i) efficiently and effectively fulfill the 
                        Director's responsibilities, or
                            (ii) identify new environmental problems;
                    (E) conducting specialized analyses and preparing 
                special reports on particular subjects whenever 
                required to do so by the President, by law, or by the 
                Secretary, or when considered appropriate by the 
                Director; and
                    (F) making readily accessible or, to the extent 
                practicable, disseminating all publicly available data 
                collected under subparagraph (A) or (B), in a timely 
                manner and using dissemination methods that will 
                maximize the utility of such publicly available 
                information to the public.
            (2) Technical capabilities to perform analyses.--The 
        Director shall establish and maintain the scientific, 
        engineering, statistical, and other technical capability to 
        perform analysis of environmental quality and related public 
        health and economic data, to--
                    (A) verify the accuracy of items of environmental 
                quality and related public health and economic data 
                submitted to the Director; and
                    (B) ensure the coordination and comparability of 
                that data.
    (d) Powers of Director.--
            (1) In general.--The Director is authorized on a 
        nonexclusive basis, to exercise and enforce any authority 
        vested in the Secretary by law that relates to the collection, 
        gathering, reporting, evaluating, analysis, or dissemination of 
        environmental quality data and related measures of public 
        health in order to carry out fully the functions of the 
        Director.
            (2) Actions not subject to approval.--The Director shall 
        not be required to--
                    (A) obtain the approval of any other officer or 
                employee of the Department in connection with the 
                collection, compilation, evaluation, analysis, or 
                dissemination of any information; or
                    (B) obtain, prior to publication, the approval of 
                any other officer or employee of the United States with 
                respect to the substance of any reports prepared in 
                accordance with law.
            (3) Providing assistance.--The Director may, upon request, 
        provide technical assistance to offices of the Department and 
        to other Federal agencies for the purpose of assuring the 
        technical quality and the coordination of statistical 
        activities of the Department. Such assistance may include 
        reviewing data collection plans, survey designs, and pretests, 
        management of data, and quality of data. The Director shall, 
        upon request, promptly provide any information or analysis in 
        the possession of the Bureau to any office within the 
        Department which such office determines relates to the 
functions of such office.
            (4) Collection of data from other agencies, persons, etc.--
        Subject to other applicable provisions of law, the Director, in 
        carrying out responsibilities under this Act, may collect data 
        from such Federal agencies, State or local governments or 
        instrumentalities, Indian tribes, businesses, and other 
        individuals, persons, organizations, and institutions as the 
        Director considers appropriate.
            (5) Use of data collected by federal agencies.--
                    (A) In general.--The Director may--
                            (i) use data collected by any Federal 
                        agency, and
                            (ii) enter into interagency or intraagency 
                        agreements for the collection of data for the 
                        purposes of this section.
                    (B) Provision of data to director.--Subject to 
                applicable law, all Federal agencies (including 
                agencies in the Department) shall provide to the 
                Director, in a timely manner and to the extent possible 
                in a usable electronic format, any data that the 
                Director requires to carry out responsibilities under 
                this Act.
                    (C) Cooperative collection of data.--The Director 
                may--
                            (i) arrange with any agency, organization, 
                        or institution for the cooperative collection 
                        of data for the purposes of this section, and
                            (ii) assign employees of the Bureau to any 
                        such agency, organization, or institution to 
                        assist in such collection.
            (6) Obtaining employees and services.--The Director--
                    (A) may select, appoint, and employ such officers 
                and employees as may be necessary to carry out the 
                functions of the Bureau, subject to--
                            (i) the provisions of title 5, United 
                        States Code, governing appointments in the 
                        competitive service, and
                            (ii) the provisions of chapter 51 and 
                        subchapter III of chapter 53 of such title 
                        relating to classification and General Schedule 
                        pay rates; and
                    (B) may obtain services as authorized by section 
                3109 of title 5, United States Code, at a rate not to 
                exceed the equivalent daily rate payable for level V of 
                the Executive Schedule under section 5316 of such 
                title.
    (e) Staff.--The Secretary shall ensure that the Bureau of 
Environmental Statistics has staff sufficient to enable the Director to 
efficiently carry out the duties of the Director.
    (f) Continuing Performance of Functions of Director.--An individual 
who, on the effective date of this Act, is performing any of the 
functions required by this section to be performed by the Director may 
continue to perform such functions until such functions are assigned to 
an individual appointed as the Director under this Act.
