[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2138 Introduced in House (IH)]







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 Department of Environmental 
                              Protection.

    Be it enacted by the Senate and House of Representatives 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, respectively, 
        by Congressman Sherwood Boehlert and former Congressman Steve 
        Horn. Several ``think tanks'', industry groups, and Federal and 
        State officials testified not only about current organizational 
        problems at the Agency that hinder effective environmental 
        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 organization 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 implementation are 
        integrated throughout the Agency.
            (4) Several Federal departments have their own statistical 
        agencies to provide independent and reliable data for 
        decisionmaking and analysis. These include 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' National Center for Health 
        Statistics, and the Department 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 regulations 
        efficiently and successfully protect the environment.
            (5) Currently, the Environmental Protection Agency lacks 
        scientific leadership and critical science for decisionmaking. 
        Scientific activities take place in both the Office of Research 
        and Development and the program offices without sufficient 
        coordination and intraagency dissemination of information.
            (6) Reorganization of the Environmental Protection Agency, 
        in addition to its elevation to the Cabinet, could facilitate 
        efficient and successful environmental protection in a budget-
        neutral manner.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Secretary'' means the Secretary of the 
        Department;
            (2) the term ``Department'' means the Department of 
        Environmental Protection or any component thereof;
            (3) the term ``research'' means any research, development, 
        and demonstration; and
            (4) the term ``environmental media'' includes air, land, 
        water, and other media.

SEC. 4. 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.
    (b) Mission of Department.--The mission of the Department is to--
            (1) protect and improve the quality of the environment;
            (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 existing 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 responsibilities under this 
and other laws, the Department--
            (1) shall be guided by the goal of improving overall 
        environmental quality as effectively and efficiently as 
        possible; and
            (2) shall cooperate with States, other government agencies, 
        other nations, international agencies, and the general public.

SEC. 5. SECRETARY OF ENVIRONMENTAL PROTECTION.

    (a) Secretary of Environmental Protection.--
            (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 President, by and with the advice and consent 
        of the Senate, 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 Duties.--
            (1) In general.--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.
            (2) Designation of officer or employee.--In any case in 
        which the Secretary determines that the corresponding officer 
        or employee of the Department is not apparent for purposes of 
        paragraph (1), the Secretary may designate such officer 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 Department as the 
        Secretary considers necessary or appropriate.

SEC. 6. OTHER OFFICERS.

    (a) Senate-Confirmed Officers.--There are the following officers of 
the Department, who shall be appointed by the President, by and with 
the advice and consent of the Senate:
            (1) A Deputy Secretary of Environmental Protection, 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 Protection, as 
        follows:
                    (A) An Under Secretary for Science and Information.
                    (B) An Under Secretary for Policy, Planning, and 
                Innovation.
                    (C) An Under Secretary for Implementation, 
                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 Environmental 
        Protection.
            (2) A General Counsel, who shall be the chief legal officer 
        of the Department.
    (c) Regional Administrators.--There shall be up to 10 Regional 
Administrators of the Department, who shall be appointed by the 
Secretary and who shall report to the Under Secretary for 
Implementation, Compliance, and Enforcement.

SEC. 7. FUNCTIONS OF OFFICERS.

