I

103D CONGRESS

1ST SESSION H. R. 824

To establish a Department of Environmental Protection, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 4, 1993

Mr. CLINGER (for himself, Mr. MCCANDLESS, Mr. HASTERT, Mr. SHAYS, Mr.

SCHIFF, Mr. ZIMMER, and Mr. MCHUGH) introduced the following bill;

which was referred to the Committee on Government Operations

A BILL

To establish a Department of Environmental Protection, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Department of Envi5 ronmental Protection Act’’.
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1 TITLE I—REDESIGNATION OF

2 ENVIRONMENTAL PROTEC3 TION AGENCY AS DEPART4 MENT OF ENVIRONMENTAL

5 PROTECTION

6 SEC. 101. REDESIGNATION OF ENVIRONMENTAL PROTEC7 TION AGENCY AS DEPARTMENT OF ENVIRON8 MENTAL PROTECTION.

9 (a) REDESIGNATION.—The Environmental Protec10 tion Agency is redesignated as the Department of Envi11 ronmental Protection (hereinafter in this Act referred to

12 as the ‘‘Department’’), and shall be an executive depart13 ment in the executive branch of the Government. The De14 partment shall be headquartered at the seat of Govern15 ment. The official acronym of the Department shall be

16 ‘‘D.E.P.’’.

17 (b) SECRETARY OF THE ENVIRONMENT.—(1) There

18 shall be at the head of the Department a Secretary of En19 vironmental Protection (hereinafter in this Act referred to

20 as the ‘‘Secretary’’) who shall be appointed by the Presi21 dent, by and with the advice and consent of the Senate.

22 (2) OFFICE OF THE SECRETARY.—The Office of the

23 Secretary shall consist of the Secretary and the Deputy

24 Secretary appointed under subsection (d), and may in25 clude an Executive Secretary.
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1 (c) TRANSFER.—The functions, powers, and duties of

2 the Administrator, other officers and employees of the En3 vironmental Protection Agency, and the various offices

4 and agencies of the Environmental Protection Agency are

5 transferred to and vested in the Secretary.

6 (d) DEPUTY SECRETARY.—There shall be in the De7 partment a Deputy Secretary of Environmental Protec8 tion, who shall be appointed by the President, by and with

9 the advice and consent of the Senate. The Deputy Sec10 retary shall perform such functions as the Secretary shall

11 prescribe, and shall act as the Secretary during the ab12 sence or disability of the Secretary or in the event of a

13 vacancy in the Office of the Secretary.

14 (e) DELEGATION OF AUTHORITY.—Except as pro15 vided in this Act and other existing laws, the Secretary

16 may delegate any functions, including the making of regu17 lations, to such officers and employees of the Department

18 as the Secretary may designate, and may authorize such

19 successive redelegations of such functions within the De20 partment as the Secretary considers to be necessary or

21 appropriate.

22 SEC. 102. ASSISTANT SECRETARIES.

23 (a) ESTABLISHMENT OF POSITIONS.—There shall be

24 in the Department such number of Assistant Secretaries,
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1 not to exceed 10, as the Secretary shall determine, each

2 of whom—

3 (1) shall be appointed by the President, by and

4 with the advice and consent of the Senate; and

5 (2) shall perform such functions as the Sec6 retary shall prescribe.

7 (b) FUNCTIONS.—The Secretary shall assign to each

8 Assistant Secretary of the Department such functions as

9 the Secretary considers appropriate.

10 (c) DESIGNATION OF FUNCTIONS PRIOR TO CON11 FIRMATION.—Whenever the President submits the name

12 of an individual to the Senate for confirmation as an As13 sistant Secretary under this section, the President shall

14 state the particular functions of the Department (as as15 signed by the Secretary under subsection (b)) such individ16 ual will exercise upon taking office.

17 SEC. 103. DEPUTY ASSISTANT SECRETARIES.

18 (a) ESTABLISHMENT OF POSITIONS.—There shall be

19 in the Department 20 Deputy Assistant Secretaries, or

20 such number as the Secretary determines is appropriate.

21 (b) APPOINTMENTS.—Each Deputy Assistant Sec22 retary—

23 (1) shall be appointed by the Secretary; and

24 (2) shall perform such functions as the Sec25 retary shall prescribe.
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1 (c) CAREER SENIOR EXECUTIVE SERVICE.—At least

2 one-half of positions established under subsection (a) and

3 filled by subsection (b) shall be in the career Senior Execu4 tive Service.

