[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.
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