    (a) In General.--Subject to the provisions of this Act, every 
officer of the Department shall perform the functions specified by law 
for the official's office or prescribed by the Secretary.
    (b) Deputy Secretary.--The Deputy Secretary of Environmental 
Protection--
            (1) shall perform such functions as the Secretary shall 
        assign or delegate; and
            (2) shall act as Secretary during the absence or disability 
        of the Secretary or in the event of a vacancy in the office of 
        Secretary.
    (c) Under Secretary for Science and Information.--The Under 
Secretary for Science and Information shall be responsible for 
management and oversight of the Bureau of Environmental Statistics, 
research and development, the Department's laboratories, scientific 
analysis, and data on the status, trends, and human health 
risks associated with the environment, including the following 
functions:
            (1) Identifying and defining the important scientific 
        issues facing the Department, including those embedded in major 
        policy or regulatory proposals to ensure that critical science 
        is identified early and developed in time to inform decisions.
            (2) Developing and overseeing an integrated Department wide 
        strategy for acquiring, disseminating, and applying 
        information.
            (3) Ensuring that scientific and technical information is 
        analyzed across environmental media.
            (4) Conducting, sponsoring, and evaluating environmental 
        science and technology research, the results of which shall be 
        used to help initiate, formulate, and carry out the 
        Department's agenda.
            (5) Ensuring that the complex scientific outreach and 
        communication needs of the Department are met, including--
                    (A) the use of credible science in support of the 
                regulatory offices, regions, and Department wide policy 
                deliberations; and
                    (B) communication with the broader domestic and 
                international scientific community for scientific 
                knowledge that is relevant to a Department policy or 
                regulatory issue.
            (6) Coordinating and overseeing scientific quality 
        assurance and peer review practices throughout the Department 
        to ensure that critical science used in decisionmaking is of 
        sufficient quality and that the quality of the science and the 
        associated uncertainty is clearly described.
            (7) Producing an annual report assessing environmental and 
        human health risks, including comparison of such risks to other 
        human health risks.
            (8) Such other functions as the Secretary shall assign.
    (d) Under Secretary for Policy, Planning, and Innovation.--The 
Under Secretary for Policy, Planning, and Innovation shall be 
responsible for the development of nationwide programs and policy to 
address environmental and human health risks based on statistical and 
other scientific information, including the following functions:
            (1) Promulgation of nationwide regulations and nonbinding 
        guidance.
            (2) Oversight of the Assistant Secretaries of the 
        Department.
            (3) Such other functions as the Secretary shall assign.
    (e) Under Secretary for Implementation, Compliance, and 
Enforcement.--The Under Secretary for Implementation, Compliance, and 
Enforcement shall be responsible for oversight of regional offices of 
the Department to ensure consistent implementation of and compliance 
with Department programs, including the following:
            (1) Coordinating Department programs with, and assisting, 
        State and local governments in implementing environmental 
        programs.
            (2) Such other functions as the Secretary shall assign.
    (f) Assistant Secretaries.--The Secretary shall delegate among the 
Assistant Secretaries of Environmental Protection functions otherwise 
authorized by law.
    (g) Chief Financial Officer.--The Chief Financial Officer of the 
Department shall, in addition to functions under chapter 9 of title 31, 
United States Code, and other laws, be responsible for the following:
            (1) Ensuring that the budget, human resources, and 
        regulatory costs imposed by the Department accurately reflect 
        environmental and human health risks.
            (2) Ensuring that the Department's annual performance plan 
        under section 1115 of title 31, United States Code, includes 
        performance indicators on the status of the environment for 
        each departmental program.
            (3) Ensuring that the Department's annual program 
        performance report under section 1116 of title 31, United 
        States Code--
                    (A) reviews the success of achieving the 
                performance goals of the fiscal year covered by the 
                report; and
                    (B) evaluates the performance plan under section 
                1115 of that title for the current fiscal year relative 
                to the performance achieved toward the performance 
                goals in the fiscal year covered by the report.
            (4) Such other functions as the Secretary shall assign.

SEC. 8. BUREAU OF ENVIRONMENTAL STATISTICS.

