[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 159 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 159

   To elevate the Environmental Protection Agency to a cabinet level 
 department, to redesignate the Environmental Protection Agency as the 
Department of Environmental Protection Affairs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 23, 2001

  Mrs. Boxer introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To elevate the Environmental Protection Agency to a cabinet level 
 department, to redesignate the Environmental Protection Agency as the 
Department of Environmental Protection Affairs, 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 Affairs Act of 2001''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) protection of public health and the environment is a 
        mission of at least equal importance to the duties carried out 
        by cabinet-level departments;
            (2) the Federal Government should ensure that all Americans 
        enjoy the same basic level of public health and environmental 
        protection regardless of where they live;
            (3) protection of public health and the environment 
        increasingly involves negotiations with foreign nations, 
        including the most highly industrialized nations all of whose 
        top environmental officials have ministerial status; and
            (4) a cabinet-level Department of Environmental Protection 
        Affairs should be established.

SEC. 3. ESTABLISHMENT OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION 
              AFFAIRS.

    (a) Redesignation.--The Environmental Protection Agency is 
redesignated as the Department of Environmental Protection Affairs (in 
this Act referred to as the ``Department'') and shall be an executive 
department in the executive branch of the Government.
    (b) Secretary of Environmental Protection Affairs.--
            (1) In general.--There shall be at the head of the 
        Department a Secretary of Environmental Protection Affairs who 
        shall be appointed by the President, by and with the advice and 
        consent of the Senate. The Department shall be administered 
        under the supervision and direction of the Secretary.
            (2) Nondelegation.--The Secretary may not assign duties for 
        or delegate authority for the supervision of the Assistant 
        Secretaries, the General Counsel, or the Inspector General of 
        the Department to any officer of the Department other than the 
        Deputy Secretary.
            (3) Delegations.--Except as described under paragraph (2) 
        of this section and section 4(b)(2), and notwithstanding any 
        other provision of law, 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 determined to be necessary 
        or appropriate.
    (c) Deputy Secretary.--There shall be in the Department a Deputy 
Secretary of the Environment, who shall be appointed by the President, 
by and with the advice and consent of the Senate. The Deputy Secretary 
shall perform such responsibilities 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 Secretary.
    (d) Office of the Secretary.--The Office of the Secretary shall 
consist of a Secretary and a Deputy Secretary and may include an 
Executive Secretary and such other executive officers as the Secretary 
may determine necessary.
    (e) Regional Offices.--The regional offices of the Environmental 
Protection Agency are redesignated as regional offices of the 
Department of Environmental Protection Affairs.
    (f) International Responsibilities of the Secretary.--
            (1) In general.--In addition to exercising other 
        international responsibilities under existing provisions of 
        law, the Secretary is--
                    (A) encouraged to assist the Secretary of State to 
                carry out his primary responsibilities for 
                coordinating, negotiating, implementing, and 
                participating in international agreements, including 
                participation in international organizations, relevant 
                to environmental protection; and
                    (B) authorized and encouraged to--
                            (i) conduct research on and apply existing 
                        research capabilities to the nature and impacts 
                        of international environmental problems and 
                        develop responses to such problems; and
                            (ii) provide technical and other assistance 
                        to foreign countries and international bodies 
                        to improve the quality of the environment.
            (2) Consultation.--The Secretary of State shall consult 
        with the Secretary of Environmental Protection Affairs and such 
        other persons as he determines appropriate on such 
        negotiations, implementation, and participation described under 
        paragraph (1)(A).
    (g) Authority of the Secretary Within the Department.--Nothing in 
this Act--
            (1) authorizes the Secretary of Environmental Protection 
        Affairs to require any action by any officer of any executive 
        department or agency other than officers of the Department of 
        Environmental Protection Affairs, except that this paragraph 
        shall not affect any authority provided for by any other 
        provision of law authorizing the Secretary of Environmental 
        Protection Affairs to require any such actions;
            (2) modifies any Federal law that is administered by any 
        executive department or agency; or
            (3) transfers to the Department of Environmental Protection 
        Affairs any authority exercised by any other Federal executive 
        department or agency before the effective date of this Act, 
        except the authority exercised by the Environmental Protection 
        Agency.
    (h) Application to the Department of Environmental Protection 
Affairs.--This Act applies only to activities of the Department of 
Environmental Protection Affairs, except where expressly provided 
otherwise.