    (g) Availability of Director to Congress; Special Reports.--The 
Director--
            (1) shall be available to the Congress to provide testimony 
        on subjects under the authority of the Director as any 
        committee of the Congress may request, including on 
        environmental quality data and related measures of public 
        health and analyses thereof;
            (2) shall, notwithstanding any limitation contained in this 
        section or any other provision of law, make available to any 
        committee of the Congress having jurisdiction over any program 
        of the Department, upon written request of the committee, any 
        information reported or otherwise obtained, and any evaluation 
        or analysis made, by the Director or any officer or employee of 
        the Bureau under this section that relates to that program; and
            (3) may provide, and charge for, statistical records, 
        compilations, surveys, and reports to State and local 
        officials, public and private organizations, and individuals.
    (h) Confidentiality of Information.--
            (1) In general.--The Director may not make public any 
        information obtained under this section that is exempt from 
        disclosure pursuant to subsection (b)(4) of section 552 of 
        title 5, United States Code, except as provided in subsection 
        (d) of that section and this section.
            (2) Access to information in possession of other federal 
        agency.--In furtherance and not in limitation of any other 
        authority, the Director, on behalf of the Secretary, shall have 
        access to environmental and health related economic and 
        statistical information in the possession of the Department or 
        any other Federal agency, except information--
                    (A) the disclosure of which to another Federal 
                agency is expressly prohibited by law; or
                    (B) the disclosure of which the agency having 
                possession determines would significantly impair the 
                discharge of authorities and responsibilities that have 
                been delegated to, or vested by law, in such agency.
            (3) Obtaining information to which access is denied.--In 
        any case in which the Director is denied information that is 
        necessary to achieve the purposes of this Act, the Director 
        shall take appropriate action, pursuant to paragraph (2), to 
        obtain such information from the original sources of the 
        information or an alternate source. Such an alternate source 
        shall be notified of the reason for any request under this 
        paragraph for information.
            (4) Disclosure of information to federal agencies.--
        Notwithstanding paragraphs (1) and (2) and section 552(b)(4) of 
        title 5, United States Code, the Director may disclose any 
        information obtained under this section to--
                    (A) the General Accounting Office; and
                    (B) any department or agency of the Federal 
                Government that requests the information to carry out 
                its lawful functions.
            (5) Continuing application of other restrictions.--Any 
        information disclosed by the Director under paragraph (4) shall 
        continue thereafter to be subject to any restriction, 
        requirement, or condition regarding the use or disclosure of 
        the information that applies to the Department.
    (i) Establishment of Public Participation Process.--The Director 
shall establish an ongoing balanced process for obtaining public 
advice, guidance, and recommendations on the implementation of the 
functions of the Director.
    (j) Peer Review of Bureau.--
            (1) Review requirement.--The statistical procedures and 
        methodology of the Bureau shall be subject to an annual peer 
        review. Such review shall be conducted by a Peer Review Team, 
        which shall prepare and submit to the President and the 
        Congress a report describing its investigation and findings.
            (2) Peer review team.--The Peer Review Team shall consist 
        of at least 5 professionally qualified persons who are officers 
        or employees of the United States, of whom at least--
                    (A) one shall be designated by the Director of the 
                Bureau of the Census;
                    (B) one shall be designated by the Commissioner of 
                Labor Statistics;
                    (C) one shall be designated by the Director of the 
                National Center for Health Statistics;
                    (D) one shall be designated by the Administrator of 
                the Energy Information Administration; and
                    (E) one shall be designated by the Comptroller 
                General of the United States.
            (3) Chairman.--The member of the Peer Review Team appointed 
        under paragraph (2)(E) shall be the Chairman of the Team.
            (4) Responsibilities of director and secretary.--The 
        Director and the Secretary--
                    (A) shall cooperate fully with the Peer Review 
                Team; and
                    (B) notwithstanding any other provisions of law, 
                shall make available to the Peer Review Team such 
                relevant data, information, documents, and services as 
                the Peer Review Team determines are necessary for 
                successful completion of its peer review.
            (5) Confidentiality of information.--Information made 
        available to the Peer Review Team under paragraph (4)(B) shall 
        be subject to the confidentiality standards applicable to the 
        information under subsection (h).
    (k) Specification in Budget of Proposed Appropriations.--The 
President shall include in each budget submitted under section 1105 of 
title 31, United States Code--
            (1) an estimate of expenditures and appropriations 
        necessary to carry out this section for the fiscal year covered 
        by the budget; and
            (2) a statement of the difference, if any, between the 
        estimate under paragraph (1) and the appropriation request for 
        the fiscal year that is submitted to the President by the 
        Director under section 1108 of that title.

