Summary: H.R.3425 — 103rd Congress (1993-1994)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Reported to House with amendment(s) (11/10/1993)


Title I: Redesignation of Environmental Protection Agency

as Department of Environmental Protection

Title II: Administrative Provisions

Department of Environmental Protection Act - Title I: Redesignation of Environmental Protection Agency as Department of Environmental Protection - Redesignates the Environmental Protection Agency (EPA) as the Department of Environmental Protection to be headed by a Secretary of the Environment.

(Sec. 109) Requires the Secretary to establish a permanent information resources management steering committee and to designate a Chief Information Officer.

(Sec. 110) Directs the Secretary to develop policies for encouraging greater public access to departmental information and to maintain a public access system that provides an inventory of the Department's information services and other holdings.

(Sec. 111) Establishes a Bureau of Environmental Statistics, an Office of Environmental Justice, an Advisory Committee on Environmental Justice, and an Office of Environmental Risk. Requires the Director of the Office of Environmental Justice to promote environmental justice for all people wherever they are located or work in the United States and regardless of income, race, ethnicity, or national origin. Provides that any requirements imposed on State or local governments by the Bureau or the Office of Environmental Justice to conduct activities shall only apply if the Federal Government pays the direct costs of the activities.

(Sec. 114) Requires the Secretary to: (1) provide for the acquisition and development of the best credible and unbiased scientific information; and (2) implement peer review and quality assurance guidelines.

(Sec. 115) Establishes conflict-of-interest reporting requirements for members of Department advisory committees who are not Federal employees.

(Sec. 116) Permits the Department to enter into an umbrella contract only if the contract: (1) does not exceed five years (ten years for a response action contract or a longer period under unusual and compelling circumstances); (2) is awarded pursuant to full and open competition, except under specified conditions; and (3) does not authorize the contractor to procure items on behalf of the Federal Government, other than items procured under and for response action contracts and in which the Government has all rights and interests.

Defines an "umbrella contract" as a contract that: (1) provides for the performance of specific advisory and assistance services but does not procure or specify a firm quantity of services; (2) provides for services to be supplied in response to Federal task orders; (3) requires the contractor to provide a stated amount of effort over a given period of time; and (4) has a maximum potential value of at least $1 million, is not a fixed price contract, and is for a period longer than one year.

Lists subcontracting requirements.

(Sec. 117) Declares that it shall be the policy of the Department to prevent the transfer of inherently governmental functions to private sector contractors.

(Sec. 118) Disallows indirect costs incurred by a Department contractor if a cost submitted is unallowable because it is in violation of a cost principle in the Federal Acquisition Regulation or other law. Applies this requirement to contracts in excess of $100,000 other than fixed-price contracts without cost incentives.

Prescribes penalties for the submission of unallowable costs.

(Sec. 119) Lists unallowable costs as costs of entertainment, gifts, or recreation for contractor employees.

Title II: Administrative Provisions - Sets forth provisions governing: (1) the acquisition of copyrights and patents by the Secretary; (2) the acceptance of gifts; (3) the departmental seal; and (4) the use of existing stationery, forms, and other EPA supplies.