SEC. 4. 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 shall be appointed by the 
President, by and with the advice and consent of the Senate.
    (b) Responsibilities of Assistant Secretaries.--
            (1) In general.--The Secretary shall assign to Assistant 
        Secretaries such responsibilities as the Secretary considers 
        appropriate, including--
                    (A) enforcement and compliance monitoring;
                    (B) research and development;
                    (C) air and radiation;
                    (D) water;
                    (E) pesticides and toxic substances;
                    (F) solid waste;
                    (G) hazardous waste;
                    (H) hazardous waste cleanup;
                    (I) emergency response;
                    (J) international affairs;
                    (K) policy, planning, and evaluation;
                    (L) pollution prevention;
                    (M) congressional, intergovernmental, and public 
                affairs; and
                    (N) administration and resources management, 
                including financial and budget management, information 
                resources management, procurement and assistance 
                management, and personnel and labor relations.
            (2) Assignment of responsibilities.--The Secretary may 
        assign and modify any responsibilities at his discretion under 
        paragraph (1), except that the Secretary may not modify the 
        responsibilities of any Assistant Secretary without substantial 
        prior written notification of such modification to the 
        appropriate committees of the Senate and the House of 
        Representatives.
    (c) Designation of Responsibilities Before Confirmation.--Whenever 
the President submits the name of an individual to the Senate for 
confirmation as Assistant Secretary under this section, the President 
shall state the particular responsibilities of the Department such 
individual shall exercise upon taking office.
    (d) Continuing Performance of Functions.--On the effective date of 
this Act, the Administrator and Deputy Administrator of the 
Environmental Protection Agency shall be redesignated as the Secretary 
and Deputy Secretary of the Department of Environmental Protection 
Affairs, Assistant Administrators of the Agency shall be redesignated 
as Assistant Secretaries of the Department, and the General Counsel and 
the Inspector General of the Agency shall be redesignated as the 
General Counsel and the Inspector General of the Department, without 
renomination or reconfirmation.
    (e) Chief Information Resources Officer.--
            (1) In general.--The Secretary shall designate the 
        Assistant Secretary whose responsibilities include information 
        resource management functions as required by section 3506 of 
        title 44, United States Code, as the Chief Information 
        Resources Officer of the Department.
            (2) Responsibilities.--The Chief Information Resources 
        Officer shall--
                    (A) advise the Secretary on information resource 
                management activities of the Department as required by 
                section 3506 of title 44, United States Code;
                    (B) develop and maintain an information resources 
                management system for the Department which provides 
                for--
                            (i) the conduct of and accountability for 
                        any acquisitions made under a delegation of 
                        authority under section 111 of the Federal 
                        Property and Administrative Services Act of 
                        1949 (40 U.S.C. 759);
                            (ii) the implementation of all applicable 
                        government-wide and Department information 
                        policies, principles, standards, and guidelines 
                        with respect to information collection, 
                        paperwork reduction, privacy and security of 
                        records, sharing and dissemination of 
                        information, acquisition and use of information 
                        technology, and other information resource 
management functions;
                            (iii) the periodic evaluation of and, as 
                        needed, the planning and implementation of 
                        improvements in the accuracy, completeness, and 
                        reliability of data and records contained with 
                        Department information systems; and
                            (iv) the development and annual revision of 
                        a 5-year plan for meeting the Department's 
                        information technology needs; and
                    (C) report to the Secretary as required under 
                section 3506 of title 44, United States Code.

SEC. 5. DEPUTY ASSISTANT SECRETARIES.

    (a) Establishment of Positions.--There shall be in the Department 
such number of Deputy Assistant Secretaries as the Secretary may 
determine.
    (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 4(b) may be performed by 1 or more Deputy Assistant Secretaries 
appointed to assist such Assistant Secretary.

