[Congressional Record Volume 140, Number 62 (Wednesday, May 18, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 18, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                        HATCH AMENDMENT NO. 1727

  Mr. CHAFEE (for Mr. Hatch) proposed an amendment to the bill S. 2019, 
supra; as follows:

       On page 82, line 8, after ``(D)'' insert ``and notices 
     submitted by public water systems serving Indian Tribes 
     provided to the Administrator pursuant to subparagraph (B) or 
     (C)''.
       On page 82 line 10, insert the following after the period:
       ``The report shall include information about public water 
     system compliance on Indian reservations and about 
     enforcement activities undertaken and financial assistance 
     provided by the Administrator on Indian reservations, and 
     shall make specific recommendations concerning the resources 
     needed to improve compliance with this title on Indian 
     reservations.''.
                                 ______


                  SMITH (AND GREGG) AMENDMENT NO. 1728

  Mr. SMITH (for himself and Mr. Gregg) proposed an amendment to the 
bill S. 2019, supra; as follows:

       On page 22, line 17, insert ``but not'' before 
     ``including''.
                                 ______


                  DOLE (AND OTHERS) AMENDMENT NO. 1729

  Mr. DOLE (for himself, Mr. Heflin, Mr. McConnell, Mr. Pressler, Mr. 
Burns, Mr. Brown, Mr. Hatch, Mr. Bond, Mr. Gorton, Mr. Kempthorne, Mr. 
Gramm, Mrs. Hutchison, and Mr. Craig) proposed an amendment to the bill 
S. 2019, supra; as follows:

       On page 138, insert between lines 16 and 17 the following 
     new section:

     SEC. 16. PRIVATE PROPERTY RIGHTS.

       (A) Short Title.--This section may be cited as the 
     ``Private Property Rights Act of 1994''.
       (b) Findings.--The Congress finds that--
       (1) the protection of private property from a taking by the 
     Government without just compensation is an integral 
     protection for private citizens incorporated into the 
     Constitution by the Fifth Amendment and made applicable to 
     the States by the Fourteenth Amendment; and
       (2) Federal agencies should take into consideration the 
     impact of Governmental actions on the use and ownership of 
     private property.
       (c) Purpose.--The Congress, recognizing the important role 
     that the use and ownership of private property plays in 
     ensuring the economic and social well-being of the Nation, 
     declares that it is the policy of the Federal Government to 
     use all practicable means and measures to minimize takings of 
     private property by the Federal Government
       (d) Definitions.--For purposes of this section--
       (1) the term ``agency'' means an Executive agency as 
     defined under section 105 of title 5, United States Code, 
     and--
       (A) includes the United States Postal Service; and
       (B) does not include the General Accounting Office; and
       (2) the term ``taking of private property'' means any 
     action whereby private property is taken in such a way as to 
     require compensation under the Fifth Amendment to the United 
     States Constitution.
       (e) Private Property Taking Impact Analysis.--
       (1) In general.--The Congress authorizes and directs that, 
     to the fullest extent possible--
       (A) the policies, regulations, and public laws of the 
     United States shall be interpreted and administered in 
     accordance with the policies under this section; and
       (B) all agencies of the Federal Government shall submit a 
     certification to the Attorney General of the United States 
     that a private property taking impact analysis has been 
     completed before issuing or promulgating any policy, 
     regulation, proposal, recommendation (including any 
     recommendation or report on proposal for legislation), or 
     related agency action which could result in a taking or 
     diminution of use or value of private property.
       (2) Content of analysis.--A private property taking impact 
     analysis shall be a written statement that includes--
       (A) the specific purpose of the policy, regulation, 
     proposal, recommendation, or related agency action;
       (B) an assessment of whether a taking of private property 
     shall occur under such policy, regulation, proposal, 
     recommendation, or related agency action;
       (C) the effect of the policy, regulation, proposal, 
     recommendation, or related agency action on the use of value 
     of private property, including an evaluation of whether such 
     policy, regulation, proposal, recommendation, or related 
     agency action requires compensation to private property 
     owners;
       (D) alternatives to the policy, regulation, proposal, 
     recommendation, or related agency action that would lessen 
     the adverse effects on the use or value of private property;
       (E) an estimate of the cost to the Federal Government if 
     the Government is required to compensate a private property 
     owner; and
       (F) an estimate of the reduction in use or value of any 
     affected private property as a result of such policy, 
     regulation, proposal, recommendation, or related agency 
     action.
       (3) Public availability of analysis.--An agency shall--
       (A) make each private property taking impact analysis 
     available to the public; and
       (B) to the greatest extent practicable, transmit a copy of 
     such analysis to the owner or any other person with a 
     property right or interest in the affected property.
       (4) Presumptions in proceedings.--For the purpose of any 
     agency action or administrative or judicial proceeding, there 
     shall be a rebuttable presumption that the costs, values, and 
     estimates in any private property takings impact analysis 
     shall be outdated and inaccurate, if--
       (A) such analysis was completed 5 years or more before the 
     date of such action or proceeding; and
       (B) such costs, values, or estimates have not been modified 
     within the 5-year period preceding the date of such action or 
     proceeding.
       (f) Rules of Construction.--Nothing in this section shall 
     be construed to--
       (1) limit any right or remedy, or bar any claim of any 
     person relating to such person's property under any other 
     law, including claims made under section 1346 or 1402 of 
     title 28, United States Code, or chapter 91 of title 28, 
     United States Code; or
       (2) constitute a conclusive determination of the value of 
     any property for purposes of any appraisal for the 
     acquisition of property, or for the determination of damages.
       (g) Statute of Limitations.--No action may be filed in a 
     court of the United States to enforce the provisions of this 
     section on or after the date occurring 6 years after the date 
     of the submission of the certification of the applicable 
     private property taking impact analysis with the Attorney 
     General.
       (h) Effective Date.--The provisions of this section shall 
     take effect 120 days after the date of the enactment of this 
     Act.
                                 ______


                       SIMPSON AMENDMENT NO. 1730

  Mr. SIMPSON proposed amendment to the bill S. 2019, supra; as 
follows:

       At the appropriate place in the bill, insert the following 
     new section:

     SEC.   . EXEMPTION OF CERTAIN CONTRACTS FROM REQUIREMENTS OF 
                   THE DAVIS-BACON ACT.

       Notwithstanding any other provision of law, the Act of 
     March 3, 1931 (commonly known as the Davis-Bacon Act; 40 
     U.S.C. 276 et seq.) shall not apply to a contract entered 
     into by the United States or District of Columbia for 
     construction, alteration, or repair work that--
       (1) is performed in a disadvantaged community (as defined 
     by the State in which the disadvantaged community is located) 
     in a State; and
       (2) is necessary to comply with the requirements of title 
     XIV of the Public Health Service Act (commonly known as the 
     Safe Drinking Water Act; 42 U.S.C. 300f et seq.).
                                 ______


                 GLENN (AND OTHERS AMENDMENT) NO. 1731

  Mr. GLENN (for himself, Mr. Sasser, and Mr. Levin) proposed an 
amendment to the bill S. 2019, supra; as follows:

       At the appropriate place, insert the following:

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Department 
     of Environmental Protection Act of 1993''.
       (b) Table of Contents.--The table of contents is as 
     follows:
Sec. 1. Short title and table of contents.