    (a) Establishment.--There shall be in the Department the Bureau of 
Environmental Statistics (in this section referred to as the 
``Bureau''). The purpose of the Bureau is to provide in accordance with 
this section such environmental quality and related public health and 
economic information, and such evaluation and analyses of such 
information, as may be appropriate, to meet adequately and fully the 
needs of the Department in carrying out its functions under applicable 
law, and the Congress.
    (b) Director of Environmental Statistics.--
            (1) In general.--The Bureau shall be under the direction of 
        the Director of Environmental Statistics (hereinafter in this 
        section referred to as the ``Director''), who shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate. The Director shall report to the Under Secretary 
        for Science and Information.
            (2) Appointment, term, and removal.--
                    (A) Appointment and term.--The Director shall--
                            (i) be appointed by the President for a 
                        term of 4 years; and
                            (ii) be selected from individuals who are 
                        well qualified through experience or training 
                        in the collection and analysis of environmental 
                        statistics.
                    (B) Service after expiration of term.--An 
                individual may, at the request of the Secretary, serve 
                as Director after the expiration of his or her term for 
                not more than 3 months until his or her successor has 
taken office.
                    (C) Removal.--An individual may be removed as 
                Director by the Secretary only for malfeasance in 
                office or neglect of duty.
                    (D) Reappointment.--An individual serving as 
                Director may be reappointed for additional terms.
    (c) Functions of Director.--
            (1) In general.--The functions of the Director shall 
        include the following:
                    (A) Collecting, compiling, analyzing, and 
                publishing a comprehensive set of environmental quality 
                and related public health, economic, and statistical 
                data for determining environmental quality and related 
                measures of public health, over both the short- and 
                long-term, including assessing--
                            (i) ambient conditions and trends; and
                            (ii) the distribution of environmental 
                        conditions and related public health conditions 
                        across all affected populations, including 
                        those populations identifiable on the basis of 
                        income, race, ethnicity, or national origin.
                    (B) Evaluating the adequacy of available 
                statistical measures to determine the Department's 
                success in fulfilling statutory requirements.
                    (C) Ensuring that data and measures referred to in 
                this subsection are accurate, reliable, relevant, and 
                in a form that permits systematic analysis.
                    (D) Collecting and analyzing such other data as may 
                be required by the Director to--
                            (i) efficiently and effectively fulfill the 
                        Director's responsibilities, or
                            (ii) identify new environmental problems.
                    (E) Conducting specialized analyses and preparing 
                special reports on particular subjects whenever 
                required to do so by the President, by law, or by the 
                Secretary, or when considered appropriate by the 
                Director.
                    (F) Making readily accessible or, to the extent 
                practicable, disseminating all publicly available data 
                collected under subparagraph (A) or (B), in a timely 
                manner and using dissemination methods that will 
                maximize the utility of such publicly available 
                information to the public.
                    (G) Preparing and submitting to the Congress and 
                the Secretary an annual report on environmental 
                conditions and public health conditions, using, to the 
                maximum extent practicable and consistent with the 
                Director's duties under this Act, reliable statistical 
                sampling techniques.
                    (H) Making available to the public, upon request, 
                the annual report under subparagraph (G), and 
                publishing a notice of such availability in the Federal 
                Register.
            (2) Technical capabilities to perform analyses.--The 
        Director shall establish and maintain the scientific, 
        engineering, statistical, and other technical capability to 
        perform analysis of environmental quality and related public 
        health and economic data, to--
                    (A) verify the accuracy of items of environmental 
                quality and related public health and economic data 
                submitted to the Director; and
                    (B) ensure the coordination and comparability of 
                such data.
    (d) Powers of Director.--
            (1) In general.--The Director is authorized on a 
        nonexclusive basis to exercise and enforce any authority vested 
        in the Secretary by law that relates to the collection, 
        gathering, reporting, evaluating, analysis, or dissemination of 
        environmental quality data and related measures of public 
        health in order to carry out fully the functions of the 
        Director.
            (2) Actions not subject to approval.--The Director shall 
        not be required to--
                    (A) obtain the approval of any other officer or 
                employee of the Department in connection with the 
                collection, compilation, evaluation, analysis, or 
                dissemination of any information; or
                    (B) obtain, prior to publication, the approval of 
                any other officer or employee of the United States with 
                respect to the substance of any reports prepared in 
                accordance with law.
            (3) Providing assistance.--The Director may, upon request, 
        provide technical assistance to offices of the Department and 
        to other Federal agencies for the purpose of assuring the 
        technical quality and the coordination of statistical 
        activities of the Department. Such assistance may include 
        reviewing data collection plans, survey designs, and pretests, 
        management of data, and quality of data. The Director shall, 
        upon request, promptly provide any information or analysis in 
        the possession of the Bureau to any office within the 
        Department which such office determines relates to the 
        functions of such office.
            (4) Collection of data from other agencies, persons, etc.--
        Subject to other applicable provisions of law, the Director, in 
        carrying out responsibilities under this Act, may collect data 
        from such Federal agencies, State or local governments or 
        instrumentalities, Indian tribes, businesses, and other 
        individuals, persons, organizations, and institutions as the 
        Director considers appropriate.
            (5) Use of data collected by federal agencies.--
                    (A) In general.--The Director may--
                            (i) use data collected by any Federal 
                        agency, and
                            (ii) enter into interagency or intraagency 
                        agreements for the collection of data for the 
                        purposes of this section.
                    (B) Provision of data to director.--Subject to 
                applicable law, all Federal agencies (including 
                agencies in the Department) shall provide to the 
Director, in a timely manner and to the extent possible in a usable 
electronic format, any data that the Director requires to carry out 
responsibilities under this Act.
                    (C) Cooperative collection of data.--The Director 
