I
103D CONGRESS
1ST SESSION
H. R. 3512
To abolish the Council on Environmental Quality and to provide for the
transfer of the duties and functions of the Council.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 16, 1993
Mr. STUDDS (for himself and Mr. DINGELL) introduced the following bill;
which was referred to the Committee on Merchant Marine and Fisheries
A BILL
To abolish the Council on Environmental Quality and to
provide for the transfer of the duties and functions of
the Council.
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 ‘‘National Environ-
mental Policy Act Administrative Reorganization Amend-
ments of 1993’’.
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SEC. 2. ESTABLISHMENT OF OFFICE OF NATIONAL ENVI-
RONMENTAL POLICY ACT COMPLIANCE.
Sections 201, 202, and 204 of title II of the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et
seq.) are redesignated and amended to read as follows:
‘‘SEC. 201. (a) There is established in the Executive
Office of the President the Office of National Environ-
mental Policy Act Compliance. The Office may be referred
to as the ‘Office of NEPA Compliance’.
‘‘(b) The head of the Office shall be the Director of
the Office of National Environmental Policy Act Compli-
ance, who shall be appointed by the President, by and with
the advice and consent of the Senate. The compensation
of the Director shall be at the rate of compensation pay-
able to the Deputy Director of the Office of Management
and Budget.
‘‘SEC. 202. (a) The Director shall—
‘‘(1) promulgate regulations governing the im-
plementation of this Act by all Federal agencies (in-
cluding independent regulatory commissions) which
include provisions for public review and comment on
the 
detailed 
statements 
required 
by 
section
102(2)(C) and, as appropriate, on other documents
prepared pursuant to this Act;
‘‘(2) mediate interagency disputes, including
recommending to the President, as appropriate, res-
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olutions of referrals of interagency disagreements
under section 203; and
‘‘(3) monitor Federal agency implementation of
this Act and regulations issued under paragraph (1),
including—
‘‘(A) reviewing and approving regulations
issued by other Federal agencies to implement
this Act;
‘‘(B) determining which Federal agency is
the lead agency for purposes of compliance with
this Act in cases in which Federal agencies do
not agree on which is the lead agency;
‘‘(C) developing alternative procedures for
complying with this Act in cases in which emer-
gency circumstances make it necessary for a
Federal agency to take an action with signifi-
cant environmental impact;
‘‘(D) developing alternative procedures for
complying with this Act, in cases in which a
change in a proposed Federal agency action or
new information relating to the environmental
impacts of such an action makes it necessary to
supplement existing analysis under this Act;
and
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‘‘(E) developing and publishing guidance
to Federal agencies regarding implementation
of title I and regulations promulgated under
paragraph (1).
‘‘(b) Nothing in this Act shall be construed to affect,
alter, or limit the independence of independent regulatory
commissions under the laws establishing such commis-
sions. The policies, practices, and interpretations under
this Act and the Environmental Quality Improvement Act
of 1970 and other laws applicable to, or adopted by, such
commissions or the Council on Environmental Quality be-
fore the date of the enactment of the National Environ-
mental Policy Act Administrative Reorganization Amend-
ments of 1993 shall continue in effect to the extent they
are consistent with such independence and carry out the
purposes of such Acts.
‘‘(c)(1) The Director, subject to paragraph (2),
shall—
‘‘(A) review and appraise the various programs
and activities of the Federal Government in light of
the policy set forth in title I for the purpose of de-
termining the extent to which such programs and
activities are contributing to the achievement of such
policy and make recommendations to the President
with respect thereto;
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‘‘(B) coordinate or facilitate the development of
recommendations to the President regarding na-
tional policies to foster and promote the improve-
ment of environmental quality to meet the conserva-
tion, social, economic, health, and other require-
ments and goals of the Nation; and
‘‘(C) coordinate or facilitate the development of
such studies, reports thereon, and recommendations
with respect to matters of policy and legislation, as
the President may request.
‘‘(2) The President may transfer to another official
in the Executive Office of the President, by Executive
order, any function of the Director under this subsection.
‘‘(d)(1) The Director, subject to paragraph (2),
shall—
‘‘(A) assist Federal agencies and departments
in appraising the effectiveness of existing and pro-
posed facilities, programs, policies, and activities of
the Federal Government, and those specific major
projects designated by the President which do not
require individual project authorization by the Con-
gress, which affect environmental quality; and
‘‘(B) assist in coordinating among Federal de-
partments and agencies those programs and activi-
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ties which affect, protect, and improve environmental
quality.
‘‘(2) The President may transfer to another official
in the Executive Office of the President or to the head
of any Federal agency, by Executive order, any function
of the Director under this subsection.
‘‘(e) The Director shall keep the appropriate Commit-
tees of the Senate and the House of Representatives in-
formed of the actions, regulations, policies, and practices
of the Office in carrying out the functions and other re-
quirements of the Director and the Office under this Act
(other than functions of the Director transferred in ac-
cordance with subsection (c)(2) or (d)(2)).
