[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5078 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5078

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

                             April 4, 2006

  Mr. Boehlert (for himself and Mr. Michaud) 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.

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

SEC. 2. 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) Secretary of Environmental Protection.--(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, except as provided in paragraph (2).
    (2) 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 date of enactment of this Act 
shall become the Secretary of Environmental Protection, without 
reconfirmation by the Senate.
    (c) Transfer of Function, Powers, and Duties.--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.
    (d) Delegation of Authority.--The Secretary may, consistent with 
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. 3. 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. 4. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents.--All orders, 
determinations, rules, regulations, permits, grants, contracts, 
certificates, licenses, privileges, agreements, registrations, 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 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.
    (b) Proceedings not Affected.--(1) 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) 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.
    (c) Suits not Affected.--The provisions of this Act shall not 
affect suits commenced before the date of 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 enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced before the date of enactment 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.
    (e) Property and Resources.--The contracts, liabilities, records, 
property, and other assets and interests of the Environmental 
Protection Agency shall, after the date of enactment of this Act, be 
considered to be the contracts, liabilities, records, property, and 
other assets and interests of the Department of Environmental 
Protection.

SEC. 5. CONFORMING AMENDMENTS.

    After consultation with the appropriate committees of Congress, the 
Secretary shall prepare and submit to 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 date of enactment of this Act.
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