[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 380 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 380

 To establish a Department of Environmental Protection, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 17 (legislative day, January 5), 1993

Mr. Roth (for himself, Mr. Wellstone, Mr. Chafee, and Mr. Durenberger) 
introduced the following bill; which was read twice and referred to the 
                   Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To establish a Department of Environmental Protection, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Environmental 
Protection Act''.

TITLE I--REDESIGNATION OF ENVIRONMENTAL PROTECTION AGENCY AS DEPARTMENT 
                      OF ENVIRONMENTAL PROTECTION

SEC. 101. REDESIGNATION OF ENVIRONMENTAL PROTECTION AGENCY AS 
              DEPARTMENT OF ENVIRONMENTAL PROTECTION.

    (a) Redesignation.--The Environmental Protection Agency is 
redesignated as the Department of Environmental Protection (hereinafter 
in this Act referred to as the ``Department''), and shall be an 
executive department in the executive branch of the Government. The 
Department shall be headquartered at the seat of Government. 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 Environmental Protection (hereinafter 
in this Act referred to as the ``Secretary'') who shall be appointed by 
the President, 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 include an Executive Secretary.
    (c) Transfer.--The functions, powers, and duties of the 
Administrator, other officers and employees of the Environmental 
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 Department a Deputy 
Secretary of Environmental Protection, who shall be appointed by the 
President, by and with the advice and consent of the Senate. The Deputy 
Secretary shall perform such functions as the Secretary shall 
prescribe, and shall act as the Secretary during the absence or 
disability of the Secretary or in the event of a vacancy in the Office 
of the Secretary.
    (e) Delegation of Authority.--Except as provided in this Act and 
other existing laws, the Secretary may delegate any functions, 
including the making of regulations, to such officers and employees of 
the Department as the Secretary may designate, and may authorize such 
successive redelegations of such functions within the Department 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 Secretary 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 Confirmation.--Whenever the 
President submits the name of an individual to the Senate for 
confirmation as an Assistant Secretary under this section, the 
President shall state the particular functions of the Department (as 
assigned by the Secretary under subsection (b)) such individual 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 Secretary--
            (1) shall be appointed by the Secretary; and
            (2) shall perform such functions as the Secretary shall 
        prescribe.
    (c) 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 Department 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.

SEC. 105. OFFICE OF INSPECTOR GENERAL.

    The Office of Inspector General of the Environmental Protection 
Agency, established in accordance with the Inspector General Act of 
1978 (5 U.S.C. App.), is redesignated as the Office of Inspector 
General of the Department 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 qualification may not be the primary 
factor taken into account in connection with the appointment of any 
person to a position 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 prescribe 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 Secretaries, and Deputy 
        Secretaries.

SEC. 107. CONTINUING PERFORMANCE OF FUNCTIONS.

    (a) Redesignation of Positions.--(1) The Administrator of the 
Environmental Protection Agency is redesignated as the Secretary of the 
Department of Environmental Protection.
    (2) The Deputy Administrator of such agency is redesignated 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 redesignated as the 
General Counsel of the Department.
    (5) The Inspector General of such agency is redesignated as the 
Inspector General of the Department.
    (b) Not Subject to Renomination or Reconfirmation.--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 
without 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 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 Secretary of Environmental 
        Protection;
            (3) to the Deputy Administrator of the Environmental 
        Protection Agency is deemed to refer to the Deputy Secretary of 
        Environmental Protection; and
            (4) to an Assistant Administrator of the Environmental 
        Protection Agency is deemed to refer to the corresponding 
        Assistant Secretary of the Department 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 Administrator or other 
        authorized official of the Environmental Protection Agency, or 
        by a court of competent 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 jurisdiction, 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, terminated, 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 
discontinuance 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.
    (c) Suits Not Affected.--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 by or against the Environmental Protection Agency, or by or 
against any individual in the official capacity of such individual as 
an officer of the Environmental Protection Agency, shall be abated by 
reason of the enactment of this Act.
    (e) Property and Resources.--The contracts, liabilities, records, 
property, and other assets and interests of the Environmental 
Protection Agency shall, after the effective date of this Act, be 
considered to be contracts, liabilities, records, property, and other 
assets and interests of the Department.

SEC. 110. CONFORMING AMENDMENTS.

    (a) Presidential Succession.--Section 19(d)(1) of title 3, United 
States Code, is amended by inserting before the period at the end 
thereof the following: ``, Secretary of Environmental Protection''.
    (b) Definition of Department in Civil Service Laws.--Section 101 of 
title 5, United States Code, is amended by adding at the end thereof 
the following:
            ``The Department of Environmental Protection.''.
    (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 ``Administrator of Environmental 
Protection Agency'' and inserting in lieu thereof ``Deputy Secretary of 
Environmental Protection''.
    (e) Compensation, Level IV.--Section 5315 of title 5, United States 
Code, is amended--
            (1) by striking ``Inspector General, Environmental 
        Protection Agency'' and inserting in lieu thereof ``Inspector 
        General, Department of Environmental 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 Environmental 
        Protection.
            ``General Counsel, Department of Environmental 
        Protection.''.
    (f) Inspector General Act.--The Inspector General Act of 1978 is 
amended--
            (1) in section 11(1)--
                    (A) by inserting ``Environmental Protection,'' 
                after ``Energy,''; and
                    (B) by striking ``Environmental Protection,''; and
            (2) in section 11(2)--
                    (A) by inserting ``Environmental Protection,'' 
                after ``Energy,''; and
                    (B) by striking ``the Environmental Protection 
                Agency,''.

SEC. 111. ADDITIONAL CONFORMING AMENDMENTS.

    After consultation with the Committee on Government Operations of 
the House of Representatives, the Committee on Governmental Affairs of 
the Senate, and other appropriate committees of the Congress, the 
Secretary shall prepare and submit to the Congress proposed legislation 
containing 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 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 applications 
        for patents.
            (3) Releases, before suit is brought, for past infringement 
        of patents or copyrights.

SEC. 202. GIFTS AND BEQUESTS.

    The Secretary may accept, hold, administer, and utilize gifts, 
bequests, and devises of real or personal property 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, bequests, 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 Secretary shall approve.

SEC. 204. USE OF LIKENESS OF OFFICIAL SEAL OF DEPARTMENT.

    (a) Display of Seal.--Whoever knowingly displays any printed or 
other likeness of the official seal of the Department, 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, monument, 
or stationery, for the purpose of conveying, or in a manner reasonably 
calculated to convey, a false impression of sponsorship or approval by 
the Government of the United States or by any department, agency, or 
instrumentality thereof, shall be fined not more than $250 or 
imprisoned not more than 6 months, or both.
    (b) Manufacture, Reproduction, Sale, or Purchases for Resale.--
Except as authorized under regulations promulgated by the Secretary and 
published in the Federal Register, whoever knowingly manufactures, 
reproduces, 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 for the official use of the 
Government of the United States), shall be fined not more than $250 or 
imprisoned not more than 6 months, or both.
    (c) Injunctions.--A violation of subsection (a) or (b) may be 
enjoined by an action brought by the Attorney General in the 
appropriate district court of the United States. The Attorney General 
shall file such an action upon request of the Secretary or any 
authorized representative of the Secretary.

SEC. 205. USE OF STATIONERY, PRINTED FORMS, AND SUPPLIES OF 
              ENVIRONMENTAL PROTECTION AGENCY.

    The Secretary shall ensure that, to the extent practicable, 
existing stationery, printed forms, and other supplies of the 
Environmental Protection Agency are used to carry out functions of the 
Department before procuring new stationery, printed forms, and other 
supplies for the Department.

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