‘‘SEC. 203. Referrals of interagency disagreements by
the head of any Federal agency concerning proposed
major Federal actions significantly affecting the quality
of the human environment under section 102(2)(C) or
concerning matters under section 309(b) of the Clean Air
Act shall be made to the Office for mediation and, as ap-
propriate, resolution by the President.’’.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS TO
NEPA.
Sections 203, 205, 207, and 208 of the National En-
vironmental Policy Act of 1969, as in effect on the date
of enactment of this Act, are redesignated in order as sec-
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tions 204, 205, 206, and 207, respectively; such sections
are each amended by striking ‘‘Council’’ and inserting
‘‘Office’’ each place it appears; and section 206 of such
Act, as in effect on the day before the date of the enact-
ment of this Act, is repealed.
SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS TO
THE ENVIRONMENTAL QUALITY IMPROVE-
MENT ACT OF 1970.
The Environmental Quality Improvement Act of
1970 (42 U.S.C. 4372 et seq.) is amended—
(1) in section 202(c) by—
(A) striking ‘‘The purposes’’ and all that
follows through ‘‘(1) to’’ and inserting ‘‘the
purpose of this title is to’’; and
(B) striking ‘‘; and’’ and all that follows
through the end of the section and inserting a
period;
(2) in section 203, by striking subsections (a)
through (d) and the designation for subsection (e);
(3) by striking sections 204 and 205;
(4) in section 206(a), by striking ‘‘Office of En-
vironmental Quality Management Fund’’ and insert-
ing ‘‘Office of National Environmental Policy Act
Compliance Management Fund’’;
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(5) by redesignating section 206 as section 204;
and
(6) by adding at the end the following:
‘‘DEFINITIONS
‘‘SEC. 205. In this title, each of the terms ‘Director’
and ‘Office’ has the meaning given that term in section
3 of the National Environmental Policy Act of 1969.’’.
SEC. 5. ASSISTANCE FOR OFFICE OF NATIONAL ENVIRON-
MENTAL POLICY ACT COMPLIANCE.
The National Environmental Policy Act of 1969 (as
amended by section 3) is amended by inserting after sec-
tion 207 the following:
‘‘SEC. 208. To assist in the timely performance of
the functions of the Office, the Director may utilize per-
sonnel or otherwise obtain assistance from other entities
in the Executive Office of the President or other Federal
agencies, by mutual consent with the heads of those enti-
ties or agencies, to assist the Director in performing the
functions of the Office.’’.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 209 of the National Environmental Policy
Act of 1969 is amended to read as follows:
‘‘SEC. 209. (a) There are authorized to be appro-
priated to the Director to carry out the functions of the
Director under this or any other Act—
‘‘(1) $1,000,000 for fiscal year 1994;
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‘‘(2) $1,100,000 for fiscal year 1995;
‘‘(3) $1,200,000 for fiscal year 1996; and
‘‘(4) $1,400,000 for fiscal year 1997.
‘‘(b) Amounts appropriated to, or available for the
use of, the Office or the Director shall remain available
until expended.’’.
SEC. 7. DEFINITIONS.
The National Environmental Policy Act of 1969 is
amended by inserting after section 2 (42 U.S.C. 4321)
the following:
‘‘SEC. 3. In this Act:
‘‘(1) The term ‘Director’ means the Director of
the Office of National Environmental Policy Act
Compliance appointed under section 201(b).
‘‘(2) The term ‘Fund’ means the Office of Na-
tional Environmental Policy Act Compliance Man-
agement Fund established by section 204 of the En-
vironmental Quality Improvement Act of 1970.
‘‘(3) The term ‘Office’ means the Office of Na-
tional Environmental Policy Act Compliance estab-
lished by section 201(a).’’.
SEC. 8. TRANSFER OF FUNCTIONS TO SECRETARY OF THE
ENVIRONMENT.
(a) TRANSFERS.—There are transferred to the Sec-
retary of the Environment—
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(1) the functions of the Council on Environ-
mental Quality under paragraphs (2), (5), (6), and
(7) of section 204 of the National Environmental
Policy Act of 1969, as in effect on the day before
the date of the enactment of this Act; and
(2) the functions of the Chairman of the Coun-
cil on Environmental Quality (as Director of the Of-
fice of Environmental Quality) under paragraphs
(3), (4), (6), and (7) of section 203(d) of the Envi-
ronmental Quality Improvement Act of 1970, as in
effect on the day before the date of the enactment
of this Act.
(b) CONSTRUCTION.—The functions transferred to
the Secretary of the Environment by this section or pursu-
ant to any executive order issued pursuant to amendments
made by this Act shall not be construed by anyone to af-
fect, alter, change, or amend any other law or regulation
administered by the Secretary or his or her delegate.