SEC. 112. OFFICE OF ENVIRONMENTAL JUSTICE.

    (a) Office of Environmental Justice.--The Secretary shall establish 
in the Department an Office of Environmental Justice (hereinafter in 
this section referred to as the ``Office''), which shall be independent 
of the Department's single-medium program offices but shall have the 
authority to advise such offices about environmental justice matters. 
The Office shall be under the direction of a Director appointed by the 
President, with the advice and consent of the Senate. The Director 
shall be compensated at level V of the Executive Schedule under section 
5316 of title 5, United States Code.
    (b) Functions.--The Director shall develop and, with the approval 
of the Secretary, implement a strategy to promote, to the greatest 
extent practicable and consistent with the provisions of this section 
and other provisions of law applicable to the Department, environmental 
justice for all people wherever they are located or work in the United 
States, and regardless of income, race, ethnicity, or national origin.
    (c) Environmental Justice Advisory Committee.--
            (1) Establishment of advisory committee.--The Secretary 
        shall establish an Advisory Committee on Environmental Justice 
        (hereinafter in this subsection referred to as the 
        ``Committee''), which shall advise the Secretary and the 
        Director on matters relating to the strategic direction, 
        policies, and programs of the Department under this section.
            (2) Appointments.--
                    (A) Membership.--The Committee shall be composed of 
                not more than 15 members appointed by the Secretary. 
                The Director and the Secretary (or their designees) 
                shall be ex officio members of the Committee. The 
                Secretary shall, in appointing members of the 
                Committee--
                            (i) ensure that the Committee is fairly 
                        balanced with respect to points of view 
                        represented and with regard to racial, gender, 
                        ethnic, and geographic representation;
                            (ii) include individuals who have knowledge 
                        of, and experience with, environmental 
                        conditions in racial minority, ethnic minority, 
                        or moderate- and low-income communities;
                            (iii) include individuals who are 
                        recognized experts in the fields of 
                        environmental law, socioeconomic analysis, 
                        health and environmental effects, exposure 
                        evaluation, and environmental health science 
                        research; and
                            (iv) include individuals who represent the 
                        regulated community, labor, community-based 
                        groups, Federal, State, and local governments, 
                        Indian tribes, and other entities that the 
                        Secretary determines to be appropriate.
                    (B) Terms.--Except as provided in subparagraph (C), 
                members of the Committee shall be appointed for a 3-
year term, and may be reappointed for 1 additional term. Appointees to 
vacancies shall serve for the remainder of the original member's term.
                    (C) Staggered terms.--Of the members first 
                appointed to the Committee--
                            (i) \1/3\ shall be appointed for a 1-year 
                        term; and
                            (ii) \1/3\ shall be appointed for a 2-year 
                        term.

SEC. 113. SCIENTIFIC INTEGRITY.

    (a) In General.--The Secretary, in carrying out responsibilities of 
the Secretary under this Act and any other Act that applies to the 
Department, shall--
            (1) provide for the development and acquisition of the best 
        credible and unbiased scientific information, and make such 
        information available on a timely basis, for use by, and 
        guidance of, the Secretary; and
            (2) develop, publish, and implement, within 18 months after 
        the date of the enactment of this Act, meaningful peer review 
        and quality assurance guidelines and policies for improved 
        performance of the Department and its activities, which 
        guidelines and policies shall identify, to the greatest extent 
        possible, the types or categories of science-based, science-
        dependent, and technical products that will be subject to them.
    (b) Products Defined.--In subsection (a)(2), the term products--
            (1) includes studies, reports, models, analyses, and other 
        publications used to support rulemaking; and
            (2) does not include the promulgation of a rule, the 
        issuance or denial of a permit, or the taking of enforcement 
        actions.

SEC. 114. CONFLICTS OF INTEREST OF MEMBERS OF ADVISORY COMMITTEES.

    (a) Conflicts of Interest Reporting Requirements.--Each member of 
an advisory committee of the Department who is not an officer or 
employee of the Federal Government shall file with the Secretary an 
annual written report disclosing--
            (1) the member's principal employment;
            (2) all other corporations, companies, firms, partnerships, 
        business enterprises, research organizations, educational 
        institutions, or other entities in or to which the member 
        serves as an employee, officer, adviser, director, owner, or 
        consultant, including a description of the nature of the 
        member's service, but only to the extent the entity or 
        relationship is relevant to the purposes and functions of the 
        advisory committee; and
            (3) the identity, but not the value or amount, of any 
        sources of income or financial interests of the member that are 
        or may be relevant to the purposes and functions of the 
        advisory committee.
    (b) Public Access to Reports.--The Secretary shall, within 15 days 
after receiving any report under this section, permit inspection of 
such report by, or furnish a copy of such report to, any person 
requesting such inspection or copy, subject to the terms and conditions 
established by section 104 of the Ethics in Government Act of 1978 (2 
U.S.C. 704) for reports filed under that Act.
    (c) Balanced Representation Requirement.--
            (1) In general.--The membership of each advisory committee 
        appointed by the Department shall be balanced in terms of the 
        points of view represented and the functions to be performed by 
        the advisory committee. In order to meet this requirement, each 
        such advisory committee shall have representatives appointed 
        from among the following groups:
                    (A) The affected industry.
                    (B) Consumer, labor, environmental, health, and 
                public interest groups.
                    (C) State and local governments and Indian tribes.
            (2) Treatment of categories.--The categories described in 
        paragraphs (1) (A), (B), and (C)--
                    (A) are not exclusive, and
                    (B) may each be waived by the appointing authority 
                if a determination is made in writing explaining why 
                the category is not germane to the work of the advisory 
                committee.
            (3) Judicial review.--A determination under paragraph 
        (2)(B) is subject to judicial review.
    (d) Advisory Committee Compensation.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        may pay members of advisory committees of the Department at 
        rates for individuals not to exceed the per diem rate 
        equivalent to the rate for level V of the Executive Schedule 
        under section 5316 of title 5, United States Code.
            (2) Condition.--The Secretary may not pay compensation to 
        an individual under paragraph (1) unless compensation is 
        necessary because--
                    (A) the services of the individual are considered 
                by the Secretary to be essential;
                    (B) failure to pay compensation would constitute a 
                financial hardship for the individual; or
                    (C) the individual has professional expertise that 
                may not be obtained without compensation.