SEC. 6. OFFICE OF THE 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 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. 7. OFFICE OF THE 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 Affairs.

SEC. 8. MISCELLANEOUS EMPLOYMENT RESTRICTIONS.

    Except as otherwise provided in this Act, political affiliation or 
political qualification may not be taken into account in connection 
with the appointment of any person to any position in the career civil 
service or in the assignment or advancement of any career civil servant 
in the Department.

SEC. 9. ADMINISTRATIVE PROVISIONS.

    (a) Acceptance of Money and Property.--
            (1) In general.--The Secretary may accept and retain money, 
        uncompensated services, and other real and personal property or 
        rights (whether by gift, bequest, devise, or otherwise) for the 
        purpose of carrying out the Department's programs and 
        activities, except that the Secretary shall not endorse any 
        company, product, organization, or service. Gifts, bequests, 
        and devises of money and proceeds from sales of other property 
        received as gifts, bequests, or devises shall be credited in a 
        separate fund in the Treasury of the United States and shall be 
        available for disbursement upon the order of the Secretary.
            (2) Regulations.--The Secretary shall prescribe regulations 
        and guidelines setting forth the criteria the Department shall 
        use in determining whether to accept a gift, bequest, or 
        devise. Such criteria shall take into consideration whether the 
        acceptance of the property would reflect unfavorably upon the 
        Department's or any employee's ability to carry out its 
        responsibilities or official duties in a fair and objective 
        manner, or would compromise the integrity of or the appearance 
        of the integrity of a Government program or any official 
        involved in that program.
    (b) Seal of the Department.--
            (1) In general.--On the effective date of this Act, the 
        seal of the Environmental Protection Agency with appropriate 
        changes shall be the seal of the Department of Environmental 
        Protection Affairs, until such time as the Secretary may cause 
        a seal of office to be made for the Department of Environmental 
        Protection Affairs of such design as the Secretary shall 
        approve.
            (2) Criminal penalty for unauthorized use of seal.--
                    (A) In general.--Chapter 33 of title 18, United 
                States Code, is amended by adding at the end the 
                following:
``Sec. 716. Department of Environmental Protection Affairs Seal
    ``(a) Whoever knowingly displays any printed or other likeness of 
the official seal of the Department of Environmental Protection 
Affairs, 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) Whoever, except as authorized under regulations promulgated 
by the Secretary of Environmental Protection Affairs and published in 
the Federal Register, 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 of Environmental Protection Affairs, 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) A violation of subsection (a) or (b) may be enjoined at the 
suit of the Attorney General of the United States upon complaint by any 
authorized representative of the Secretary of the Department of 
Environmental Protection Affairs.''.
                    (B) Technical and conforming amendment.--The table 
                of sections for chapter 33 of title 18, United States 
Code, is amended by adding at the end:

``716. Department of Environmental Protection Affairs Seal.''.
    (c) Acquisition of Copyrights and Patents.--The Secretary is 
authorized to acquire any of the following described rights if the 
related property acquired 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.
    (d) Advisory Committee Standards of Conduct and Compensation.--The 
Secretary may promulgate regulations, no less stringent than any other 
applicable provision of law, regarding standards of conduct for members 
of advisory committees (and consultants to advisory committees), 
including requirements regarding conflicts of interest or disclosure of 
past and present financial and employment interests. The Secretary may 
pay members of advisory committees and others who perform services as 
authorized under section 3109 of title 5, United States Code, at rates 
for individuals not to exceed the per diem rate equivalent to the rate 
for level V of the Executive Schedule under section 5316 of title 5, 
United States Code.

SEC. 10. INHERENTLY GOVERNMENTAL FUNCTIONS.