5 (d) FUNCTIONS.—Functions assigned to an Assistant

6 Secretary under section 102(b) may be performed by one

7 or more Deputy Assistant Secretaries appointed to assist

8 such Assistant Secretary.

9 SEC. 104. OFFICE OF THE GENERAL COUNSEL.

10 (a) GENERAL COUNSEL.—There shall be in the De11 partment the Office of the General Counsel. There shall

12 be at the head of such office a General Counsel who shall

13 be appointed by the President, by and with the advice and

14 consent of the Senate. The General Counsel shall be the

15 chief legal officer of the Department and shall provide

16 legal assistance to the Secretary concerning the programs

17 and policies of the Department.

18 (b) DEPUTY GENERAL COUNSEL.—There shall be in

19 the Office of the General Counsel at least one Deputy Gen20 eral Counsel, who—

21 (1) shall be appointed by the General Counsel;

22 and

23 (2) shall perform such functions as the Sec24 retary shall prescribe.
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1 SEC. 105. OFFICE OF INSPECTOR GENERAL.

2 The Office of Inspector General of the Environmental

3 Protection Agency, established in accordance with the In4 spector General Act of 1978 (5 U.S.C. App.), is redesig5 nated as the Office of Inspector General of the Depart6 ment of Environmental Protection.

7 SEC. 106. REGIONAL ADMINISTRATORS.

8 There shall be in the Department not more than 11

9 regional administrators, each of whom shall be appointed

10 by the Secretary. Political affiliation or political qualifica11 tion may not be the primary factor taken into account in

12 connection with the appointment of any person to a posi13 tion as a regional administrator of the Department. Each

14 regional administrator shall—

15 (1) perform in accordance with applicable law

16 such of the functions transferred or delegated to or

17 vested in the Secretary as the Secretary shall pre18 scribe in accordance with the provisions of this Act

19 and other applicable law; and

20 (2) implement program policies and priorities

21 as established by the Secretary, Assistant Secretar22 ies, and Deputy Secretaries.

23 SEC. 107. CONTINUING PERFORMANCE OF FUNCTIONS.

24 (a) REDESIGNATION OF POSITIONS.—(1) The Ad25 ministrator of the Environmental Protection Agency is re-
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1 designated as the Secretary of the Department of Environ2 mental Protection.

3 (2) The Deputy Administrator of such agency is re4 designated as the Deputy Secretary of the Department of

5 Environmental Protection.

6 (3) Each Assistant Administrator of such agency is

7 redesignated as an Assistant Secretary of the Department.

8 (4) The General Counsel of such agency is redesig9 nated as the General Counsel of the Department.

10 (5) The Inspector General of such agency is redesig11 nated as the Inspector General of the Department.

12 (b) NOT SUBJECT TO RENOMINATION OR RECON13 FIRMATION.—An individual serving at the pleasure of the

14 President in a position that is redesignated by subsection

15 (a) may continue to serve in and perform functions of that

16 position after the date of the enactment of this Act with17 out renomination by the President or reconfirmation by

18 the Senate.

19 SEC. 108. REFERENCES.

20 Reference in any other Federal law, Executive order,

21 rule, regulation, reorganization plan, or delegation of au22 thority, or in any document—

23 (1) to the Environmental Protection Agency is

24 deemed to refer to the Department of Environmental

25 Protection;
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1 (2) to the Administrator of the Environmental

2 Protection Agency is deemed to refer to the Sec3 retary of Environmental Protection;

4 (3) to the Deputy Administrator of the Envi5 ronmental Protection Agency is deemed to refer to

6 the Deputy Secretary of Environmental Protection;

7 and

8 (4) to an Assistant Administrator of the Envi9 ronmental Protection Agency is deemed to refer to

10 the corresponding Assistant Secretary of the Depart11 ment of Environmental Protection who is assigned

12 the functions of that Assistant Administrator.