                may--
                            (i) arrange with any agency, organization, 
                        or institution for the cooperative collection 
                        of data for the purposes of this section, and
                            (ii) assign employees of the Bureau to any 
                        such agency, organization, or institution to 
                        assist in such collection.
            (6) Obtaining employees and services.--The Director--
                    (A) may select, appoint, and employ such officers 
                and employees as may be necessary to carry out the 
                functions of the Bureau, subject to--
                            (i) the provisions of title 5, United 
                        States Code, governing appointments in the 
                        competitive service, and
                            (ii) the provisions of chapter 51 and 
                        subchapter III of chapter 53 of such title 
                        relating to classification and General Schedule 
                        pay rates; and
                    (B) may obtain services as authorized by section 
                3109 of title 5, United States Code, at a rate not to 
                exceed the equivalent daily rate payable for level V of 
                the Executive Schedule under section 5316 of such 
                title.
    (e) Staff.--The Secretary shall ensure that the Bureau of 
Environmental Statistics has staff sufficient to enable the Director to 
efficiently carry out the duties of the Director.
    (f) Continuing Performance of Functions of Director.--An individual 
who, on the effective date of this Act, is performing any of the 
functions required by this section to be performed by the Director may 
continue to perform such functions until such functions are assigned to 
an individual appointed as the Director under this Act.
    (g) Availability of Director to Congress; Special Reports.--The 
Director--
            (1) shall be available to the Congress to provide testimony 
        on subjects under the authority of the Director as any 
        committee of the Congress may request, including on 
        environmental quality data and related measures of public 
        health and analyses thereof;
            (2) shall, subject to otherwise applicable law, make 
        available to any committee of the Congress having jurisdiction 
        over any program of the Department, upon written request of the 
        committee, any information reported or otherwise obtained, and 
        any evaluation or analysis made, by the Director or any officer 
        or employee of the Bureau under this section that relates to 
        that program; and
            (3) may provide, and charge for, statistical records, 
        compilations, surveys, and reports to State and local 
        officials, public and private organizations, and individuals.
    (h) Confidentiality of Information.--
            (1) In general.--Information obtained by the Bureau under 
        this section shall be cataloged and, upon request, shall be 
        promptly made available to the public in a form and manner 
        easily adaptable for public use, except that this subsection 
        shall not require disclosure of matters exempted from 
        disclosure pursuant to paragraph (2) of this subsection or 
        section 552(b) of title 5, United States Code, the Homeland 
        Security Act of 2003 (Public Law 107-296), or other applicable 
        law.
            (2) Restriction on disclosure.--The Director shall not 
        disclose personally identifiable or corporately identifiable 
        data collected by the Bureau.
            (3) Access to information in possession of other federal 
        agency.--In furtherance and not in limitation of any other 
        authority, the Director, on behalf of the Secretary, shall have 
        access to environmental and health related economic and 
        statistical information in the possession of the Department or 
        any other Federal agency, except information--
                    (A) the disclosure of which to another Federal 
                agency is expressly prohibited by law; or
                    (B) the disclosure of which the agency having 
                possession determines would significantly impair the 
                discharge of authorities and responsibilities that have 
                been delegated to, or vested by law, in such agency.
            (4) Obtaining information to which access is denied.--In 
        any case in which the Director is denied information that is 
        necessary to achieve the purposes of this Act, the Director 
        shall take appropriate action, pursuant to paragraph (3), to 
        obtain such information.
            (5) Disclosure of information to federal agencies.--
        Notwithstanding paragraphs (1) and (3) and section 552(b)(4) of 
        title 5, United States Code, the Director may disclose any 
        information obtained under this section to--
                    (A) the General Accounting Office;
                    (B) the Inspector General of the Department; and
                    (C) any department or statistical agency of the 
                Federal Government that requests the information to 
                carry out its lawful functions.
            (6) Continuing application of other restrictions.--Any 
        information disclosed by the Director under paragraph (5) shall 
        continue thereafter to be subject to any restriction, 
        requirement, or condition regarding the use or disclosure of 
        the information that applies to the Department.
    (i) Establishment of Public Participation Process.--The Director 
shall establish an ongoing balanced process for obtaining public 
advice, guidance, and recommendations on the implementation of the 
functions of the Director.
    (j) Peer Review of Bureau.--
            (1) Review requirement.--The statistical procedures and 
        methodology of the Bureau shall be subject to peer review every 
2 years. Such review shall be conducted by a Peer Review Team, which 
shall prepare and submit to the President and the Congress a report 
describing its investigation and findings.
            (2) Peer review team.--The Peer Review Team shall consist 
        of at least 5 professionally qualified persons who are officers 
        or employees of the United States, of whom at least--
                    (A) 1 shall be designated by the Director of the 
                Bureau of the Census;
                    (B) 1 shall be designated by the Commissioner of 
                Labor Statistics;
                    (C) 1 shall be designated by the Director of the 
                National Center for Health Statistics;
                    (D) 1 shall be designated by the Administrator of 
                the Energy Information Administration; and
                    (E) 1 shall be designated by the Comptroller 
                General of the United States.
            (3) Chairman.--The Secretary shall appoint the Chairman of 
        the Peer Review Team.
            (4) Responsibilities of director and secretary.--The 
        Director and the Secretary--
                    (A) shall cooperate fully with the Peer Review 
                Team; and
                    (B) notwithstanding any other provisions of law, 
                shall make available to the Peer Review Team such 
                relevant data, information, documents, and services as 
                the Peer Review Team determines are necessary for 
                successful completion of its peer review.
            (5) Confidentiality of information.--Information made 
        available to the Peer Review Team under paragraph (4)(B) shall 
        be subject to the confidentiality standards applicable to the 
        information under subsection (h).
            (6) Conflicts of interest.--Each member of the Peer Review 
        Team who is a non-Federal employee shall not possess any 
        interest that conflicts with the member's duty as a member of 
        the Peer Review Team.
    (k) Specification in Budget of Proposed Appropriations.--The 
President shall include in each budget submitted under section 1105 of 
title 31, United States Code an estimate of expenditures and 
appropriations necessary to carry out this section for the fiscal year 
covered by the budget.