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

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Establishment of the Department of Environmental Protection.
Sec. 104. Assistant Secretaries.
Sec. 105. Deputy Assistant Secretaries.
Sec. 106. Office of the General Counsel.
Sec. 107. Office of the Inspector General.
Sec. 108. Small business compliance assistance.
Sec. 109. Small governmental jurisdiction compliance assistance.
Sec. 110. Bureau of Environmental Statistics.
Sec. 111. Grant and contract authority for certain activities.
Sec. 112. Study of data needs.
Sec. 113. Miscellaneous employment restrictions.
Sec. 114. Termination of the Council on Environmental Quality and 
              transfer of functions.
Sec. 115. Administrative provisions.
Sec. 116. Inherently governmental functions.
Sec. 117. References.
Sec. 118. Savings provisions.
Sec. 119. Conforming amendments.
Sec. 120. Additional conforming amendments.
Sec. 121. Sense of the Senate.
Sec. 122. Office of Environmental Justice.
Sec. 123. Human health and safety or the environment final regulations.
Sec. 124. Wetland determinations by a single agency.

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

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

                       TITLE III--EFFECTIVE DATE

Sec. 301. Effective date.
 TITLE I--ELEVATION OF THE ENVIRONMENTAL PROTECTION AGENCY TO CABINET 
                                 LEVEL

     SEC. 101. SHORT TITLE.

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

     SEC. 102. FINDINGS.

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

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

       (a) Redesignation.--The Environmental Protection Agency is 
     hereby redesignated as the Department of Environmental 
     Protection (hereafter referred to as the ``Department'') and 
     shall be an executive department in the executive branch of 
     the Government. The official acronym of the Department shall 
     be the ``U.S.D.E.P.''.
       (b) Secretary of Environmental Protection.--(1) There shall 
     be at the head of the Department a Secretary of Environmental 
     Protection who shall be appointed by the President, by and 
     with the advice and consent of the Senate. The Department 
     shall be administered under the supervision and direction of 
     the Secretary.
       (2) The Secretary may not assign duties for or delegate 
     authority for the supervision of the Assistant Secretaries, 
     the General Counsel, the Director of Environmental 
     Statistics, or the Inspector General of the Department to any 
     officer of the Department other than the Deputy Secretary.
       (3) Except as described under paragraph (2) of this section 
     and section 104(b)(2), and notwithstanding any other 
     provision of law, the Secretary may delegate any functions 
     including the making of regulations to such officers and 
     employees of the Department as the Secretary may designate, 
     and may authorize such successive redelegations of such 
     functions within the Department as determined to be necessary 
     or appropriate.
       (c) Deputy Secretary.--There shall be in the Department a 
     Deputy Secretary of Environmental Protection, who shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate. The Deputy Secretary shall perform 
     such responsibilities as the Secretary shall prescribe and 
     shall act as the Secretary during the absence or disability 
     of the Secretary or in the event of a vacancy in the position 
     of Secretary.
       (d) Office of the Secretary.--The Office of the Secretary 
     shall consist of a Secretary and a Deputy Secretary and may 
     include an Executive Secretary and such other executive 
     officers as the Secretary may determine necessary.
       (e) Regional Offices.--The Secretary is authorized to 
     establish, alter, discontinue, or maintain such regional or 
     other field offices as he may determine necessary to carry 
     out the functions vested in him or other officials of the 
     Department.
       (f) International Responsibilities of the Secretary.--(1) 
     In addition to exercising other international 
     responsibilities under existing provisions of law, the 
     Secretary is--
       (A) encouraged to assist the Secretary of State to carry 
     out his primary responsibilities for coordinating, 
     negotiating, implementing and participating in international 
     agreements, including participation in international 
     organizations, relevant to environmental protection; and
       (B) authorized and encouraged to--
       (i) conduct research on and apply existing research 
     capabilities to the nature and impacts of international 
     environmental problems and develop responses to such 
     problems; and
       (ii) provide technical and other assistance to foreign 
     countries and international bodies to improve the quality of 
     the environment.
       (2) The Secretary of State shall consult with the Secretary 
     of Environmental Protection and such other persons as he 
     determines appropriate on such negotiations, implementations, 
     and participations described under paragraph (1)(A).
       (g) Authority of the Secretary Within the Department.--
     Except as provided under section 112, nothing in the 
     provisions of this Act--
       (1) authorizes the Secretary of Environmental Protection to 
     require any action by any officer of any executive department 
     or agency other than officers of the Department of 
     Environmental Protection, except that this paragraph shall 
     not affect any authority provided for by any other provision 
     of law authorizing the Secretary of Environmental Protection 
     to require any such actions;
       (2) modifies any Federal law that is administered by any 
     executive department or agency; or
       (3) transfers to the Department of Environmental Protection 
     any authority exercised by any other Federal executive 
     department or agency prior to the date of the enactment of 
     this Act, except the authority exercised by the Environmental 
     Protection Agency.
       (h) Application to the Department of Environmental 
     Protection.--The provisions of this Act apply only to 
     activities of the Department of Environmental Protection, 
     except where expressly provided otherwise.
       (i) Issuance of Permits.--
       (1) Guides.--At the time a person or small business concern 
     (as defined in section 3 of the Small Business Act), 
     including family farms, contacts an officer or employee of 
     the Department to obtain a permit to engage in an activity 
     under the jurisdiction of the Department, the Secretary shall 
     make available, on request of the person, an employee of the 
     Department to--
       (A) act as a guide for the applicant in obtaining all 
     necessary permits for the activity in the least quantity of 
     time practicable; and
       (B) facilitate the gathering and dissemination of 
     information with respect to the Federal agencies and 
     departments and agencies of States and political subdivisions 
     of States that have a regulatory interest in the activity to 
     reduce the period required to obtain all such necessary 
     permits.
       (2) Duties of secretary.--In issuing a permit to an 
     applicant to carry out an activity under the jurisdiction of 
     the Department, the Secretary shall--
       (A) provide assistance and guidance to, and otherwise 
     facilitate the processing of the application for, the 
     applicant; and
       (B) set reasonable deadlines for action to be taken on an 
     application for the permit.
       (3) Use of guides.--An applicant that chooses to use the 
     services of a guide referred to in paragraph (1) may 
     subsequently choose not to use the services at any time after 
     requesting the guide.

     SEC. 104. ASSISTANT SECRETARIES.