SEC. 115. LIMITATION ON SCOPE OF CERTAIN UMBRELLA CONTRACTS BY 
              DEPARTMENT FOR ADVISORY AND ASSISTANCE SERVICES.

    (a) Ensuring Competition for Umbrella Contracts.--The Department 
may enter into an umbrella contract only under the following 
conditions:
            (1) The period covered by the contract does not exceed--
                    (A) in the case of a response action contract (as 
                that term is defined in section 119(e) of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9619(e), as in effect 
                on the date of the enactment of this Act), 10 years; or
                    (B) in the case of any other contract--
                            (i) 5 years; or
                            (ii) such longer period as may be specified 
                        by the Secretary, if the Secretary determines 
                        in writing that unusual and compelling 
                        circumstances exist justifying an umbrella 
                        contract for a longer period.
            (2) Except as provided in subsection (e), the contract is 
        awarded pursuant to full and open competition (as that term is 
        defined in section 4 of the Office Federal Procurement Policy 
        Act (41 U.S.C. 403)), unless the Secretary determines in 
        writing that--
                    (A) the services to be procured under the contract 
                are available from only one responsible source and no 
                other type of services will satisfy the needs of the 
                Department; or
                    (B) the Department's need for the services to be 
                provided under the contract is of such an unusual and 
                compelling urgency that the Government would be 
                seriously injured unless the Department is permitted to 
                limit the number of sources from which it solicits bids 
                or proposals.
            (3) The contract does not authorize the contractor to 
        procure items on behalf of the Government, except that the 
        contract may authorize the contractor to procure personal 
        property if--
                    (A) it is procured under a response action contract 
                referred to in paragraph (1),
                    (B) it is procured for the performance of the 
                contract, and
                    (C) all right, title, and interest in the property 
                vests in the Government.
    (b) Prohibition of ``Contract Shopping''.--
            (1) Limitation.--Task orders may be made under an umbrella 
        contract awarded by the Department only to carry out the 
        mission of the office, function, or program that requested the 
        umbrella contract.
            (2) Waiver.--The Secretary (or a designee who is an officer 
        of the Department at or above the level of the senior 
        procurement executive of the Department designated pursuant to 
        section 16(3) of the Office Federal Procurement Policy Act (41 
        U.S.C. 414(3)) may waive the application of the limitation set 
        forth in paragraph (1) to a task order if he or she determines 
        in writing that--
                    (A) the task order is within the scope of the 
                umbrella contract;
                    (B) there is an identifiable emergency or other 
                urgent requirement that cannot be met by other means; 
                and
                    (C) there is no other contract available to the 
                office seeking the waiver that is suitable for the task 
                order.
            (3) Application.--Paragraph (1) does not apply to any 
        contract which is determined by the Secretary in writing, 
        before the award of the contract, as being necessary to meet 
        the needs of more than one office, function, or program.
    (c) Follow-On Competition.--Statements of work in an umbrella 
contract awarded by the Department shall be prepared so as to ensure 
full and open competition (as that term is defined in section 4 of the 
Office Federal Procurement Policy Act (41 U.S.C. 403) for any new 
contract that results from, completes, or supplements the work 
performed under the umbrella contract.
    (d) Subcontractors.--
            (1) Identification of subcontractors.--Any solicitation for 
        an umbrella contract awarded by the Department shall require 
        that all offerors identify in their proposals all prospective 
        subcontractors and the qualifications of those subcontractors.
            (2) Restriction on eligibility for subcontracts.--A person 
        who is not identified as a prospective subcontractor in 
        accordance with paragraph (1) by the prime contractor for an 
        umbrella contract awarded by the Department shall not be 
eligible to perform any task order as a subcontractor under the 
umbrella contract.
            (3) Waiver.--
                    (A) The Secretary (or a designee who is an officer 
                of the Department at or above the level of the senior 
                procurement executive of the Department designated 
                pursuant to section 16(3) of the Office of Federal 
                Procurement Policy Act (41 U.S.C. 414(3)) may waive the 
                application of the restriction set forth in paragraph 
                (2) to a task order if the Secretary determines in 
                writing that unusual circumstances exist making such a 
                waiver in the interests of the Government.
                    (B) For purposes of subparagraph (A), the term 
                ``unusual circumstances'' means--
                            (i) insolvency, nonresponsibility, 
                        suspension, or debarment of all subcontractors 
                        identified pursuant to paragraph (1) that are 
                        qualified to perform a task order for which the 
                        waiver is granted;
                            (ii) a lack of any technical skills 
                        necessary to perform the task order for which 
                        the waiver is granted, by all subcontractors 
                        identified pursuant to paragraph (1);
                            (iii) other circumstances similar to those 
                        referred to in clauses (i) and (ii); or
                            (iv) any identifiable emergency or other 
                        urgent requirement determined by the Secretary 
                        in writing to exist.
            (4) Competition.--In any case in which the Secretary or his 
        or her designee grants a waiver under paragraph (3), the award 
        by the prime contractor to the subcontractor of a subcontract 
        to perform a task for which the waiver is granted shall be on a 
        competitive basis unless the written determination under 
        paragraph (3)--
                    (A) approves a noncompetitive award; and
                    (B) includes a finding that--
                            (i) an identifiable emergency or other 
                        urgent requirement exists; or
                            (ii) no other qualified source is 
                        reasonably available.
            (5) Limitation on application.--This subsection shall not 
        apply to a response action contract (as that term is defined in 
        section 119(e) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9619(e)), as 
        in effect on the date of the enactment of this Act).
    (e) Provisions Not Affected.--Nothing in this section shall be 
construed as amending, modifying, or superseding, or is intended to 
impair or restrict authorities or responsibilities under--
            (1) title IX of the Federal Property and Administrative 
        Services Act of 1949 (40 U.S.C. 541 et seq.), commonly referred 
        to as the ``Brooks Architect-Engineers Act'';
            (2) the Small Business Act (15 U.S.C. 631 et seq.), 
        including section 8(a) of that Act (15 U.S.C. 637(a)); or
            (3) title X of the Act of November 15, 1990 (42 U.S.C. 7601 
        note), popularly known as the ``Clean Air Act Amendments of 
        1990'', relating to disadvantaged business concerns.
    (f) Definitions.--In this section--
            (1) the term ``advisory and assistance services''--
                    (A) means services to support or improve--
                            (i) agency policy development, 
                        decisionmaking, management, and administration; 
                        or
                            (ii) the operation of management systems; 
                        and
                    (B) includes--
                            (i) management and professional support 
                        services;
                            (ii) the conduct of studies, analyses, and 
                        evaluations; and
                            (iii) engineering and technical services, 
                        including services provided under a response 
                        action contract (as that term is used in 
                        subsection (a)(1)(A)); and
            (2) the term ``umbrella contract'' means a contract by the 
        Department that--
                    (A) provides for the performance of specific 
                advisory and assistance services;
                    (B) does not procure or specify a firm quantity of 
                services;
                    (C) provides for services to be supplied to the 
                Government in response to specific task orders to the 
                contractor from the Government;
                    (D) requires the contractor to provide a stated 
                amount of effort over a given period of time (commonly 
                referred to as a ``level of effort contract'');
                    (E) has a maximum potential value of more than 
                $1,000,000 and is not a fixed price contract; and
                    (F) is for a period longer than 1 year.
    (g) Limitation on Application to Existing Contracts.--
            (1) In general.--Except as provided in paragraph (2), this 
        section shall not apply to a contract entered into before the 
        effective date of this section.
            (2) Contracting requirements.--Subsections (b) and (c) 
        shall apply to--
                    (A) a task order or work assignment added on or 
                after the effective date of this section to a contract 
                entered into before that effective date; and
                    (B) a contract that is extended, or for which an 
                option to renew is exercised, on or after the effective 
                date of this section.
    (h) Public Availability.--Waivers granted under this section shall 
be available as provided in section 552(b) of title 5, United States 
Code.

