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.
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’’.
TITLE 
I—REDESIGNATION 
OF
ENVIRONMENTAL 
PROTEC-
TION AGENCY AS DEPART-
MENT 
OF 
ENVIRONMENTAL
PROTECTION
SEC. 101. 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. The De-
partment shall be headquartered at the seat of Govern-
ment. The official acronym of the Department shall be
‘‘D.E.P.’’.
(b) SECRETARY OF THE ENVIRONMENT.—(1) There
shall be at the head of the Department a Secretary of En-
vironmental Protection (hereinafter in this Act referred to
as the ‘‘Secretary’’) who shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate.
(2) OFFICE OF THE SECRETARY.—The Office of the
Secretary shall consist of the Secretary and the Deputy
Secretary appointed under subsection (d), and may in-
clude an Executive Secretary.
(c) TRANSFER.—The functions, powers, and duties of
the Administrator, other officers and employees of the En-
vironmental Protection Agency, and the various offices
and agencies of the Environmental Protection Agency are
transferred to and vested in the Secretary.
(d) DEPUTY SECRETARY.—There shall be in the De-
partment a Deputy Secretary of Environmental Protec-
tion, who shall be appointed by the President, by and with
the advice and consent of the Senate. The Deputy Sec-
retary shall perform such functions as the Secretary shall
prescribe, and shall act as the Secretary during the ab-
sence or disability of the Secretary or in the event of a
vacancy in the Office of the Secretary.
(e) DELEGATION OF AUTHORITY.—Except as pro-
vided in this Act and other existing laws, the Secretary
may delegate any functions, including the making of regu-
lations, to such officers and employees of the Department
as the Secretary may designate, and may authorize such
successive redelegations of such functions within the De-
partment as the Secretary considers to be necessary or
appropriate.
SEC. 102. ASSISTANT SECRETARIES.
(a) ESTABLISHMENT OF POSITIONS.—There shall be
in the Department such number of Assistant Secretaries,
not to exceed 10, as the Secretary shall determine, each
of whom—
(1) shall be appointed by the President, by and
with the advice and consent of the Senate; and
(2) shall perform such functions as the Sec-
retary shall prescribe.
(b) FUNCTIONS.—The Secretary shall assign to each
Assistant Secretary of the Department such functions as
the Secretary considers appropriate.
(c) DESIGNATION OF FUNCTIONS PRIOR TO CON-
FIRMATION.—Whenever the President submits the name
of an individual to the Senate for confirmation as an As-
sistant Secretary under this section, the President shall
state the particular functions of the Department (as as-
signed by the Secretary under subsection (b)) such individ-
ual will exercise upon taking office.
SEC. 103. DEPUTY ASSISTANT SECRETARIES.
(a) ESTABLISHMENT OF POSITIONS.—There shall be
in the Department 20 Deputy Assistant Secretaries, or
such number as the Secretary determines is appropriate.
(b) APPOINTMENTS.—Each Deputy Assistant Sec-
retary—
(1) shall be appointed by the Secretary; and
(2) shall perform such functions as the Sec-
retary shall prescribe.
(c) CAREER SENIOR EXECUTIVE SERVICE.—At least
one-half of positions established under subsection (a) and
filled by subsection (b) shall be in the career Senior Execu-
tive Service.
(d) FUNCTIONS.—Functions assigned to an Assistant
Secretary under section 102(b) may be performed by one
or more Deputy Assistant Secretaries appointed to assist
such Assistant Secretary.
SEC. 104. OFFICE OF THE GENERAL COUNSEL.
(a) GENERAL COUNSEL.—There shall be in the De-
partment 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.
(b) DEPUTY GENERAL COUNSEL.—There shall be in
the Office of the General Counsel at least one Deputy Gen-
eral Counsel, who—
(1) shall be appointed by the General Counsel;
and
(2) shall perform such functions as the Sec-
retary shall prescribe.
SEC. 105. OFFICE OF INSPECTOR GENERAL.
The Office of Inspector General of the Environmental
Protection Agency, established in accordance with the In-
spector General Act of 1978 (5 U.S.C. App.), is redesig-
nated as the Office of Inspector General of the Depart-
ment of Environmental Protection.
SEC. 106. REGIONAL ADMINISTRATORS.
There shall be in the Department not more than 11
regional administrators, each of whom shall be appointed
by the Secretary. Political affiliation or political qualifica-
tion may not be the primary factor taken into account in
connection with the appointment of any person to a posi-
tion as a regional administrator of the Department. Each
regional administrator shall—
(1) perform in accordance with applicable law
such of the functions transferred or delegated to or
vested in the Secretary as the Secretary shall pre-
scribe in accordance with the provisions of this Act
and other applicable law; and
(2) implement program policies and priorities
as established by the Secretary, Assistant Secretar-
ies, and Deputy Secretaries.
SEC. 107. CONTINUING PERFORMANCE OF FUNCTIONS.
(a) REDESIGNATION OF POSITIONS.—(1) The Ad-
ministrator of the Environmental Protection Agency is re-
designated as the Secretary of the Department of Environ-
mental Protection.
(2) The Deputy Administrator of such agency is re-
designated as the Deputy Secretary of the Department of
Environmental Protection.
(3) Each Assistant Administrator of such agency is
redesignated as an Assistant Secretary of the Department.
(4) The General Counsel of such agency is redesig-
nated as the General Counsel of the Department.