    (a) Government Officers and Employees.--
            (1) In general.--Any inherently governmental function of 
        the Department shall be performed only by officers and 
        employees of the United States.
            (2) Definition.--In this section, the term ``inherently 
        governmental function''--
                    (A) means any activity which is so intimately 
                related to the public interest as to mandate 
                performance by Government officers and employees; and
                    (B) includes--
                            (i) activities which require either the 
                        exercise of discretion in applying Government 
                        authority or the use of value of judgment in 
                        making decisions for the Government; and
                            (ii) work of a policy, decisionmaking, or 
                        managerial nature which is the direct 
                        responsibility of Department officials.
    (b) Conflicts of Interest.--
            (1) In general.--The Secretary shall by regulation require 
        any person proposing to enter into a contract, agreement, or 
        other arrangement, whether by competitive bid or negotiation, 
        for the conduct of research, development, evaluation 
        activities, or for advisory and assistance services, to provide 
        the Secretary, before entering into any such contract, 
        agreement, or arrangement, with all relevant information, as 
        determined by the Secretary, bearing on whether that person has 
        a possible conflict of interest with respect to--
                    (A) being able to render impartial, technically 
                sound, or objective assistance or advice in light of 
                other activities or relationships with other persons; 
                or
                    (B) being given an unfair competitive advantage.
            (2) Subcontractors.--Such person shall ensure, in 
        accordance with regulations prescribed by the Secretary, 
        compliance with this section by subcontractors of such person 
        who are engaged to perform similar services.
    (c) Require Affirmative Finding; Conflicts of Interest Which Cannot 
Be Avoided; Mitigation of Conflicts.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        may not enter into any such contract, agreement, or 
        arrangement, unless he affirmatively finds, after evaluating 
        all such information and any other relevant information 
        otherwise available to him, either that--
                    (A) there is little or no likelihood that a 
                conflict of interest would exist; or
                    (B) that such conflict has been avoided after 
                appropriate conditions have been included in such 
                contract, agreement, or arrangement.
            (2) Mitigation of conflicts.--If the Secretary determines 
        that such conflict of interest exists and that such conflict of 
        interest cannot be avoided by including appropriate conditions 
        therein, the Secretary may enter into such contract, agreement, 
        or arrangement, if he--
                    (A) determines that it is in the best interests of 
                the United States to do so; and
                    (B) includes appropriate conditions in such 
                contract, agreement, or arrangement to mitigate such 
                conflict.
    (d) Public Notice Regarding Conflicts of Interest.--The Secretary 
shall promulgate regulations which require public notice to be given 
whenever the Secretary determines that the award of a contract, 
agreement, or arrangement may result in a conflict of interest which 
cannot be avoided by including appropriate conditions therein.
    (e) Disclaimer.--Nothing in this section shall preclude the 
Department from promulgating regulations to monitor potential conflicts 
after the contract award.
    (f) Rules.--Not later than 60 days after the effective date of this 
Act, the Secretary shall publish rules for the implementation of this 
section.
    (g) Central File.--The Department shall maintain a central file 
regarding all cases when a public notice is issued. Other information 
required under this section shall also be compiled. Access to this 
information shall be controlled to safeguard any proprietary 
information.
    (h) Definitions.--In this section, the term ``advisory and 
assistance services'' includes--
            (1) management and professional support services;
            (2) the conduct of studies, analyses, and evaluations; and
            (3) engineering and technical services, excluding routine 
        technical services.

SEC. 11. REFERENCES.

    Reference in any other Federal law, Executive order, rule, 
regulation, or delegation of authority, or any document of or 
pertaining to--
            (1) the Administrator of the Environmental Protection 
        Agency shall be deemed to refer to the Secretary of 
        Environmental Protection Affairs;
            (2) the Environmental Protection Agency shall be deemed to 
        refer to the Department of Environmental Protection Affairs;
            (3) the Deputy Administrator of the Environmental 
        Protection Agency shall be deemed to refer to the Deputy 
        Secretary of Environmental Protection Affairs; or
            (4) any Assistant Administrator of the Environmental 
        Protection Agency shall be deemed to refer to an Assistant 
        Secretary of the Department of Environmental Protection 
        Affairs.