       (a) Establishment of Positions.--There shall be in the 
     Department such number of Assistant Secretaries, not to 
     exceed 12, as the Secretary shall determine, each of whom 
     shall be appointed by the President, by and with the advice 
     and consent of the Senate.
       (b) Responsibilities of Assistant Secretaries.--(1) The 
     Secretary shall assign to Assistant Secretaries such 
     responsibilities as the Secretary considers appropriate, 
     including, but not limited to--
       (A) enforcement;
       (B) compliance monitoring;
       (C) research and development;
       (D) air;
       (E) radiation;
       (F) water;
       (G) pesticides;
       (H) toxic substances;
       (I) solid waste;
       (J) hazardous waste;
       (K) hazardous waste cleanup;
       (L) emergency response;
       (M) international affairs;
       (N) policy, planning, and evaluation;
       (O) pollution prevention;
       (P) congressional affairs;
       (Q) intergovernmental affairs;
       (R) public affairs;
       (S) administration and resources management, information 
     resources management, procurement and assistance management, 
     and personnel and labor relations; and
       (T) regional operations and State and local capacity.
       (2) The Secretary may assign and modify any 
     responsibilities at his discretion under paragraph (1), 
     except that the Secretary may not modify the responsibilities 
     of any Assistant Secretary without prior written notification 
     with explanation of such modification to the appropriate 
     committees of the Senate and the House of Representatives.
       (3) One of the Assistant Secretaries referred to under 
     paragraph (1) shall be an Assistant Secretary for Indian 
     Lands and shall be responsible for policies relating to the 
     environment of Indian lands and affecting Native Americans.
       (c) Designation of Responsibilities Prior to 
     Confirmation.--Whenever the President submits the name of an 
     individual to the Senate for confirmation as Assistant 
     Secretary under this section, the President shall state the 
     particular responsibilities of the Department such individual 
     shall exercise upon taking office.
       (d) Continuing Performance of Functions.--On the effective 
     date of this Act, the Administrator and Deputy Administrator 
     of the Environmental Protection Agency shall be redesignated 
     as the Secretary and Deputy Secretary of the Department of 
     Environmental Protection, Assistant Administrators of the 
     Agency shall be redesignated as Assistant Secretaries of the 
     Department, the General Counsel and the Inspector General of 
     the Agency shall be redesignated as the General Counsel and 
     the Inspector General of the Department, and the Chief 
     Financial Officer of the Agency shall be redesignated as the 
     Chief Financial Officer of the Department, without 
     renomination or reconfirmation.
       (e) Chief Information Resources Officer.--(1) The Secretary 
     shall designate the Assistant Secretary whose 
     responsibilities include information resource management 
     functions as required by section 3506 of title 44, United 
     States Code, as the Chief Information Resources Officer of 
     the Department.
       (2) The Chief Information Resources Officer shall--
       (A) advise the Secretary on information resource management 
     activities of the Department as required by section 3506 of 
     title 44, United States Code;
       (B) develop and maintain an information resources 
     management system for the Department which provides for--
       (i) the conduct of and accountability for any acquisitions 
     made pursuant to a delegation of authority under section 111 
     of the Federal Property and Administrative Services Act of 
     1949 (40 U.S.C. 759);
       (ii) the implementation of all applicable government-wide 
     and Department information policies, principles, standards, 
     and guidelines with respect to information collection, 
     paperwork reduction, privacy and security of records, sharing 
     and dissemination of information, acquisition and use of 
     information technology, and other information resource 
     management functions;
       (iii) the periodic evaluation of and, as needed, the 
     planning and implementation of improvements in the accuracy, 
     completeness, and reliability of data and records contained 
     with Department information systems; and
       (iv) the development and annual revision of a 5-year plan 
     for meeting the Department's information technology needs; 
     and
       (C) report to the Secretary as required under section 3506 
     of title 44, United States Code.

     SEC. 105. DEPUTY ASSISTANT SECRETARIES.

       (a) Establishment of Positions.--There shall be in the 
     Department such number of Deputy Assistant Secretaries as the 
     Secretary may determine.
       (b) Appointments.--Each Deputy Assistant Secretary--
       (1) shall be appointed by the Secretary; and
       (2) shall perform such functions as the Secretary shall 
     prescribe.
       (c) Functions.--Functions assigned to an Assistant 
     Secretary under section 104(b) may be performed by one or 
     more Deputy Assistant Secretaries appointed to assist such 
     Assistant Secretary.

     SEC. 106. OFFICE OF THE GENERAL COUNSEL.

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

     SEC. 107. OFFICE OF THE INSPECTOR GENERAL.

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

     SEC. 108. SMALL BUSINESS COMPLIANCE ASSISTANCE.

       (a) Establishment.--
       (1) In general.--The Secretary of Environmental Protection 
     shall establish within the Department a Small Business 
     Ombudsman Office (hereafter in this section referred to as 
     the ``Office''). The Office shall be headed by a Director 
     designated by the Secretary.
       (2) Duties.--
       (A) In general.--The Director shall report directly to the 
     Secretary. The Secretary, acting through the Director, shall 
     develop and carry out programs of environmental compliance 
     and technical assistance for small business concerns (as 
     defined in section 3 of the Small Business Act), including 
     family farms.
       (B) Specific duties.--The duties of the Office shall 
     include--
       (i) providing to small business concerns--

       (I) confidential compliance assistance;
       (II) explanations of environmental regulatory requirements; 
     and
       (III) available environmental reports and documents;

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

     SEC. 109. SMALL GOVERNMENTAL JURISDICTION COMPLIANCE 
                   ASSISTANCE.

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

     SEC. 110. BUREAU OF ENVIRONMENTAL STATISTICS.

       (a) Establishment.--(1) There is established within the 
     Department a Bureau of Environmental Statistics (hereafter 
     referred to as the ``Bureau''). The Bureau shall be 
     responsible for--
       (A) compiling, analyzing, and publishing a comprehensive 
     set of environmental quality statistics which should provide 
     timely summary in the form of industrywide aggregates, 
     multiyear averages, or totals or some similar form and 
     include information on--
       (i) the nature, source, and amount of pollutants in the 
     environment; and
       (ii) the effects on the public and the environment of those 
     pollutants;
       (B) promulgating guidelines for the collection of 
     information by the Department required for the statistics 
     under this paragraph to assure that the information is 
     accurate, reliable, relevant, and in a form that permits 
     systematic analysis;
       (C) coordinating the collection of information by the 
     Department for developing such statistics with related 
     information-gathering activities conducted by other Federal 
     agencies;
       (D) making readily accessible the statistics published 
     under this paragraph; and
       (E) identifying missing information of the kind described 
     under subparagraph (A) (i) and (ii), reviewing these 
     information needs at least annually with the Science Advisory 
     Board, and making recommendations to the appropriate 
     Department of Environmental Protection officials concerning 
     extramural and intramural research programs to provide such 
     information.
       (2) Nothing in the provisions of paragraph (1) shall 
     authorize the Bureau to require the collection of any data by 
     any other Department, State or local government, or to 
     establish observation or monitoring programs. The Bureau 
     shall not duplicate the information collection functions of 
     other Federal agencies.
       (3) Information compiled by the Bureau of Environmental 
     Statistics, which has been submitted for purposes of 
     statistical reporting requirements of this law, shall not be 
     disclosed publicly in a manner that would reveal the identity 
     of the submitter, including submissions by Federal, State, or 
     local governments, or reveal the identity of any individual 
     consistent with the provisions of section 552a of title 5, 
     United States Code (the Privacy Act of 1974). This paragraph 
     shall not affect the availability of data provided to the 
     Department under any other provision of law administered by 
     the Department. The confidentiality provisions of other 
     statutes authorizing the collection of environmental 
     statistics shall also apply, including but not limited to, 
     section 14 of the Toxic Substances Control Act (15 U.S.C. 
     2613), section 2(h) of the Federal Insecticide, Fungicide, 
     and Rodenticide Act (7 U.S.C. 136h), section 114(c) of the 
     Clean Air Act (42 U.S.C. 741(c)), and section 1905 of title 
     18, United States Code.
       (b) Director of Environmental Statistics.--The Bureau shall 
     be under the direction of a Director of Environmental 
     Statistics (hereafter referred to as the ``Director'') who 
     shall be appointed by the President, by and with the advice 
     and consent of the Senate. The term of the Director shall be 
     4 years. The Director shall be a qualified individual with 
     experience in the compilation and analysis of environmental 
     statistics. The Director shall report directly to the 
     Secretary. The Director shall be compensated at the rate 
     provided for at level V of the Executive Schedule under 
     section 5316 of title 5, United States Code.
       (c) Environmental Statistics Annual Report.--On July 1, 
     1995, and each July 1 thereafter, the Director shall submit 
     to the President an Environmental Statistics Annual Report 
     (hereafter referred to as the ``Report''). The Report shall 
     include, but not be limited to--
       (1) statistics on environmental quality including--
       (A) The environmental quality of the Nation with respect to 
     all aspects of the environment, including, but not limited 
     to, the air, aquatic ecosystems, including marine, estuarine, 
     and fresh water, and the terrestrial ecosystems, including, 
     but not limited to, the forest, dry-land, wetland, range, 
     urban, suburban, and rural environment; and
       (B) changes in the natural environment, including the plant 
     and animal systems, and other information for a continuing 
     analysis of these changes or trends and an interpretation of 
     their underlying causes;
       (2) statistics on the effects of changes in environmental 
     quality on human health and nonhuman species and ecosystems;
       (3) documentation of the method used to obtain and assure 
     the quality of the statistics presented in the Report;
       (4) economic information on the current and projected costs 
     and benefits of environmental protection; and
       (5) recommendations on improving environmental statistical 
     information.
       (d) Continuing Performance of the Functions of the Director 
     Pending Confirmation.--An individual who, on the effective 
     date of this Act, is performing any of the functions required 
     by this section to be performed by the Director may continue 
     to perform such functions until such functions are assigned 
     to an individual appointed as the Director under this Act.
       (e) Advisory Council on Environmental Statistics.--The 
     Director shall appoint an Advisory Council on Environmental 
     Statistics, comprised of no more than 6 private citizens who 
     have expertise in environmental statistics and analysis 
     (except that at least one of such appointees should have 
     expertise in economics) to advise the Director on 
     environmental statistics and analyses, including whether the 
     statistics and analyses disseminated by the Bureau are of 
     high quality and are based upon the best available objective 
     information. The Council shall be subject to the provisions 
     of the Federal Advisory Committee Act.
       (f) Review of Regulations.--For each proposed new 
     regulation and each proposed change to existing regulations 
     the Director shall publish in the Federal Register as part of 
     the notice of the proposed rulemaking, a comprehensive 
     assessment of specific costs and benefits resulting from 
     implementation of the proposed new regulation or the proposed 
     regulatory change including an assessment of the total number 
     of direct and indirect jobs to be gained or lost as a result 
     of implementation of the proposed new regulation or the 
     proposed regulatory change. Such assessment shall be required 
     to the extent that the Department of Environmental Protection 
     is not in compliance with any applicable Executive Order 
     requiring an analysis of costs and benefits for proposed 
     regulations submitted to the Office of Management and Budget 
     for review. The assessment required by this subsection shall 
     not be construed to amend, modify, or alter any statute and 
     shall not be subject to judicial review. Nothing in this 
     section shall be construed to grant a cause of action to any 
     person.

