I
107TH CONGRESS
1ST SESSION
H. R. 2438
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
JULY 10, 2001
Mr. BOEHLERT introduced the following bill; which was referred to the
Committee on Government Reform
A BILL
To elevate the Environmental Protection Agency to Cabinet-
level status and redesignate such agency as the Depart-
ment of Environmental Protection.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Department of Envi-
ronmental Protection Act’’.
SEC. 2. REDESIGNATION OF ENVIRONMENTAL PROTEC-
TION AGENCY AS DEPARTMENT OF ENVIRON-
MENTAL PROTECTION.
(a) REDESIGNATION.—The Environmental Protec-
tion Agency is redesignated as the Department of Envi-
ronmental Protection (hereinafter in this Act referred to
as the ‘‘Department’’), and shall be an executive depart-
ment in the executive branch of the Government.
(b) SECRETARY
OF
ENVIRONMENTAL
PROTEC-
TION.—(1) There shall be at the head of the Department
a Secretary of Environmental Protection (hereinafter in
this Act referred to as the ‘‘Secretary’’) who shall be ap-
pointed by the President, by and with the advice and con-
sent of the Senate, except as provided in paragraph (2).
(2) If so designated by the President, the individual
who has been nominated and confirmed and is serving as
the Administrator of the Environmental Protection Agen-
cy on the effective date of this Act shall become the Sec-
retary of Environmental Protection, without reconfirma-
tion by the Senate.
(c) TRANSFER OF FUNCTION, POWERS, AND DU-
TIES.—The functions, powers, and duties of each officer
and employee of the Environmental Protection Agency are
transferred to and vested in the corresponding officer or
employee of the Department.
(d) DELEGATION
OF AUTHORITY.—The Secretary
may, consistent with other laws—
(1) delegate any functions, powers, or duties,
including the promulgation of regulations, to such
officers and employees of the Department as the
Secretary may designate; and
(2) authorize such successive redelegations of
such functions, powers, or duties within the Depart-
ment as the Secretary considers necessary or appro-
priate.
SEC. 3. REFERENCES.
Any reference in any other Federal law, Executive
order, rule, regulation, reorganization plan, or delegation
of authority, or in any document—
(1) to the Environmental Protection Agency is
deemed to refer to the Department of Environmental
Protection;
(2) to the Administrator of the Environmental
Protection Agency is deemed to refer to the Sec-
retary of Environmental Protection; and
(3) to a subordinate official of the Environ-
mental Protection Agency is deemed to refer to the
corresponding official of the Department of Environ-
mental Protection.
SEC. 4. SAVINGS PROVISIONS.
(a) CONTINUING EFFECT OF LEGAL DOCUMENTS.—
All orders, determinations, rules, regulations, permits,
grants, contracts, certificates, licenses, privileges, agree-
ments, registrations, and other administrative actions—
(1) which have been issued, made, granted or
allowed to become effective by the President, the Ad-
ministrator or other authorized official of the Envi-
ronmental Protection Agency, or by a court of com-
petent jurisdiction, which relate to functions of the
Administrator or any other officer or agent of the
Environmental Protection Agency actions; and
(2) which are in effect on the date of the enact-
ment 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, or
other authorized official, by a court of competent jurisdic-
tion, or by operation of law.
(b) PROCEEDINGS NOT AFFECTED.—(1) This Act
shall not affect any proceeding, proposed rule, or applica-
tion for any license, permit, certificate, registration, or fi-
nancial assistance pending before the Environmental Pro-
tection Agency on the date of the enactment of this Act,
and the effect of any such proceeding, proposed rule, or
application shall continue. Orders shall be issued, and
final determinations shall be made, in any such pro-
ceeding, proposed rule, or application, 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 with respect to any such proceeding, pro-
posed rule, or application shall continue in effect until
modified, terminated, superseded, or revoked by a duly au-
thorized official, by a court of competent jurisdiction, or
by operation of law.
(2) Nothing in this subsection prohibits the dis-
continuance or modification of any such proceeding, pro-
posed rule, or application under the same terms and condi-
tions and to the same extent that such proceeding, pro-
posed rule, or application 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 effective
date of this Act, and in all such suits, proceedings shall
be had, appeals taken, and judgments rendered in the
same manner and with the same effect as if this Act had
not been enacted.
(d) NONABATEMENT OF ACTIONS.—No suit, action,
or other proceeding commenced before the effective date
of this Act by or against the Environmental Protection
Agency, or by or against any individual in the official ca-
pacity of such individual as an officer of the Environ-
mental Protection Agency, shall abate by reason of the
enactment of this Act.
(e) PROPERTY AND RESOURCES.—The contracts, li-
abilities, 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 con-
tracts, liabilities, records, property, and other assets and
interests of the Department of Environmental Protection.
SEC. 5. CONFORMING AMENDMENTS.
After consultation with the appropriate committees of
Congress, the Secretary shall prepare and submit to Con-
gress proposed legislation containing necessary and appro-
priate technical and conforming amendments to the laws
of the United States, to reflect the changes made by this
Act. Such proposed legislation shall be submitted not later
than one year after the effective date of this Act.
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