13 SEC. 109. SAVINGS PROVISIONS.

14 (a) CONTINUING EFFECT OF LEGAL DOCUMENTS.—

15 All orders, determinations, rules, regulations, permits,

16 grants, contracts, certificates, licenses, privileges, and

17 other administrative actions—

18 (1) which have been issued, made, granted or

19 allowed to become effective by the President, the Ad20 ministrator or other authorized official of the Envi21 ronmental Protection Agency, or by a court of com22 petent jurisdiction, which relate to functions of the

23 Administrator or any other officer or agent of the

24 Environmental Protection Agency actions; and
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1 (2) which are in effect at the time this Act

2 takes effect;

3 shall continue in effect according to their terms until

4 modified, terminated, superseded, set aside, or revoked in

5 accordance with law by the President, the Secretary, or

6 other authorized official, by a court of competent jurisdic7 tion, or by operation of law.

8 (b) PROCEEDINGS NOT AFFECTED.—This Act shall

9 not affect any proceeding, proposed rule, or application

10 for any license, permit, certificate, or financial assistance

11 pending before the Environmental Protection Agency at

12 the time this Act takes effect, and such proceedings and

13 applications shall be continued. Orders shall be issued in

14 such proceedings, appeals shall be taken therefrom, and

15 payments shall be made pursuant to such orders, as if this

16 Act had not been enacted, and orders issued in any such

17 proceedings shall continue in effect until modified, termi18 nated, superseded, or revoked by a duly authorized official,

19 by a court of competent jurisdiction, or by operation of

20 law. Nothing in this subsection prohibits the discontinu21 ance or modification of any such proceeding under the

22 same terms and conditions and to the same extent that

23 such proceeding could have been discontinued or modified

24 if this Act had not been enacted.
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1 (c) SUITS NOT AFFECTED.—This Act shall not affect

2 suits commenced before the effective date of this Act, and

3 in all such suits proceedings shall be had, appeals taken,

4 and judgments rendered in the same manner and with the

5 same effect as if this Act had not been enacted.

6 (d) NONABATEMENT OF ACTIONS.—No suit, action,

7 or other proceeding commenced by or against the Environ8 mental Protection Agency, or by or against any individual

9 in the official capacity of such individual as an officer of

10 the Environmental Protection Agency, shall be abated by

11 reason of the enactment of this Act.

12 (e) PROPERTY AND RESOURCES.—The contracts, li13 abilities, records, property, and other assets and interests

14 of the Environmental Protection Agency shall, after the

15 effective date of this Act, be considered to be contracts,

16 liabilities, records, property, and other assets and interests

17 of the Department.

18 SEC. 110. CONFORMING AMENDMENTS.

19 (a) PRESIDENTIAL SUCCESSION.—Section 19(d)(1)

20 of title 3, United States Code, is amended by inserting

21 before the period at the end thereof the following: ‘‘, Sec22 retary of Environmental Protection’’.

23 (b) DEFINITION OF DEPARTMENT IN CIVIL SERVICE

24 LAWS.—Section 101 of title 5, United States Code, is

25 amended by adding at the end thereof the following:
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1 ‘‘The Department of Environmental Protec2 tion.’’.

3 (c) COMPENSATION, LEVEL I.—Section 5312 of title

4 5, United States Code, is amended by adding at the end

5 thereof the following:

6 ‘‘Secretary of Environmental Protection.’’.

7 (d) COMPENSATION, LEVEL II.—Section 5313 of title

8 5, United States Code, is amended by striking ‘‘Adminis9 trator of Environmental Protection Agency’’ and inserting

10 in lieu thereof ‘‘Deputy Secretary of Environmental Pro11 tection’’.

12 (e) COMPENSATION, LEVEL IV.—Section 5315 of

13 title 5, United States Code, is amended—

14 (1) by striking ‘‘Inspector General, Environ15 mental Protection Agency’’ and inserting in lieu

16 thereof ‘‘Inspector General, Department of Environ17 mental Protection’’;

18 (2) by striking each reference to an Assistant

19 Administrator, or Assistant Administrators, of the

20 Environmental Protection Agency; and

21 (3) by adding at the end thereof the following:

22 ‘‘Assistant Secretaries, Department of Environ23 mental Protection.