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

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

     SEC. 112. STUDY OF DATA NEEDS.

       (a) Study of Data Needs.--(1) No later than 1 year after 
     the start of Bureau operations, the Secretary of the 
     Department of Environmental Protection, in consultation with 
     the Director of the Bureau and the Assistant Secretary 
     designated as Chief Information Resources Officer, shall 
     enter into an agreement with the National Academy of Sciences 
     for a study, evaluation, and report on the adequacy of the 
     data collection procedures and capabilities of the 
     Department. No later than 18 months following an agreement, 
     the National Academy of Sciences shall report its findings to 
     the Secretary and the Congress. The report shall include an 
     evaluation of the Department's data collection resources, 
     needs, and requirements, and shall include an assessment and 
     evaluation of the following systems, capabilities, and 
     procedures established by the Department to meet those needs 
     and requirements:
       (A) data collection procedures and capabilities;
       (B) data analysis procedures and capabilities;
       (C) the ability to integrate data bases;
       (D) computer hardware and software capabilities;
       (E) management information systems, including the ability 
     to integrate management information systems;
       (F) Department personnel; and
       (G) the Department's budgetary needs and resources for data 
     collection, including an assessment of the adequacy of the 
     budgetary resources provided to the Department and budgetary 
     resources used by the Department for data collection needs 
     and purposes.
       (2) The report shall include recommendations for improving 
     the Department's data collection systems, capabilities, 
     procedures, data collection, and analytical hardware and 
     software, and for improving its management information 
     systems.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as necessary to carry out the 
     provisions of this section.

     SEC. 113. MISCELLANEOUS EMPLOYMENT RESTRICTIONS.

       (a) Prohibited Employment and Advancement Considerations.--
     Except as otherwise provided in this Act, political 
     affiliation or political qualification may not be taken into 
     account in connection with the appointment of any person to 
     any position in the career civil service or in the assignment 
     or advancement of any career civil servant in the Department.
       (b) Reports on Implementation.--One year after the date of 
     the enactment of this title and again 3 years after the date 
     of the enactment of this title, the Secretary shall report to 
     the Senate Committees on Appropriations, Governmental 
     Affairs, and Environment and Public Works and to the House of 
     Representatives on the estimated additional cost of 
     implementing this title over the cost as if this title had 
     not been implemented, including a justification of increased 
     staffing not required in the execution of this title.

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

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

                               ``TITLE II


                   ``ENVIRONMENTAL QUALITY REPORT''.

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

     SEC. 115. ADMINISTRATIVE PROVISIONS.

       (a) Acceptance of Money and Property.--(1) The Secretary 
     may accept and retain money, uncompensated services, and 
     other real and personal property or rights (whether by gift, 
     bequest, devise, or otherwise) for the purpose of carrying 
     out the Department's programs and activities, except that the 
     Secretary shall not endorse any company, product, 
     organization, or service. Gifts, bequests, and devises of 
     money and proceeds from sales of other property received as 
     gifts, bequests, or devises shall be credited in a separate 
     fund in the Treasury of the United States and shall be 
     available for disbursement upon the order of the Secretary.
       (2) The Secretary shall prescribe regulations and 
     guidelines setting forth the criteria the Department shall 
     use in determining whether to accept a gift, bequest, or 
     devise. Such criteria shall take into consideration whether 
     the acceptance of the property would reflect unfavorably upon 
     the Department's or any employee's ability to carry out its 
     responsibilities or official duties in a fair and objective 
     manner, or would compromise the integrity of or the 
     appearance of the integrity of a Government program or any 
     official involved in that program.
       (b) Seal of the Department.--(1) On the effective date of 
     this Act, the seal of the Environmental Protection Agency 
     with appropriate changes shall be the seal of the Department 
     of Environmental Protection, until such time as the Secretary 
     may cause a seal of office to be made for the Department of 
     Environmental Protection of such design as the Secretary 
     shall approve.
       (2)(A) Chapter 33 of title 18, United States Code, is 
     amended by adding at the end thereof the following new 
     section:

     ``Sec. 716. Department of Environmental Protection Seal

       ``(a) Whoever knowingly displays any printed or other 
     likeness of the official seal of the Department of 
     Environmental Protection, or any facsimile thereof, in, or in 
     connection with, any advertisement, poster, circular, book, 
     pamphlet, or other publication, public meeting, play, motion 
     picture, telecast, or other production, or on any building, 
     monument, or stationery, for the purpose of conveying, or in 
     a manner reasonably calculated to convey, a false impression 
     of sponsorship or approval by the Government of the United 
     States or by any department, agency, or instrumentality 
     thereof, shall be fined not more than $250 or imprisoned not 
     more than 6 months, or both.
       ``(b) Whoever, except as authorized under regulations 
     promulgated by the Secretary of Environmental Protection and 
     published in the Federal Register, knowingly manufactures, 
     reproduces, sells, or purchases for resale, either separately 
     or appended to any article manufactured or sold, any likeness 
     of the official seal of the Department of Environmental 
     Protection, or any substantial part thereof, except for 
     manufacture or sale of the article for the official use of 
     the Government of the United States, shall be fined not more 
     than $250 or imprisoned not more than 6 months, or both.
       ``(c) A violation of subsection (a) or (b) may be enjoined 
     at the suit of the Attorney General of the United States upon 
     complaint by any authorized representative of the Secretary 
     of the Department of Environmental Protection.''.
       (B) The table of sections for chapter 33 of title 18, 
     United States Code, is amended by adding at the end thereof:

``716. Department of Environmental Protection Seal.''.