SEC. 116. PROHIBITION ON TRANSFERRING TO CONTRACTORS INHERENTLY 
              GOVERNMENTAL FUNCTIONS OF DEPARTMENT.

    (a) Policy.--It shall be the policy of the Department to prevent 
the transfer of inherently governmental functions of the Department to 
private sector contractors and to ensure that inherently governmental 
functions of the Department are performed only by officers and 
employees of the Department or other agencies and instrumentalities of 
the Government.
    (b) Final Actions.--Final actions of the Department shall reflect 
the independent conclusions of Department officials.
    (c) Responsibilities of the Secretary.--The Secretary shall--
            (1) ensure that the Department is in full compliance with 
        all statutes and regulations that govern the performance of 
        inherently Governmental functions, including by periodically 
        reviewing the operations of the Department with regard to 
        compliance with statutes and regulations governing performance 
        of inherently governmental functions (including this section);
            (2) ensure that no contract is solicited or awarded by the 
        Department, and no order is made under a contract awarded by 
        the Department, that fails to comply with statutes and 
        regulations that govern the performance of inherently 
        governmental functions;
            (3) provide enhanced scrutiny and management oversight when 
        the Department is contracting for functions that, although not 
        inherently governmental, closely support the performance of 
        inherently governmental functions; and
            (4) promulgate regulations in the Department's supplement 
        to the Federal Acquisition Regulation that specify that 
        inherently governmental functions of the Department include--
                    (A) regulation of public health, industry, 
                commerce, or the environment;
                    (B) development (other than technical assistance) 
                and drafting of rules, standards, regulations, and 
                Government policies; and
                    (C) preparation of contractual documents, including 
                solicitations, specifications, statements of work, and 
                contract orders, except in the case of specifications 
                and statements of work of a technical nature requiring 
                expertise not available in the Department.
    (d) Disclaimer.--This section shall not be construed as creating--
            (1) any substantive or procedural basis on which to 
        challenge any agency action or inaction; or
            (2) any right or benefit enforceable by law.
    (e) Limitation on Application.--
            (1) In general.--Except as provided in paragraph (2), this 
        section shall not apply to an inherently governmental function 
        performed under a contract entered into before the effective 
        date of that section.
            (2) Inherently governmental functions.--This section shall 
        apply to an inherently governmental function performed or 
        sought to be performed--
                    (A) under a task added on or after the effective 
                date of that section to a contract entered into before 
                that effective date;
                    (B) under an order made on or after the effective 
                date of that section under a contract entered into 
                before that effective date; or
                    (C) on or after the effective date of that section 
                under a contract that is extended, or for which an 
                option to renew is exercised, on or after that 
                effective date.
    (f) Relationship to Other Law.--The requirements of this section 
are in addition to, and do not supersede or affect, other provisions of 
law.

