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 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-
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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 date of enactment of this Act shall become the 
Secretary of Environmental Protection, without recon-
firmation 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 
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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— 
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(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 
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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 date of 
enactment 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 date of enact-
ment of this Act by or against the Environmental Protec-
tion Agency, or by or against any individual in the official 
capacity of such individual as an officer of the Environ-
mental Protection Agency, shall abate by reason of the 
enactment of this Act. 
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(e) PROPERTY AND RESOURCES.—The contracts, li-
abilities, records, property, and other assets and interests 
of the Environmental Protection Agency shall, after the 
date of enactment 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 date of enactment of this Act. 
Æ 
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