       (c) Acquisition of Copyrights and Patents.--The Secretary 
     is authorized to acquire any of the following described 
     rights if the property acquired thereby is for use by or for, 
     or useful to, the Department:
       (1) copyrights, patents, and applications for patents, 
     designs, processes, and manufacturing data;
       (2) licenses under copyrights, patents, and applications 
     for patents; and
       (3) releases, before suit is brought, for past infringement 
     of patents or copyrights.
       (d) Advisory Committee Compensation.--The Secretary is 
     authorized to pay members of advisory committees and others 
     who perform services as authorized under section 3109 of 
     title 5, United States Code, at rates for individuals not to 
     exceed the per diem rate equivalent to the rate for level V 
     of the Executive Schedule under section 5316 of title 5, 
     United States Code.

     SEC. 116. INHERENTLY GOVERNMENTAL FUNCTIONS.

       (a) Government Officers and Employees.--(1) Inherently 
     governmental functions of the Department shall be performed 
     only by officers and employees of the United States. For 
     purposes of this section, the term ``inherently governmental 
     function'' means any activity which is so intimately related 
     to the public interest as to mandate performance by 
     Government officers and employees. Inherently governmental 
     functions include those activities which require either the 
     exercise of discretion in applying Government authority or 
     the use of value judgment in making decisions for the 
     Government. The Secretary shall promulgate regulations or 
     internal guidance to implement this section. This section is 
     not intended, and may not be construed, to create any right 
     or benefit, substantive or procedural, enforceable at law by 
     a party against the United States, the Department, its 
     officers, or any person.
       (b) Conflicts of Interest.--(1) The Secretary shall by 
     regulation require any person proposing to enter into a 
     contract, grant, or cooperative agreement whether by sealed 
     bid or negotiation, for the conduct of research, development, 
     evaluation activities, or for consulting services, to provide 
     the Secretary, prior to entering into any such contract, 
     agreement, or arrangement, with all relevant information, as 
     determined by the Secretary, bearing on whether that person 
     has a possible conflict of interest with respect to--
       (A) being able to render impartial, technically sound, or 
     objective assistance or advice in light of other activities 
     or relationships with other persons; or
       (B) being given an unfair competitive advantage.
       (2) Such person shall ensure, in accordance with 
     regulations prescribed by the Secretary, compliance with this 
     section by subcontractors of such person who are engaged to 
     perform similar services.
       (3) For purposes of this subsection, the term ``consulting 
     services'' includes--
       (A) management and professional support services;
       (B) studies, analyses, and evaluations;
       (C) engineering and technical services, excluding routine 
     engineering services such as automated data processing and 
     architect and engineering contracts; and
       (D) research and development.
       (c) Require Affirmative Finding; Conflicts of Interest 
     Which Cannot Be Avoided; Mitigation of Conflicts.--(1) 
     Subject to the provisions of paragraph (2), the Secretary may 
     not enter into any such contract, agreement, or arrangement, 
     unless he affirmatively finds, after evaluating all such 
     information and any other relevant information otherwise 
     available to him, either that--
       (A) there is little or no likelihood that a conflict of 
     interest would exist; or
       (B) that such conflict has been avoided after appropriate 
     conditions have been included in such contract, agreement, or 
     arrangement.
       (2) If the Secretary determines that such conflict of 
     interest exists and that such conflict of interest cannot be 
     avoided by including appropriate conditions therein, the 
     Secretary may enter into such contract, agreement, or 
     arrangement, if the Secretary--
       (A) determines that it is in the best interests of the 
     United States to do so; and
       (B) includes appropriate conditions in such contract, 
     agreement, or arrangement to mitigate such conflict.
       (d) Public Notice Regarding Conflicts of Interest.--The 
     Secretary shall promulgate regulations which require public 
     notice to be given whenever the Secretary determines that the 
     award of a contract, agreement, or arrangement may result in 
     a conflict of interest which cannot be avoided by including 
     appropriate conditions therein.
       (e) Disclaimer.--Nothing in this section shall preclude the 
     Department from promulgating regulations to monitor potential 
     conflicts after the contract award.
       (f) Central File.--The Department shall maintain a central 
     file regarding all cases when a public notice is issued. 
     Other information required under this section shall also be 
     compiled. Access to this information shall be controlled to 
     safeguard any proprietary information.
       (g) Regulations.--No later than 120 days after the 
     effective date of this Act, the Secretary shall promulgate 
     regulations for the implementation of this section.

     SEC. 117. REFERENCES.

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

     SEC. 118. SAVINGS PROVISIONS.

       (a) Continuing Effect of Legal Documents.--All orders, 
     determinations, rules, regulations, permits, agreements, 
     grants, contracts, certificates, licenses, registrations, 
     privileges, and other administrative actions--
       (1) which have been issued, made, granted, or allowed to 
     become effective by the President, by the Administrator of 
     the Environmental Protection Agency, or by a court of 
     competent jurisdiction, in the performance of functions of 
     the Administrator or the Environmental Protection Agency, and
       (2) which are in effect at the time this Act takes effect, 
     or were final before the effective date of this Act and are 
     to become effective on or after the effective date of this 
     Act,

     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, the Secretary of 
     Environmental Protection, or other authorized official, a 
     court of competent jurisdiction, or by operation of law.
       (b) Proceedings Not Affected.--The provisions of this Act 
     shall not affect any proceedings or any application for any 
     license, permit, certificate, or financial assistance pending 
     before the Environmental Protection Agency at the time this 
     Act takes effect, but such proceedings and applications shall 
     be continued. Orders shall be issued in such proceedings, 
     appeals shall be taken therefrom, and payments shall be made 
     pursuant to such orders, as if this Act had not been enacted, 
     and orders issued in any such proceedings shall continue in 
     effect until modified, terminated, superseded, or revoked by 
     a duly authorized official, by a court of competent 
     jurisdiction, or by operation of law. Nothing in this 
     subsection shall be deemed to prohibit the discontinuance or 
     modification of any such proceeding under the same terms and 
     conditions and to the same extent that such proceeding could 
     have been discontinued or modified if this Act had not been 
     enacted.
       (c) Suits Not Affected.--The provisions of this Act shall 
     not affect suits commenced before the date this Act takes 
     effect, and in all such suits, proceedings shall be had, 
     appeals taken, and judgments rendered in the same manner and 
     with the same effect as if this Act had not been enacted.
       (d) Nonabatement of Actions.--No suit, action, or other 
     proceeding commenced by or against the Environmental 
     Protection Agency, or by or against any individual in the 
     official capacity of such individual as an officer of the 
     Environmental Protection Agency, shall abate by reason of the 
     enactment of this Act.
       (e) Administrative Actions Relating to Promulgation of 
     Regulations.--Any administrative action relating to the 
     preparation or promulgation of a regulation by the 
     Environmental Protection Agency may be continued by the 
     Department with the same effect as if this Act had not been 
     enacted.
       (f) Property and Resources.--The contracts, liabilities, 
     records, property, and other assets and interests of the 
     Environmental Protection Agency shall, after the effective 
     date of this Act, be considered to be the contracts, 
     liabilities, records, property, and other assets and 
     interests of the Department.
       (g) Savings.--The Department of Environmental Protection 
     and its officers, employees, and agents shall have all the 
     powers and authorities of the Environmental Protection 
     Agency.