SEC. 12. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents.--All orders, 
determinations, rules, regulations, permits, agreements, grants, 
contracts, certificates, licenses, registrations, privileges, and other 
administrative actions--
            (1) which have been issued, made, granted, or allowed to 
        become effective by the President, by the Administrator of the 
        Environmental Protection Agency, or by a court of competent 
        jurisdiction, in the performance of functions of the 
        Administrator or the Environmental Protection Agency, and
            (2) which are in effect at the time this Act takes effect, 
        or were final before the effective date of this Act and are to 
        become effective on or after the effective date 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 of Environmental Protection Affairs, or 
other authorized official, a court of competent jurisdiction, or by 
operation of law.
    (b) Proceedings Not Affected.--This Act shall not affect any 
proceedings or any application for any license, permit, certificate, or 
financial assistance pending before the Environmental Protection Agency 
at the time this Act takes effect, but 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 shall be deemed to prohibit 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 date this Act takes effect, 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 abate by 
reason of the enactment of this Act.
    (e) Administrative Actions Relating To Promulgation of 
Regulations.--Any administrative action relating to the preparation or 
promulgation of a regulation by the Environmental Protection Agency may 
be continued by the Department with the same effect as if this Act had 
not been enacted.
    (f) 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 the contracts, liabilities, records, property, and 
other assets and interests of the Department.
    (g) Savings.--The Department of Environmental Protection Affairs 
and its officers, employees, and agents shall have all the powers and 
authorities of the Environmental Protection Agency.

SEC. 13. 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 the 
following: ``, Secretary of Environmental Protection Affairs''.
    (b) Definition of Department, Civil Service Laws.--Section 101 of 
title 5, United States Code, is amended by adding at the end the 
following: ``The Department of Environmental Protection Affairs''.
    (c) Compensation, Level I.--Section 5312 of title 5, United States 
Code, is amended by adding at the end the following: ``Secretary of 
Environmental Protection Affairs''.
    (d) Compensation, Level II.--Section 5313 of title 5, United States 
Code, is amended by striking ``Administrator of Environmental 
Protection Agency'' and inserting ``Deputy Secretary of Environmental 
Protection Affairs''.
    (e) Compensation, Level IV.--Section 5315 of title 5, United States 
Code, is amended--
            (1) by striking ``Inspector General, Environmental 
        Protection Agency'' and inserting ``Inspector General, 
        Department of Environmental Protection Affairs''; and
            (2) by striking each reference to an Assistant 
        Administrator of the Environmental Protection Agency and by 
        adding at the end the following:
            ``Assistant Secretaries, Department of Environmental 
        Protection Affairs (10).
            ``General Counsel, Department of Environmental Protection 
        Affairs.''.
    (f) Inspector General Act.--The Inspector General Act of 1978 (5 
U.S.C. App.) is amended--
            (1) in section 2(1)--
                    (A) by inserting ``the Department of Environmental 
                Protection Affairs,'' after ``Veterans Affairs,''; and
                    (B) by striking ``The Environmental Protection 
                Agency,'';
            (2) in section 11(1) by striking ``or Veterans Affairs'' 
        and inserting ``Veterans Affairs, or Environmental Protection 
        Affairs,''; and
            (3) in section 11(2) by striking ``or Veterans Affairs'' 
        and inserting ``Veterans Affairs, or Environmental Protection 
        Affairs,''.

SEC. 14. ADDITIONAL CONFORMING AMENDMENTS.

    After consultation with the Committee on Governmental Affairs and 
the Committee on Environment and Public Works and other appropriate 
committees of the United States Senate and the appropriate committees 
of the House of Representatives, the Secretary of the Environment shall 
prepare and submit to Congress proposed legislation containing 
technical and conforming amendments to the United States Code, and to 
other provisions of law, to reflect the changes made by this Act. Such 
legislation shall be submitted not later than 6 months after the 
effective date of this Act.

SEC. 15. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
such date during the 6-month period beginning on the date of enactment, 
as the President may direct in an Executive order. If the President 
fails to issue an Executive order for the purpose of this section, this 
Act and such amendments shall take effect 6 months after the date of 
enactment of this Act.
                                 <all>