I 

109TH CONGRESS 

2D SESSION H. R. 5078 

To elevate the Environmental Protection Agency to Cabinet-level status and 

redesignate such agency as the Department of Environmental Protection. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 4, 2006 

Mr. BOEHLERT (for himself and Mr. MICHAUD) introduced the following bill; 

which was referred to the Committee on Government Reform 

A BILL 

To elevate the Environmental Protection Agency to Cabinetlevel status and redesignate such agency as the Department of Environmental Protection. 

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’’. 

6 SEC. 2. 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 EnviVerDate Aug 31 2005 00:54 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5078.IH H5078

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1 ronmental Protection (hereinafter in this Act referred to 

2 as the ‘‘Department’’), and shall be an executive depart3 ment in the executive branch of the Government. 

4 (b) SECRETARY OF ENVIRONMENTAL PROTEC5 TION.—(1) There shall be at the head of the Department 

6 a Secretary of Environmental Protection (hereinafter in 

7 this Act referred to as the ‘‘Secretary’’) who shall be ap8 pointed by the President, by and with the advice and con9 sent of the Senate, except as provided in paragraph (2). 

10 (2) If so designated by the President, the individual 

11 who has been nominated and confirmed and is serving as 

12 the Administrator of the Environmental Protection Agen13 cy on the date of enactment of this Act shall become the 

14 Secretary of Environmental Protection, without recon15 firmation by the Senate. 

16 (c) TRANSFER OF FUNCTION, POWERS, AND DU17 TIES.—The functions, powers, and duties of each officer 

18 and employee of the Environmental Protection Agency are 

19 transferred to and vested in the corresponding officer or 

20 employee of the Department. 

21 (d) DELEGATION OF AUTHORITY.—The Secretary 

22 may, consistent with other laws— 

23 (1) delegate any functions, powers, or duties, 

24 including the promulgation of regulations, to such 


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1 officers and employees of the Department as the 

2 Secretary may designate; and 

3 (2) authorize such successive redelegations of 

4 such functions, powers, or duties within the Depart5 ment as the Secretary considers necessary or appro6 priate. 

7 SEC. 3. REFERENCES. 

8 Any reference in any other Federal law, Executive 

9 order, rule, regulation, reorganization plan, or delegation 

10 of authority, or in any document— 

11 (1) to the Environmental Protection Agency is 

12 deemed to refer to the Department of Environmental 

13 Protection; 

14 (2) to the Administrator of the Environmental 

15 Protection Agency is deemed to refer to the Sec16 retary of Environmental Protection; and 

17 (3) to a subordinate official of the Environ18 mental Protection Agency is deemed to refer to the 

19 corresponding official of the Department of Environ20 mental Protection. 

21 SEC. 4. SAVINGS PROVISIONS. 

22 (a) CONTINUING EFFECT OF LEGAL DOCUMENTS.— 

23 All orders, determinations, rules, regulations, permits, 

24 grants, contracts, certificates, licenses, privileges, agree25 ments, registrations, and other administrative actions— 


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

2 allowed to become effective by the President, the Ad3 ministrator or other authorized official of the Envi4 ronmental Protection Agency, or by a court of com5 petent jurisdiction, which relate to functions of the 

6 Administrator or any other officer or agent of the 

7 Environmental Protection Agency actions; and 

8 (2) which are in effect on the date of the enact9 ment of this Act, 

10 shall continue in effect according to their terms until 

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

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

13 other authorized official, by a court of competent jurisdic14 tion, or by operation of law. 

15 (b) PROCEEDINGS NOT AFFECTED.—(1) This Act 

16 shall not affect any proceeding, proposed rule, or applica17 tion for any license, permit, certificate, registration, or fi18 nancial assistance pending before the Environmental Pro19 tection Agency on the date of the enactment of this Act, 

20 and the effect of any such proceeding, proposed rule, or 

21 application shall continue. Orders shall be issued, and 

22 final determinations shall be made, in any such pro23 ceeding, proposed rule, or application, appeals shall be 

24 taken therefrom, and payments shall be made pursuant 

25 to such orders, as if this Act had not been enacted, and 


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1 orders issued with respect to any such proceeding, pro2 posed rule, or application shall continue in effect until 

3 modified, terminated, superseded, or revoked by a duly au4 thorized official, by a court of competent jurisdiction, or 

5 by operation of law. 

6 (2) Nothing in this subsection prohibits the dis7 continuance or modification of any such proceeding, pro8 posed rule, or application under the same terms and condi9 tions and to the same extent that such proceeding, pro10 posed rule, or application could have been discontinued or 

11 modified if this Act had not been enacted. 

12 (c) SUITS NOT AFFECTED.—The provisions of this 

13 Act shall not affect suits commenced before the date of 

14 enactment of this Act, and in all such suits, proceedings 

15 shall be had, appeals taken, and judgments rendered in 

16 the same manner and with the same effect as if this Act 

17 had not been enacted. 

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

19 or other proceeding commenced before the date of enact20 ment of this Act by or against the Environmental Protec21 tion Agency, or by or against any individual in the official 

22 capacity of such individual as an officer of the Environ23 mental Protection Agency, shall abate by reason of the 

24 enactment of this Act. 


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1 (e) PROPERTY AND RESOURCES.—The contracts, li2 abilities, records, property, and other assets and interests 

3 of the Environmental Protection Agency shall, after the 

4 date of enactment of this Act, be considered to be the con5 tracts, liabilities, records, property, and other assets and 

6 interests of the Department of Environmental Protection. 

7 SEC. 5. CONFORMING AMENDMENTS. 

8 After consultation with the appropriate committees of 

9 Congress, the Secretary shall prepare and submit to Con10 gress proposed legislation containing necessary and appro11 priate technical and conforming amendments to the laws 

12 of the United States, to reflect the changes made by this 

13 Act. Such proposed legislation shall be submitted not later 

14 than one year after the date of enactment of this Act. 

Æ 


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