     SEC. 119. CONFORMING AMENDMENTS.

       (a) Presidential Succession.--Section 19(d)(1) of title 3, 
     United States Code, is amended by inserting before the period 
     at the end thereof the following: ``, Secretary of 
     Environmental Protection''.
       (b) Definition of Department, Civil Service Laws.--Section 
     101 of title 5, United States Code, is amended by adding at 
     the end thereof the following: ``The Department of 
     Environmental Protection''.
       (c) Compensation, Level I.--Section 5312 of title 5, United 
     States Code, is amended by adding at the end thereof the 
     following: ``Secretary of Environmental Protection''.
       (d) Compensation, Level II.--Section 5313 of title 5, 
     United States Code, is amended by striking out 
     ``Administrator of Environmental Protection Agency'' and 
     inserting in lieu thereof ``Deputy Secretary of Environmental 
     Protection''.
       (e) Compensation, Level IV.--Section 5315 of title 5, 
     United States Code, is amended--
       (1) by striking out ``Inspector General, Environmental 
     Protection Agency'' and inserting in lieu thereof ``Inspector 
     General, Department of Environmental Protection''; and
       (2) by striking each reference to an Assistant 
     Administrator of the Environmental Protection Agency and by 
     adding at the end thereof the following:
       ``Assistant Secretaries, Department of Environmental 
     Protection (12).
       ``General Counsel, Department of Environmental 
     Protection.''; and
       (3) by striking out ``Chief Financial Officer, 
     Environmental Protection agency'' and inserting in lieu 
     thereof ``Chief Financial Officer, Department of 
     Environmental Protection''.
       (f) Compensation, Level V.--Section 5316 of title 5, United 
     States Code, is amended by adding at the end thereof the 
     following:
       ``Director of the Bureau of Environmental Statistics, 
     Department of Environmental Protection.
       ``Executive Director of the Commission on Improving 
     Environmental Protection.''.
       (g) Inspector General Act.--The Inspector General Act of 
     1978 is amended--
       (1) in section 11(1), by inserting ``Environmental 
     Protection,'' after ``Energy,''; and
       (2) in section 11(2), by inserting ``Environmental 
     Protection,'' after ``Energy,''.

     SEC. 120. ADDITIONAL CONFORMING AMENDMENTS.

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

     SEC. 121. SENSE OF THE SENATE.

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

     SEC. 122. OFFICE OF ENVIRONMENTAL JUSTICE.

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

     SEC. 124. WETLAND DETERMINATIONS BY A SINGLE AGENCY.

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

     SEC. 201. ESTABLISHMENT; MEMBERSHIP.

       (a) Establishment.--There is established the Commission on 
     Improving Environmental Protection (hereafter referred to as 
     ``the Commission'') whose 13 members including the Chairman 
     shall be composed of experts in governmental organization 
     (with emphasis on environmental organization), management of 
     organizations and environmental regulation and improved 
     environmental governmental service delivery, consisting of--
       (1) 7 members to be appointed by the President;
       (2) 2 members to be appointed by the Speaker of the House 
     of Representatives;
       (3) 1 member to be appointed by the Minority Leader of the 
     House of Representatives;
       (4) 2 members to be appointed by the Senate Majority 
     Leader; and
       (5) 1 member to be appointed by the Senate Minority Leader.
       (b) Chairman.--The Chairman of the Commission shall be 
     appointed by the President.
       (c) Political Party Affiliation.--Notwithstanding any other 
     provision of this section, no more than 7 members of the 
     Commission may be from the same political party.

     SEC. 202. COMMISSION RESPONSIBILITIES.

       (a) Responsibilities.--The Commission shall be responsible 
     for examining and making recommendations on the management 
     and implementation of the environmental laws and programs 
     within the jurisdiction of the Department of Environmental 
     Protection in order to enhance the ability of the Department 
     to preserve and protect human health and the environment. The 
     Commission shall make recommendations and otherwise advise 
     the President and the Congress on the need to--
       (1) enhance and strengthen the management and 
     implementation of existing programs within the Department;
       (2) enhance the organization of the Department to eliminate 
     duplication and overlap between different programs;
       (3) enhance the coordination between different programs and 
     offices within the Department;
       (4) enhance the consistency of policies throughout the 
     Department;
       (5) establish new and enhanced small business and small 
     governmental jurisdictions compliance assistance programs, 
     and to strengthen organizational mechanisms in the Department 
     for providing better compliance and technical assistance to 
     small businesses and small governmental jurisdictions; and
       (6) enhance the capacity of State and local governments to 
     manage, finance, and implement environmental laws (including 
     regulations).
       (b) Recommendations.--The Commission shall provide specific 
     steps and proposals for implementing the Commission's 
     recommendations including an estimate of the costs of 
     implementing such recommendations, except that the Commission 
     shall not suggest substantive changes in the policy expressed 
     by existing laws.
       (c) Conflict of Interests.--For purposes of the provisions 
     of chapter 11 of part I of title 18, United States Code, a 
     member of the Commission (to whom such provisions would not 
     otherwise apply except for this subsection) shall be a 
     special Government employee.

     SEC. 203. REPORT TO THE PRESIDENT AND CONGRESS.

       The Commission shall report to the President and the 
     Congress on its investigation, findings, and recommendations 
     in an interim report no later than 12 months after the 
     effective date of this title, and in a final report no later 
     than 24 months after the effective date of this title. The 
     interim report shall be made available for public review and 
     comment, and the comments taken into account in finalizing 
     the report.

     SEC. 204. COMMISSION STAFF.

       The Commission shall appoint an Executive Director who 
     shall be compensated at a rate not to exceed the rate of 
     basic pay prescribed for level V of the Executive Schedule 
     under section 5316 of title 5, United States Code. With the 
     approval of the Commission the Executive Director may appoint 
     and fix the compensation of staff sufficient to enable the 
     Commission to carry out its duties.

     SEC. 205. ADVISORY GROUPS.

       The Chairman shall convene at least one advisory group to 
     assist the Commission in developing its recommendations. One 
     advisory group shall be composed of past staff of the 
     Department of Environmental Protection and its predecessor 
     Environmental Protection Agency, other Federal and State 
     officials experienced in administering environmental 
     protection programs, members of the regulated community and 
     members of public interest groups organized to further the 
     goals of environmental protection. The Executive Director is 
     authorized to pay members of advisory committees and others 
     who perform services as authorized under section 3109 of 
     title 5, United States Code, at rates for individuals not to 
     exceed the per diem rate equivalent to the rate for level V 
     of the Executive Schedule under section 5316 of title 5, 
     United States Code. The advisory group shall be subject to 
     the provisions of the Federal Advisory Committee Act.

     SEC. 206. TERMINATION OF COMMISSION.