SEC. 9. EXECUTIVE SCHEDULE COMPENSATION OF DEPARTMENT OFFICERS.

    (a) Executive Level I.--Section 5312 of title 5, United States 
Code, is amended by inserting after the item relating to the Secretary 
of Homeland Security the following:
            ``Secretary of Environmental Protection.''.
    (b) Executive Level II.--Section 5313 of title 5, United States 
Code, is amended by adding at the end the following:
            ``Deputy Secretary of Environmental Protection.''.
    (c) Executive Level III.--Section 5314 of title 5, United States 
Code, is amended by adding at the end the following:
            ``Under Secretaries of Environmental Protection (3).''.
    (d) Executive Level IV.--Section 5315 of title 5, United States 
Code, is amended--
            (1) by inserting after the item relating to Inspector 
        General, Department of the Treasury, the following:
            ``Inspector General, Department of Environmental 
        Protection.''; and
            (2) by inserting after the item relating to Chief Financial 
        Officer, Department of Treasury, the following:
            ``Chief Financial Officer, Department of Environmental 
        Protection.
            ``Assistant Secretaries of Environmental Protection (5).
            ``General Counsel, Department of Environmental 
        Protection.''.
    (e) Executive Level V.--Section 5316 of title 5, United States 
Code, is amended by adding at the end the following:
            ``Regional Administrators, Department of Environmental 
        Protection.
            ``Director of Environmental Statistics, Department of 
        Environmental Protection.''.