24 ‘‘General Counsel, Department of Environ25 mental Protection.’’.
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1 (f) INSPECTOR GENERAL ACT.—The Inspector Gen2 eral Act of 1978 is amended—

3 (1) in section 11(1)—

4 (A) by inserting ‘‘Environmental Protec5 tion,’’ after ‘‘Energy,’’; and

6 (B) by striking ‘‘Environmental Protec7 tion,’’; and

8 (2) in section 11(2)—

9 (A) by inserting ‘‘Environmental Protec10 tion,’’ after ‘‘Energy,’’; and

11 (B) by striking ‘‘the Environmental Pro12 tection Agency,’’.

13 SEC. 111. ADDITIONAL CONFORMING AMENDMENTS.

14 After consultation with the Committee on Govern15 ment Operations of the House of Representatives, the

16 Committee on Governmental Affairs of the Senate, and

17 other appropriate committees of the Congress, the Sec18 retary shall prepare and submit to the Congress proposed

19 legislation containing technical and conforming amend20 ments to the laws of the United States, to reflect the

21 changes made by this Act. Such proposed legislation shall

22 be submitted not later than 1 year after the effective date

23 of this Act.
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1 TITLE II—ADMINISTRATIVE

2 PROVISIONS

3 SEC. 201. ACQUISITION OF COPYRIGHTS AND PATENTS.

4 The Secretary may acquire any of the following rights

5 if the property acquired thereby is for use by or for, or

6 useful to, the Department:

7 (1) Copyrights, patents, and applications for

8 patents, designs, processes, and manufacturing data.

9 (2) Licenses under copyrights, patents, and ap10 plications for patents.

11 (3) Releases, before suit is brought, for past in12 fringement of patents or copyrights.

13 SEC. 202. GIFTS AND BEQUESTS.

14 The Secretary may accept, hold, administer, and uti15 lize gifts, bequests, and devises of real or personal prop16 erty for the purpose of aiding or facilitating the work of

17 the Department. Gifts, bequests, and devises of money and

18 proceeds from sales of other property received as gifts, be19 quests, or devises shall be deposited in the Treasury and

20 shall be available for disbursement upon the order of the

21 Secretary.

22 SEC. 203. OFFICIAL SEAL OF DEPARTMENT.

23 On and after the effective date of this Act, the seal

24 of the Environmental Protection Agency, with appropriate

25 changes, shall be the official seal of the Department, until
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1 such time as the Secretary may cause an official seal to

2 be made for the Department of such design as the Sec3 retary shall approve.

4 SEC. 204. USE OF LIKENESS OF OFFICIAL SEAL OF DEPART5 MENT.

6 (a) DISPLAY OF SEAL.—Whoever knowingly displays

7 any printed or other likeness of the official seal of the De8 partment, or any facsimile thereof, in or in connection

9 with, any advertisement, poster, circular, book, pamphlet,

10 or other publication, public meeting, play, motion picture,

11 telecast, or other production, or on any building, monu12 ment, or stationery, for the purpose of conveying, or in

13 a manner reasonably calculated to convey, a false impres14 sion of sponsorship or approval by the Government of the

15 United States or by any department, agency, or instru16 mentality thereof, shall be fined not more than $250 or

17 imprisoned not more than 6 months, or both.

18 (b) MANUFACTURE, REPRODUCTION, SALE, OR PUR19 CHASES FOR RESALE.—Except as authorized under regu20 lations promulgated by the Secretary and published in the

21 Federal Register, whoever knowingly manufactures, repro22 duces, sells, or purchases for resale, either separately or

23 appended to any article manufactured or sold, any likeness

24 of the official seal of the Department or any substantial

25 part thereof (except for manufacture or sale of the article
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1 for the official use of the Government of the United

2 States), shall be fined not more than $250 or imprisoned

3 not more than 6 months, or both.

4 (c) INJUNCTIONS.—A violation of subsection (a) or

5 (b) may be enjoined by an action brought by the Attorney

6 General in the appropriate district court of the United

7 States. The Attorney General shall file such an action

8 upon request of the Secretary or any authorized represent9 ative of the Secretary.

10 SEC. 205. USE OF STATIONERY, PRINTED FORMS, AND SUP11 PLIES OF ENVIRONMENTAL PROTECTION

12 AGENCY.

13 The Secretary shall ensure that, to the extent prac14 ticable, existing stationery, printed forms, and other sup15 plies of the Environmental Protection Agency are used to

16 carry out functions of the Department before procuring

17 new stationery, printed forms, and other supplies for the

18 Department.

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