SEC. 117. DISALLOWANCE OF, AND PENALTIES FOR, IMPROPERLY CLAIMED COSTS 
              UNDER DEPARTMENT CONTRACTS AND REGULATIONS.

    (a) Costs Disallowed.--If a contractor under a covered contract 
submits a proposal for settlement of indirect costs incurred by the 
contractor for any period after such costs have been accrued, and if 
that proposal includes the submission of a cost which is unallowable 
because the cost violates a cost principle in the Federal Acquisition 
Regulation promulgated under section 25 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 421) or in the Department's 
supplement to the Federal Acquisition Regulation, or violates a 
provision of statute, the cost shall be disallowed.
    (b) Penalties.--
            (1) In general.--If the Secretary determines that a cost 
        submitted by a contractor under a covered contract in its 
        proposal for settlement is expressly unallowable under a cost 
        principle referred to in subsection (a) that defines the 
        allowability of specific selected costs, the Secretary shall 
        assess a penalty against the contractor in an amount equal to--
                    (A) the amount of the disallowed cost allocated to 
                covered contracts for which a proposal for settlement 
                of indirect costs has been submitted; plus
                    (B) interest to compensate the United States for 
                the use of any funds which the contractor has been paid 
                in excess of the amount to which the contractor was 
                entitled.
            (2) Increased penalty.--If the Secretary determines that a 
        proposal for settlement of indirect costs submitted by a 
        contractor under a covered contract includes a cost determined 
        to be unallowable in the case of such contractor before the 
        submission of such proposal, the Secretary shall assess a 
        penalty against the contractor in an amount equal to twice the 
        amount of the disallowed cost allocated to covered contracts 
        for which a proposal for settlement of indirect costs has been 
        submitted.
    (c) Waiver of Penalties.--The Secretary may waive a penalty under 
subsection (b) in the case of a contractor's proposal for settlement of 
indirect costs if--
            (1) the contractor withdraws the proposal before the formal 
        initiation of an audit of the proposal by the Government and 
        resubmits a revised proposal;
            (2) the amount of unallowable costs subject to the penalty 
        is insignificant; or
            (3) the contractor demonstrates, to the contracting 
        officer's satisfaction, that--
                    (A) it has established appropriate policies and 
                personnel training and an internal control and review 
                system that provide assurance that unallowable costs 
                subject to penalties are precluded from being included 
                in the contractor's proposal for settlement of indirect 
                costs; and
                    (B) the unallowable costs subject to the penalty 
                were inadvertently incorporated into the proposal.
Such waivers shall be available in accordance with section 552(b) of 
title 5, United States Code.
    (d) Department Actions.--An action of the Secretary under 
subsection (a) or (b)--
            (1) shall be considered a final decision for purposes of 
        section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605); 
        and
            (2) is appealable in the manner provided in section 7 of 
        that Act (41 U.S.C. 606).
    (e) Certification.--
            (1) In general.--A proposal for settlement of indirect 
        costs applicable to a covered contract shall include a 
        certification by an official of the contractor that, to the 
        best of the certifying official's knowledge and belief, all 
        indirect costs included in the proposal are allowable.
            (2) Waiver of certification requirement.--The Secretary 
        may, in an exceptional case, waive the requirement for 
        certification under paragraph (1) in the case of any covered 
        contract if the Secretary--
                    (A) determines in such case that it would be in the 
                interest of the United States to waive such 
                determination; and
                    (B) states in writing the reasons for that 
                determination and makes such determination available to 
                the public.
Such waivers shall be available in accordance with section 552(b) of 
title 5, United States Code.
    (f) Criminal Penalties.--The submission to the Department of a 
proposal for settlement of costs for any period after such costs have 
been accrued that includes a cost that is expressly specified by law or 
regulation as being unallowable, with the knowledge that such cost is 
unallowable, shall be subject to the provisions of section 287 of title 
18 and section 3729 of title 31, United States Code.
    (g) Burden of Proof in Proceedings.--In a proceeding before a board 
of contract appeals, the United States Court of Federal Claims, or any 
other Federal Court in which the reasonableness of indirect costs for 
which a contractor seeks reimbursement from the Department is in issue, 
the burden of proof shall be upon the contractor to establish that 
those costs are reasonable.
    (h) Documentation of Costs.--Costs shall be allowable under a 
covered contract only to the extent that such costs are supported by 
sufficient documentation (as specified by regulations issued by the 
Secretary under section 123) to permit audit.
    (i) Covered Contract Defined.--As used in this section and section 
119, the term ``covered contract'' means a contract for an amount more 
than $100,000, other than a fixed-price contract without cost 
incentives, entered into by the Department.