SEC. 10. 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 Secretary of Environmental 
        Protection; and
            (3) to a subordinate official of the Environmental 
        Protection Agency is deemed to refer to the corresponding 
        official of the Department of Environmental Protection.

SEC. 11. SAVINGS PROVISIONS.

    (a) Continuing Effect of Existing Statutes.--Nothing in this Act 
shall be construed as altering, affecting, amending, modifying, or 
otherwise changing, directly or indirectly, any law that refers to and 
provides authorities or responsibilities for, or is administered by, 
the Environmental Protection Agency or the Administrator of the 
Environmental Protection Agency.
    (b) Continuing Effect of Legal Documents.--All orders, 
determinations, rules, regulations, permits, grants, contracts, 
certificates, licenses, privileges, agreements, registrations, and 
other administrative actions--
            (1) that 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) that are in effect on the date of the enactment 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 jurisdiction, or by operation of law.
    (c) Proceedings Not Affected.--
            (1) In general.--This Act shall not affect any proceeding, 
        proposed rule, or application for any license, permit, 
        certificate, registration, or financial assistance pending 
        before the Environmental Protection 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 
        proceeding, 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 orders issued 
        with respect to any such proceeding, proposed rule, or 
        application 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.
            (2) Discontinuance or modification.--Nothing in this 
        subsection prohibits the discontinuance or modification of any 
        such proceeding, proposed rule, or application under the same 
        terms and conditions and to the same extent that such 
        proceeding, proposed rule, or application could have been 
        discontinued or modified if this Act had not been enacted.
    (d) Suits Not Affected.--The provisions of 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.
    (e) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced before the effective date of this Act 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.
    (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 of Environmental 
Protection.

SEC. 12. CONFORMING AMENDMENTS.

    (a) Proposed Legislation.--After consultation with the appropriate 
committees of the Congress, the Secretary shall prepare and submit to 
the Congress proposed legislation containing necessary and appropriate 
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 effective date of 
this Act.
    (b) Inspector General.--Section 11(2) of the Inspector General Act 
of 1978 (5 U.S.C. App.) is amended--
            (1) by inserting ``Environmental Protection,'' after 
        ``Energy,''; and
            (2) by striking ``the Environmental Protection Agency,''.
    (c) Chief Financial Officer.--Subsection (b)(1) of section 901 of 
title 31, United States Code, is amended--
            (1) by striking subparagraph (O);
            (2) by redesignating subparagraphs (F), (G), (H), (I), (J), 
        (K), (L), (M), (N), and (P) as subparagraphs (G), (H), (I), 
        (J), (K), (L), (M), (N), (O), and (P), respectively; and
            (3) by inserting after subparagraph (E) the following:
            ``(F) The Department of Environmental Protection.''.
    (d) Executive Schedule Compensation.--Title 5, United States Code, 
is amended--
            (1) in section 5313 by striking the item relating to the 
        Administrator of the Environmental Protection Agency;
            (2) in section 5314 by striking the items relating to the 
        Deputy Administrator of the Environmental Protection Agency; 
        and
            (3) in section 5315 by striking the items relating to--
                    (A) the Assistant Administrator for Toxic 
                Substances, Environmental Protection Agency;
                    (B) the Assistant Administrator, Office of Solid 
                Waste, Environmental Protection Agency;
                    (C) Assistant Administrators, Environmental 
                Protection Agency;
                    (D) the Inspector General, Environmental Protection 
                Agency;
                    (E) Chief Financial Officer, Environmental 
                Protection Agency; and
                    (F) Chief Information Officer, Environmental 
                Protection Agency.
                                 <all>