(c) ACCOUNTABILITY.—The Secretary of the Envi-
ronment shall be accountable to the appropriate commit-
tees of the Senate and House of Representatives for all
functions described in subsection (b).
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary such sums
as may be necessary specifically to carry out the functions
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described in subsection (b) effectively and in a timely
manner.
SEC. 9. TERMINATION OF COUNCIL ON ENVIRONMENTAL
QUALITY AND OFFICE OF ENVIRONMENTAL
QUALITY.
(a) TERMINATION.—The Council on Environmental
Quality and the Office of Environmental Quality are ter-
minated.
(b) REFERENCES.—Reference to the Council on En-
vironmental Quality, the Office of Environmental Quality,
or any officer or employee of that council or that office
in any other Federal law, Executive order, rule, regulation,
or delegation of authority, or in any document of or relat-
ing to the Council on Environmental Quality—
(1) with respect to functions that were vested in
that council or office on the day before the date of
the enactment of this Act and are vested in the Di-
rector of the Office of National Environmental Pol-
icy Act Compliance Office by section 202 of the Na-
tional Environmental Policy Act of 1969, as amend-
ed by section 2 of this Act, is deemed to refer to the
Director of the Office of National Environmental
Policy Act Compliance or to such other official to
whom such a function is transferred in accordance
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with section 202(c)(2) or (d)(2) of that Act, as ap-
propriate; or
(2) with regard to disputes, disagreements, and
matters described in sections 202(a)(2) and 203 of
that Act, as amended by section 2 of this Act, is
deemed to refer to the Director of the Office of Na-
tional Environmental Policy Act Compliance or to
that office, as appropriate.
(c) SAVINGS PROVISIONS.—
(1) CONTINUATION OF ORDERS, ETC.—All or-
ders, determinations, rules, regulations, agreements,
grants, contracts, privileges, and other administra-
tive actions—
(A) which have been issued, made, grant-
ed, or allowed to become effective by the Presi-
dent, the Council on Environmental Quality, or
the Office of Environmental Quality, in the per-
formance of functions of the Council on Envi-
ronmental Quality or the Office of Environ-
mental Quality, or by a court of competent ju-
risdiction with respect to those functions, and
(B) which are in effect on the date of the
enactment of this Act, or were final before that
date of enactment and are to become effective
on or after that date of enactment,
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shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or re-
voked in accordance with law by the President, the
Director of the Office of National Environmental
Policy Act Compliance, any other authorized official,
a court of competent jurisdiction, or operation of
law.
(2) CONTINUATION OF PROCEEDINGS AND AP-
PLICATIONS.—The provisions of this Act shall not
affect any proceedings pending before the Council on
Environmental Quality on the date of the enactment
of this Act, but such proceedings 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 proceed-
ings 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 paragraph shall be
considered to prohibit the discontinuance or modi-
fication 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.
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(3) SUITS NOT AFFECTED.—The provisions of
this section shall not affect suits commenced before
the date of the 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 en-
acted.
(4) SUITS INVOLVING COUNCIL OR OFFICE.—
No suit, action, or other proceeding commenced by
or against the Council on Environmental Quality or
the Office of Environmental Quality, or by or
against any individual in the official capacity of such
individual as an officer or employee of the Council
or that Office, shall abate by reason of the enact-
ment of this Act.
(5) RULEMAKING.—Any administrative action
relating to the preparation or promulgation of a reg-
ulation by the Council on Environmental Quality
shall be continued by the Director of the Office of
National Environmental Policy Act Compliance or
the President with the same effect as if this Act had
not been enacted.
(6) ASSETS AND INTERESTS.—The contracts,
liabilities, records, property, and other assets and in-
terests of the Council on Environmental Quality and
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the Office of Environmental Quality shall, on and
after the date of the enactment of this Act, be con-
sidered to be the contracts, liabilities, records, prop-
erty, and other assets and interests of the Office of
National Environmental Policy Act Compliance.
(d) CONTINUING
AVAILABILITY
OF
AMOUNTS.—
Amounts available to the Council on Environmental Qual-
ity on the date of the enactment of this Act shall be avail-
able for use by the Director of the Office of National Envi-
ronmental Policy Act Compliance.
SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS.
The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) is amended—
(1) in section 2 (42 U.S.C. 4321)—
(A) by inserting ‘‘and’’ after ‘‘man;’’; and
(B) by striking ‘‘Nation;’’ and all that fol-
lows through the end of the section and insert-
ing ‘‘Nation.’’;
(2) by striking ‘‘Council on Environmental
Quality’’ each place that term appears and inserting
‘‘Director’’;
(3) 
in 
section 
102(2)(B) 
(42 
U.S.C.
4332(2)(B)) by striking ‘‘established by title II of
this Act’’;