SEC. 118. CONTRACTOR EMPLOYEE GIFT, ENTERTAINMENT, OR RECREATION COSTS 
              SPECIFICALLY UNALLOWABLE UNDER DEPARTMENT CONTRACTS.

    Costs of entertainment, gifts, or recreation for contractor 
employees or members of their families provided by a contractor to 
improve employee morale or performance or for any other purpose, are 
not allowable under a covered contract in any amount, except that 
nothing in this section precludes a contractor from providing such 
entertainment, gifts, or recreation to their employees or members of 
their families at no expense to the Government.

SEC. 119. DOCUMENTATION OF CONTRACTOR TRAVEL COSTS.

    Costs of travel under a covered contract shall be allowable only if 
supported by documentation, which shall include documentation of, as 
specified by regulations issued by the Secretary under section 123, 
amounts, times, dates, origin, and destination of the travel, purpose 
of the travel, and identities of all travelers to which the costs 
relate.

SEC. 120. RISK ESTIMATE AND ANALYSIS.

    (a) In General.--In proposing any regulation, or promulgating any 
final regulation, relating to public health and safety or the 
environment after the date of enactment of this Act, the Secretary 
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 
        effect 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 (including evaluation by the 
                Science Advisory Board established by section 121) 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 public health and safety or 
                the environment against the specified identified risk; 
                and
                    (C) the regulation will produce benefits to the 
                public 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) Report Required.--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) Construction.--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.

SEC. 121. SCIENCE ADVISORY BOARD.

    There is established in the Department a Science Advisory Board, 
which shall review and provide comments on the scientific contents of 
any rule promulgated by the Secretary.

SEC. 122. EFFECTIVE DATES; LIMITATIONS ON APPLICATION.

    (a) Effective Dates.--Sections 115 through 119 shall take effect on 
the earlier of the date that is 90 days after the date of promulgation 
of regulations under section 123, or the date that is 18 months after 
the date of the enactment of this Act.
    (b) Limitations on Application.--
            (1) In general.--Except as provided in paragraph (2), 
        sections 117, 118, and 119 shall not apply to a contract 
        entered into before the effective date of those sections.
            (2) Exceptions.--Section 117 shall apply to--
                    (A) a task added on or after the effective date of 
                the section to a contract entered into before that 
                effective date;
                    (B) an order made on or after the effective date of 
                the section under a contract entered into before that 
                effective date; and
                    (C) a contract that is extended, or for which an 
                option to renew is exercised, on or after the effective 
                date of the section.

SEC. 123. REGULATIONS.

    The Secretary may promulgate such regulations as may be necessary 
to implement the provisions of this Act.

SEC. 124. REFERENCES.

    Reference in any other Federal law, Executive order, rule, 
regulation, reorganization plan, delegation of authority, or document--
            (1) to the Environmental Protection Agency is deemed to 
        refer to the Department of Environmental Protection;
            (2) to the Administrator of the Environmental Protection 
        Agency is deemed to refer to the Secretary of the Environment;
            (3) to the Deputy Administrator of the Environmental 
        Protection Agency is deemed to refer to the Deputy Secretary of 
        the Environment; and
            (4) to an Assistant Administrator of the Environmental 
        Protection Agency is deemed to refer to the corresponding 
        Assistant Secretary of the Department of Environmental 
        Protection who is assigned the functions of that Assistant 
        Administrator.

SEC. 125. SAVINGS PROVISIONS.

    (a) Powers and Authorities.--Except as provided in section 101(e), 
the Department and its officers, employees, and agents shall have all 
the powers and authorities of the Environmental Protection Agency and 
its officers, employees, and agents, respectively.
    (b) Continuing Effect of Legal Documents.--All orders, 
determinations, rules, regulations, permits, grants, contracts, 
certificates, licenses, privileges, and other administrative actions--
            (1) which have been issued, made, granted or allowed to 
        become effective by the President, the Administrator or other 
        authorized official of the Environmental Protection Agency, or 
        by a court of competent jurisdiction, which relate to functions 
        of the Administrator or any other officer or agent of the 
        Environmental Protection Agency actions; and
            (2) which are in effect at the time this Act takes effect;
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the Secretary, or other authorized official, by a court 
of competent jurisdiction, or by operation of law.
    (c) Proceedings Not Affected.--This Act shall not affect any 
proceeding, proposed rule, or application for any license, permit, 
certificate, or financial assistance pending before the Environmental 
Protection Agency at the time this Act takes effect, and 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 prohibits 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.
    (d) Suits Not Affected.--This Act shall not affect suits commenced 
before the effective date of this Act, and in all such suits 
proceedings shall be had, appeals taken, and judgments rendered in the 
same manner and with the same effect as if this Act had not been 
enacted.