(5) The Inspector General of such agency is redesig-
nated as the Inspector General of the Department.
(b) NOT SUBJECT TO RENOMINATION OR RECON-
FIRMATION.—An individual serving at the pleasure of the
President in a position that is redesignated by subsection
(a) may continue to serve in and perform functions of that
position after the date of the enactment of this Act with-
out renomination by the President or reconfirmation by
the Senate.
SEC. 108. REFERENCES.
Reference in any other Federal law, Executive order,
rule, regulation, reorganization plan, or delegation of au-
thority, 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;
(3) to the Deputy Administrator of the Envi-
ronmental Protection Agency is deemed to refer to
the Deputy Secretary of Environmental Protection;
and
(4) to an Assistant Administrator of the Envi-
ronmental Protection Agency is deemed to refer to
the corresponding Assistant Secretary of the Depart-
ment of Environmental Protection who is assigned
the functions of that Assistant Administrator.
SEC. 109. SAVINGS PROVISIONS.
(a) CONTINUING EFFECT OF LEGAL DOCUMENTS.—
All orders, determinations, rules, regulations, permits,
grants, contracts, certificates, licenses, privileges, 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 at the time this Act
takes effect;
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.—This Act shall
not affect any proceeding, proposed rule, or application
for any license, permit, certificate, or financial assistance
pending before the Environmental Protection Agency at
the time this Act takes effect, and 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, termi-
nated, superseded, or revoked by a duly authorized official,
by a court of competent jurisdiction, or by operation of
law. Nothing in this subsection prohibits the discontinu-
ance 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.
‘‘The Department of Environmental Protec-
tion.’’.
(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 ‘‘Adminis-
trator of Environmental Protection Agency’’ and inserting
in lieu thereof ‘‘Deputy Secretary of Environmental Pro-
tection’’.
(e) COMPENSATION, LEVEL IV.—Section 5315 of
title 5, United States Code, is amended—
(1) by striking ‘‘Inspector General, Environ-
mental Protection Agency’’ and inserting in lieu
thereof ‘‘Inspector General, Department of Environ-
mental Protection’’;
(2) by striking each reference to an Assistant
Administrator, or Assistant Administrators, of the
Environmental Protection Agency; and
(3) by adding at the end thereof the following:
‘‘Assistant Secretaries, Department of Environ-
mental Protection.
‘‘General Counsel, Department of Environ-
mental Protection.’’.
(f) INSPECTOR GENERAL ACT.—The Inspector Gen-
eral Act of 1978 is amended—
(1) in section 11(1)—
(A) by inserting ‘‘Environmental Protec-
tion,’’ after ‘‘Energy,’’; and
(B) by striking ‘‘Environmental Protec-
tion,’’; and
(2) in section 11(2)—
(A) by inserting ‘‘Environmental Protec-
tion,’’ after ‘‘Energy,’’; and
(B) by striking ‘‘the Environmental Pro-
tection Agency,’’.
SEC. 111. ADDITIONAL CONFORMING AMENDMENTS.
After consultation with the Committee on Govern-
ment Operations of the House of Representatives, the
Committee on Governmental Affairs of the Senate, and
other appropriate committees of the Congress, the Sec-
retary shall prepare and submit to the Congress proposed
legislation containing technical and conforming amend-
ments to the laws of the United States, to reflect the
changes made by this Act. Such proposed legislation shall
be submitted not later than 1 year after the effective date
of this Act.
TITLE II—ADMINISTRATIVE
PROVISIONS
SEC. 201. ACQUISITION OF COPYRIGHTS AND PATENTS.
The Secretary may acquire any of the following 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 ap-
plications for patents.
(3) Releases, before suit is brought, for past in-
fringement of patents or copyrights.
SEC. 202. GIFTS AND BEQUESTS.
The Secretary may accept, hold, administer, and uti-
lize gifts, bequests, and devises of real or personal prop-
erty for the purpose of aiding or facilitating the work of
the Department. Gifts, bequests, and devises of money and
proceeds from sales of other property received as gifts, be-
quests, or devises shall be deposited in the Treasury and
shall be available for disbursement upon the order of the
Secretary.
SEC. 203. OFFICIAL SEAL OF DEPARTMENT.
On and after the effective date of this Act, the seal
of the Environmental Protection Agency, with appropriate
changes, shall be the official seal of the Department, until
such time as the Secretary may cause an official seal to
be made for the Department of such design as the Sec-
retary shall approve.
SEC. 204. USE OF LIKENESS OF OFFICIAL SEAL OF DEPART-
MENT.
(a) DISPLAY OF SEAL.—Whoever knowingly displays
any printed or other likeness of the official seal of the De-
partment, 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, monu-
ment, or stationery, for the purpose of conveying, or in
a manner reasonably calculated to convey, a false impres-
sion of sponsorship or approval by the Government of the
United States or by any department, agency, or instru-
mentality thereof, shall be fined not more than $250 or
imprisoned not more than 6 months, or both.
(b) MANUFACTURE, REPRODUCTION, SALE, OR PUR-
CHASES FOR RESALE.—Except as authorized under regu-
lations promulgated by the Secretary and published in the
Federal Register, whoever knowingly manufactures, repro-
duces, sells, or purchases for resale, either separately or
appended to any article manufactured or sold, any likeness
of the official seal of the Department or any substantial
part thereof (except for manufacture or sale of the article