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

     SEC. 207. FUNDING; AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 301. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall take 
     effect on such date during the 6-month period beginning on 
     the date of enactment, as the President may direct in an 
     Executive order. If the President fails to issue an Executive 
     order for the purpose of this section, this Act and such 
     amendments shall take effect 6 months after the date of the 
     enactment of this Act.
                                 ______


                       BAUCUS AMENDMENT NO. 1732

  Mr. BAUCUS proposed an amendment to the bill S. 2019, supra; as 
follows:

       On page 47, line 3, strike ``is identified in an intended 
     use plan developed by the State pursuant to section 1474 and 
     the assistance'' and inserting in lieu thereof ``pursuant to 
     part G or any other Federal or State program''.
       On page 48, as amended by Amendment No. 1699, strike the 
     following:

     ``requirements established by the State are based on--
       ``(I) occurrence data and other relevant characteristics of 
     the contaminant or the systems subject to the requirements; 
     and
       ``(II) the monitoring frequencies are no less frequent than 
     the requirements of the national primary drinking water 
     regulations for a contaminant that has been detected at a 
     quantifiable level during the 5-year period ending on the 
     date of the monitoring.''
       and insert in lieu thereof the following:

     ``requirements established by the State--
       ``(I) are based on occurrence data and other relevant 
     characteristics of the contaminant or the systems subject to 
     the requirements; and
     ``(II) include monitoring frequencies for public water 
     systems in which a contaminant has been detected at a 
     quantifiable level no less frequent than required in the 
     national primary drinking water regulation for the 
     contaminant for a period of 5 years after the detection.
       On page 51, line 2, insert the following:
       ``(iv) Other States.--The Governor of any State that does 
     not have primary enforcement responsibility under section 
     1413 on the date of enactment of this clause may submit to 
     the Administrator a request that the Administrator modify the 
     monitoring requirements established by the Administrator and 
     applicable to public water systems in that State, and the 
     Administrator shall modify the requirements for public water 
     systems in that State if the request of the Governor is in 
     accordance with each of the requirements of this subparagraph 
     that apply to applications from States that have primary 
     enforcement responsibility. A decision by the Administrator 
     to approve a request under this clause shall be for a period 
     of 3 years and may subsequently be extended for periods of 5 
     years.''.
       On page 67, line 9, strike ``and'' and insert ``or''.
       On page 71, line 1, strike ``the issuance of the order 
     assessing the penalty'' and insert ``the proposed issuance of 
     such order.''
       On page 76, line 23, strike ``1432''.
       On page 78, line 9, strike ``to a private entity''.
       On page 83, lines 11 and 12, strike ``and Prohibition on 
     Certain Return Flows.''
       On page 84, line 21, insert '', except manufacturers,'' 
     after ``supplies''.
       On page 86, strike lines 21 through 25.
       On page 103, line 24, strike ``approved pursuant to section 
     1429'' and insert ``pursuant to section 1420''.
       On page 105, line 7, strike ``(including travelers)'' and 
     insert ``endangerment,''.
       On page 116, line 12, strike ``subparagraph'' and insert 
     ``subparagraphs''.
       On page 116, line 22, strike ````;'' and insert the 
     following new subparagraph
       ``(C) State cost adjustments.--The Administrator shall 
     revise cost estimates used in the resource model for any 
     particular State to reflect costs more likely to be 
     experienced in that State, if--
       (i) the State requests the modification;
       (ii) the revised estimates assure full and effective 
     administration of the public water system supervision program 
     in the States and the revised estimates do not overstate the 
     resources needed to administer such program; and
       (iii) the basis for the estimates are used consistently 
     under this title, including for purposes of section 
     1474(a)(2) in each fiscal year for which such section is 
     applicable.''''
       On page 130, between lines 13 and 14, insert the following:
       (4) cost-benefit analysis and risk assessment should be 
     presented with a clear statement of the uncertainties in the 
     analysis or assessment;
       On page 130, line 14, strike ``(4)'' and insert ``(5)''.
       On page 130, line 20, strike ``(5)'' and insert ``6''.
       On page 131, line 10, strike ``(6)'' and insert ``7''.
       On page 131, line 11, strike ``(7)'' and insert ``8''.
       Beginning on page 132, line 25, strike all through line 1 
     on page 133 and insert ``estimate the private and public 
     costs associated''.
       On page 133, strike lines 6 through 9 and insert the 
     following:
       (3) Evaluation of Other Federal Actions.--In addition to 
     carrying out the requirements of paragraphs (1) and (2), the 
     Administrator shall also estimate the private and public 
     costs and benefits associated with selected major Federal 
     actions chosen by the Administrator that have the most 
     significant impact on human health or the environment, 
     including the direct development
       On page 138, line 4, strike ``establish'' and insert 
     ``establish, not later than 24 months after the date of 
     enactment of this Act,''.
       On page 138, strike lines 18 through 21, and insert the 
     following:
       (a) Definition of Public Water System.--
       (1) The first sentence of section 1401(4) (42 U.S.C. 
     300f(4)) is amended by striking ``piped water for human 
     consumption'' and inserting ``water for human consumption 
     through pipes or other constructed conveyances''.
       (2) Such section is further amended by adding at the end 
     thereof the following: ``A connection for residential use 
     (drinking, bathing, cooking or other similar uses) or to a 
     facility for similar uses to a water system that conveys 
     water by means other than a pipe principally for purposes 
     other than residential use (other purposes, including 
     irrigation, stock watering, industrial use, or municipal 
     source water prior to treatment) shall not be considered a 
     connection for determining whether the system is a public 
     water system under this title, if--
       ``(A) the Administrator or the State in which the 
     residential use or facility is located has identified any 
     treatment or conditioning necessary to protect human health 
     if the water is used for human consumption and the 
     residential user of owner of the facility is employing such 
     treatment or conditioning at the point of entry; or
       ``(B) the system certifies to the Administrator or the 
     State that an alternative source of water for drinking and 
     cooking is being provided to the residential users or using 
     the facility.

     An irrigation district in existence prior to May 18, 1994 
     that provides primarily agricultural service through a piped 
     system with only incidental residential use shall not be 
     considered a public water system, if the residential use 
     complies with subparagraphs (A) and (B).''.
       (3) The provisions of this subsection shall take effect 1 
     year after the date of enactment.
       On line 9 of Amendment No. 1709, strike ``shall'' and 
     insert ``may''.
       On page 143, after line 23, insert the following new 
     subsection:
       (i) Prevention and Control of Zebra Mussel Infestation of 
     Lake Champlain--.
       (1) Findings.--Section 1002(a) of the Nonindigenous Aquatic 
     Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
     4701(a)) is amended--
       (A) by striking ``and'' at the end of paragraph (3);
       (B) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       ``(C) by adding at the end the following new paragraph:
       ``(5) the zebra mussel was discovered on Lake Champlain 
     during 1993 and the opportunity exists to act quickly to 
     establish zebra mussel controls before Lake Champlain is 
     further infested and management costs escalate.''.
       (2) Ex officio members of aquatic nuisance species task 
     force.--Section 1201(c) of such Act (16 U.S.C. 4721(c)) is 
     amended by inserting ``, the Lake Champlain Basin Program,'' 
     after ``Great Lakes Commission''.
       (3) Aquatic nuisance species program.--Subsections (b)(6) 
     and (i)(1) of section 1202 of such Act (16 U.S.C. 4722) is 
     amended by inserting ``, Lake Champlain,'' after ``Great 
     Lakes'' each place it appears.
       (4) Authorization of appropriations.--Section 1301(b) of 
     such Act (16 U.S.C. 4741(b)) is amended--
       (A) in paragraph (3), by inserting ``, and the Lake 
     Champlain Research Consortium,'' after ``Laboratory''; and
       (B) in paragraph (4)(A)--
       (i) by inserting after ``(33 U.S.C. 1121 et seq.)'' the 
     following: ``and grants to colleges for the benefit of 
     agriculture and the mechanic arts referred to in the first 
     section of the Act of August 30, 1890 (26 Stat. 417, chapter 
     841; 7 U.S.C. 322)''; and
       (ii) by inserting ``and the Lake Champlain basin'' after 
     ``Great Lakes region''.
                                 ______


                       GORTON AMENDMENT NO. 1733

  Mr. CHAFEE (for Mr. Gorton) proposed an amendment to the bill S. 
2019, supra; as follows:

       On page 109, line 7, insert the following after ``2000.''
       ``If the Administrator makes a grant to a non-profit 
     organization to provide technical assistance under this 
     section, the Administrator shall assure that the program 
     administered by the non-profit organization, in combination 
     with other grants under this section, provides technical 
     assistance among the States in an equitable manner. A non-
     profit organization conducting any activities supported by a 
     grant under this subsection, shall consult with the State 
     agency having primary enforcement responsibility under 
     section 1413 on the activities to be conducted in the 
     State.''
                                 ______


                        HATCH AMENDMENT NO. 1734

  Mr. CHAFEE (for Mr. Hatch) proposed an amendment to the bill S. 2019, 
supra; as follows:

       On page 124, after line 11, insert the following new 
     paragraph:
       ``(4) Schedule of inspections.--
       ``(A) In general.--The Administrator or authorized 
     representative of the Administrator shall conduct inspections 
     undertaken pursuant to this subsection during the normal 
     operating hours of the establishment, facility, or other 
     property.
       ``(B) Small systems.--(1) For a public water system serving 
     a population of 3,300 or less, the Administrator or 
     authorized representative of the Administrator shall, to the 
     extent practicable--
       (i) notify the person referred to in paragraph (1), at 
     least 3 days before the inspection, of the time when the 
     inspection is scheduled to occur, and
       (ii) schedule the inspection at a mutually convenient time.
       ``(C) Waiver.--The Administrator or an authorized 
     representative of the Administrator may waive the 
     requirements of subparagraphs (A) or (B) if the Administrator 
     or authorized representative of the Administrator determines 
     that an immediate inspection may be necessary to protect 
     public health.''
                                 ______


                MITCHELL (AND OTHERS) AMENDMENT NO. 1735

  Mr. BUMPERS (for Mr. Mitchell, for himself, Mr. Bumpers, and Mr. 
Baucus) proposed an amendment to the bill S. 2019, supra; as follows:

       Strike all after the first section heading and insert the 
     following:
       (a) Short Title.--This section may be cited as the 
     ``Private Property Rights Act of 1994''.
       (b) Findings.--The Congress finds that--
       (1) the protection of private property from a taking by the 
     Government without just compensation is an integral 
     protection for private citizens incorporated into the 
     Constitution by the Fifth Amendment and made applicable to 
     the States by the Fourteenth Amendment; and
       (2) Federal agencies should take into consideration the 
     impact of Governmental actions on the use and ownership of 
     private property.
       (c) Purpose.--The Congress, recognizing the important role 
     that the use and ownership of private property plays in 
     ensuring the economic and social well-being of the Nation, 
     declares that the Federal Government should protect the 
     health, safety, and welfare of the public and, in doing so, 
     to the extent practicable, avoid takings of private property.
       (d) Definitions.--For purposes of this section--
       (1) the term ``agency'' means an Executive agency as 
     defined under section 105 of title 5, United States Code, 
     and--
       (A) includes the United States Postal Service; and
       (B) does not include the General Accounting Office; and
       (2) the term ``taking of private property'' means any 
     action whereby private property is taken in such a way as to 
     require compensation under the Fifth Amendment to the United 
     States Constitution.
       (e) Private Property Taking Impact Analysis.--
       (1) In general.--The Congress authorizes and directs that, 
     to the fullest extent possible--
       (A) the policies, regulations, and public laws of the 
     United States shall be interpreted and administered in 
     accordance with the policies under this section; and
       (B) all agencies of the Federal Government shall complete a 
     private property taking impact analysis before issuing or 
     promulgating any policy, regulation, proposed legislation, or 
     related agency action which is likely to result in a taking 
     of private property, except that--
       (i) this subparagraph shall not apply to--
       (I) an action in which the power of eminent domain is 
     formally exercised;
       (II) an action taken--
       (aa) with respect to property held in trust by the United 
     States; or
       (bb) in preparation for, or in connection with, treaty 
     negotiations with foreign nations;
       (III) a law enforcement action; including seizure, for a 
     violation of law, of property for forfeiture or as evidence 
     in a criminal proceeding;
       (IV) a study or similar effort or planning activity;
       (V) a communication between an agency and a State or local 
     land-use planning agency concerning a planned or proposed 
     State or local activity that regulates private property, 
     regardless of whether the communication is initiated by an 
     agency or is undertaken in response to an invitation by the 
     State or local authority;
       (VI) the placement of a military facility or a military 
     activity involving the use of solely Federal property; and
       (VII) any military or foreign affairs function (including a 
     procurement function under a military or foreign affairs 
     function), but not including the civil works program of the 
     Army Corps of Engineers; and
       (ii) in a case in which there is an immediate threat to 
     health or safety that constitutes an emergency requiring 
     immediate response or the issuance of a regulation pursuant 
     to section 553(b)(B) of title 5, United States Code, the 
     taking impact analysis may be completed after the emergency 
     action is carried out or the regulation is published.
       (2) Content of analysis.--A private property taking impact 
     analysis shall be a written statement that includes--
       (A) the specific purpose of the policy, regulation, 
     proposal, recommendation, or related agency action;
       (B) an assessment of the likelihood that a taking a private 
     property will occur under such policy, regulation, proposal, 
     recommendation, or related agency action;
       (C) an evaluation of whether such policy, regulation, 
     proposal, recommendation, or related agency action is likely 
     to require compensation to private property owners;
       (D) alternatives to the policy, regulation, proposal, 
     recommendation, or related agency action that would achieve 
     the intended purposes of the agency action and lessen the 
     likelihood that a taking of private property will occur; and
       (E) an estimate of the potential liability of the Federal 
     Government if the Government is required to compensate a 
     private property owner.
       (3) Submission to OMB.--Each agency shall provide an 
     analysis required by this section as part of any submission 
     otherwise required to be made to the Office of Management and 
     Budget in conjunction with the proposed regulation.
       (f) Guidance and Reporting Requirements.--
       (1) Guidance.--The Attorney General shall provide legal 
     guidance in a timely manner, in response to a request by an 
     agency, to assist the agency in complying with this section.
       (2) Reporting.--Not later than 1 year after the date of 
     enactment of this Act and at the end of each 1-year period 
     thereafter, each agency shall provide a report to the 
     Director of the Office of Management and Budget and the 
     Attorney General identifying each agency action that has 
     resulted in the preparation of a taking impact analysis, the 
     filing of at taking claim, or an award of compensation 
     pursuant to the Just Compensation Clause of the Fifth 
     Amendment to the Constitution. The Director of the Office of 
     Management and Budget and the Attorney General shall publish 
     in the Federal Register, on an annual basis, a compilation of 
     the reports of all agencies made pursuant to this paragraph.
       (g) Judicial Review.--
       (1) In general.--Subject to paragraph (2), nothing in this 
     section shall create any right to administrative or judicial 
     review, or any other right or benefit or trust 
     responsibility, substantive or procedural, enforceable by a 
     party at law or equity against the United States, an agency 
     or instrumentality of the United States, an officer or 
     employee of the United States, or any other person. If an 
     agency action is subject to judicial or administrative review 
     under any other provision of law, any alleged failure to 
     comply with this section may not be used as a ground for 
     affecting or invalidating the agency action.
       (2) Claims for just compensation.--Nothing in this section 
     shall limit the right of any person to seek just compensation 
     pursuant to the Fifth Amendment to the Constitution.
       (h) Effective Date.--The provisions of this section shall 
     take effect 1230 days after the date of the enactment of this 
     Act.

                          ____________________