SEC. 126. 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 the 
following: ``, Secretary of the Environment''.
    (b) Definition of Department in Civil Service Laws.--Section 101 of 
title 5, United States Code, is amended by adding at the end 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 the following:
            ``Secretary of the Environment.''.
    (d) Compensation, Level II.--Section 5313 of title 5, United States 
Code, is amended by striking ``Administrator of the Environmental 
Protection Agency'' and inserting ``Deputy Secretary of the 
Environment''.
    (e) Compensation, Level III.--Section 5314 of title 5, United 
States Code, is amended by striking ``Deputy Administrator of the 
Environmental Protection Agency.''.
    (f) Compensation, Level IV.--Section 5315 of title 5, United States 
Code, is amended--
            (1) by striking ``Inspector General, Environmental 
        Protection Agency'' and inserting ``Inspector General, 
        Department of Environmental Protection'';
            (2) by striking ``Chief Financial Officer, Environmental 
        Protection Agency'' and inserting ``Chief Financial Officer, 
        Department of Environmental Protection'';
            (3) by striking ``Chief Information Officer, Environmental 
        Protection Agency'' and inserting ``Chief Information Officer, 
        Department of Environmental Protection'';
            (4) by striking each reference to an Assistant 
        Administrator, or Assistant Administrators, of the 
        Environmental Protection Agency; and
            (5) by adding at the end the following:
            ``Assistant Secretaries, Department of Environmental 
        Protection.
            ``General Counsel, Department of Environmental 
        Protection.''.
    (g) Compensation, Level V.--Section 5316 of title 5, United States 
Code, is amended by adding at the end the following:
            ``Director, Bureau of Environmental Statistics, Department 
        of Environmental Protection.
            ``Director, Office of Environmental Justice, Department of 
        Environmental Protection.''.
    (h) Inspector General Act of 1978.--The Inspector General Act of 
1978 is amended--
            (1) in section 11(1)--
                    (A) by inserting ``the Environment,'' after 
                ``Energy,''; and
                    (B) by striking ``Environmental Protection,''; and
            (2) in section 11(2)--
                    (A) by inserting ``Environmental Protection,'' 
                after ``Energy,''; and
                    (B) by striking ``the Environmental Protection 
                Agency,''.
    (i) Chief Financial Officers Act of 1990.--Section 901(b)(1) of 
title 31, United States Code, is amended in subparagraph (O) by 
striking ``Environmental Protection Agency'' and inserting ``Department 
of Environmental Protection''.

SEC. 127. ADDITIONAL CONFORMING AMENDMENTS.

    After consultation with the Committee on Government Reform of the 
House of Representatives and appropriate committees of the Senate, the 
Secretary shall prepare and submit to the Congress proposed 
legislation, which the Secretary determines is necessary and 
appropriate, containing technical and conforming amendments to the laws 
of the United States to reflect the changes made by this Act.

                  TITLE II--ADMINISTRATIVE PROVISIONS

SEC. 201. ACQUISITION OF COPYRIGHTS AND PATENTS.

    The Secretary may acquire any of the following 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.
            (3) Releases, before suit is brought, for past infringement 
        of patents or copyrights.

SEC. 202. GIFTS AND BEQUESTS.

    The Secretary may accept, hold, administer, and utilize gifts, 
bequests, and devises of real or personal property and donations of 
services for the purpose of aiding or facilitating the work of the 
Department. Gifts, bequests, and devises of money and proceeds from 
sales of other property received as gifts, bequests, or devises shall 
be deposited in the Treasury and shall be available for disbursement 
upon the order of the Secretary.

SEC. 203. OFFICIAL SEAL OF DEPARTMENT.

    On and after the effective date of this Act, the seal of the 
Environmental Protection Agency, with appropriate changes, shall be the 
official seal of the Department, until such time as the Secretary may 
cause an official seal to be made for the Department of such design as 
the Secretary shall approve.

SEC. 204. USE OF LIKENESS OF OFFICIAL SEAL OF DEPARTMENT.

    (a) Display of Seal.--Whoever knowingly displays any printed or 
other likeness of the official seal of the Department, 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 imprisoned not more than 6 months, or 
fined under title 18, United States Code, or both.
    (b) Manufacture, Reproduction, Sale, or Purchases for Resale.--
Except as authorized under regulations promulgated by the Secretary and 
published in the Federal Register, whoever 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 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 imprisoned not more than 6 
months, or fined under title 18, United States Code, or both.
    (c) Injunctions.--A violation of subsection (a) or (b) may be 
enjoined by an action brought by the Attorney General in the 
appropriate district court of the United States. The Attorney General 
shall file such an action upon request of the Secretary or any 
authorized representative of the Secretary.

SEC. 205. USE OF STATIONERY, PRINTED FORMS, AND SUPPLIES OF 
              ENVIRONMENTAL PROTECTION AGENCY.

    (a) In General.--The Secretary shall ensure that, to the extent 
practicable, existing stationery, printed forms, and other supplies of 
the Environmental Protection Agency are used to carry out functions of 
the Department before procuring new stationery, printed forms, and 
other supplies for the Department.
    (b) Limitation.--Notwithstanding subsection (a), the Secretary may 
procure stationery, printed forms, and other supplies for the specific 
use of the Secretary and the Office of the Secretary.
                                 <all>