I 
108TH CONGRESS 
1ST SESSION H. R. 2138
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 
MAY 15, 2003
Mr. OSE 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Department of Environmental Protection Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Definitions. 
Sec. 4. Redesignation of Environmental Protection Agency as Department of 
Environmental Protection.
Sec. 5. Secretary of Environmental Protection. 
Sec. 6. Other officers. 
Sec. 7. Functions of officers. 
Sec. 8. Bureau of environmental statistics. 
Sec. 9. Executive Schedule compensation of department officers. 
Sec. 10. References. 
Sec. 11. Savings provisions. 
Sec. 12. Conforming amendments.
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) The United States is one of the few nations 
that does not place environmental protection at a 
cabinet-level position. Environmental protection is as 
important as other cabinet functions, and is critical 
to the health and well-being of this nation’s ecology 
and population. 
(2) During the 107th Congress, a subcommittee 
of the Government Reform Committee of the House 
of Representatives held 3 hearings to explore the 
merits of elevating the Environmental Protection 
Agency to department-level status. These hearings 
addressed two bills that would reorganize the Agency 
as a department and that were introduced, respec-
tively, by Congressman Sherwood Boehlert and 
former Congressman Steve Horn. Several ‘‘think 
tanks’’, industry groups, and Federal and State offi-
cials testified not only about current organizational 
problems at the Agency that hinder effective envi-
ronmental protection, but also about the merits of 
reorganizing the Agency as a department. 
(3) Currently, each Environmental Protection 
Agency regional office, program office, and division 
reports directly to the Administrator and Deputy 
Administrator of the Agency. This stovepipe organi-
zation results in the Agency’s inability to effectively 
address cross-media environmental protection. The 
Agency lacks adequate oversight and coordination of 
its offices to ensure that science, policy, and imple-
mentation are integrated throughout the Agency. 
(4) Several Federal departments have their own 
statistical agencies to provide independent and reli-
able data for decisionmaking and analysis. These in-
clude the Department of Commerce’s Bureau of the 
Census, the Department of Education’s National 
Center for Education Statistics, the Department of 
Energy’s Energy Information Administration, the 
Department of Health and Human Services’ Na-
tional Center for Health Statistics, and the Depart-
ment of Labor’s Bureau of Labor Statistics. The 
Environmental Protection Agency lacks statistical 
data on current environmental conditions necessary 
to measure whether the Agency’s policies and regu-
SEC. 4. 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) MISSION OF DEPARTMENT.—The mission of the 
Department is to—
(1) protect and improve the quality of the envi-
ronment; 
(2) protect the public from actual and potential 
unreasonable environmental risks, including risks 
from wastes, products, and other substances that 
may be found in the environment; 
(3) identify, analyze, monitor, and report on ex-
isting and potential unreasonable risks to humans 
and the environment; and 
(4) assist State, regional, and local government 
agencies in protecting humans and the environment 
from unreasonable risks. 
(c) GOAL; COOPERATION.—In undertaking respon-
sibilities under this and other laws, the Department—
(1) shall be guided by the goal of improving 
overall environmental quality as effectively and effi-
ciently as possible; and 
(2) shall cooperate with States, other govern-
ment agencies, other nations, international agencies, 
and the general public. 
SEC. 5. SECRETARY OF ENVIRONMENTAL PROTECTION. 
(a) SECRETARY
OF
ENVIRONMENTAL
PROTEC-
TION.—
(1) IN GENERAL.—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 appointed by the Presi-
dent, by and with the advice and consent of the Sen-
ate, except as provided in paragraph (2). 
(2) CONTINUATION BY ADMINISTRATOR.—If so 
designated by the President, the individual who has 
been nominated and confirmed and is serving as the 
Administrator of the Environmental Protection 
Agency on the effective date of this Act shall become 
the Secretary of Environmental Protection, without 
reconfirmation by the Senate. 
(b) TRANSFER OF FUNCTION, POWERS, AND DU-
TIES.—
(1) IN GENERAL.—The functions, powers, and 
duties of each officer and employee of the Environ-
mental Protection Agency are transferred to and 
vested in the corresponding officer or employee of 
the Department. 
(2) 
DESIGNATION
OF
OFFICER
OR
EM-
PLOYEE.—In any case in which the Secretary deter-
mines that the corresponding officer or employee of 
the Department is not apparent for purposes of 
paragraph (1), the Secretary may designate such of-
ficer or employee. 
(c) DELEGATION
OF AUTHORITY.—The Secretary 
may, consistent with this and 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. 6. OTHER OFFICERS. 
(a) SENATE-CONFIRMED OFFICERS.—There are the 
following officers of the Department, who shall be ap-
pointed by the President, by and with the advice and con-
sent of the Senate: 
(1) A Deputy Secretary of Environmental Pro-
tection, who shall be the Secretary’s first assistant 
for purposes of subchapter III of chapter 33 of title 
5, United States Code. 
(2) 3 Under Secretaries of Environmental Pro-
tection, as follows: 
(A) An Under Secretary for Science and 
Information. 
(B) An Under Secretary for Policy, Plan-
ning, and Innovation. 
(C) An Under Secretary for Implementa-
tion, Compliance, and Enforcement. 
(3) A Chief Financial Officer as provided in 
chapter 9 of title 31, United States Code. 
(4) An Inspector General, as provided in section 
3(a) of the Inspector General Act of 1978 (5 U.S.C. 
App.). 
(b) OTHER OFFICERS.—To assist the Secretary in 
the performance of the Secretary’s functions, there are the 
following officers, appointed by the President: 
(1) Up to 5 Assistant Secretaries of Environ-
mental Protection.