Home > 106th Congressional Bills > H.R. 2139 (ih) To amend the Internal Revenue Code of 1986 to repeal the limitation of the cover over of tax on distilled spirits, and for other purposes. [Introduced in House] ...

H.R. 2139 (ih) To amend the Internal Revenue Code of 1986 to repeal the limitation of the cover over of tax on distilled spirits, and for other purposes. [Introduced in House] ...


Google
 
Web GovRecords.org








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

Pages: 1 2 3 Next >>

Other Popular 106th Congressional Bills Documents:

1 H.R. 5210 (enr) To designate the facility of the United States Postal Service located at 200 South George Street in York, Pennsylvania, as the ``George Atlee Goodling Post Office Building''. [Enrolled bill] ...
2 H.J.Res. 71 (enr) Making further continuing appropriations for the fiscal year 2000, and for other purposes. [Enrolled bill] ...
3 H.R. 2634 (ih) To amend the Controlled Substances Act with respect to registration requirements for practitioners who dispense narcotic drugs in schedule IV or V for maintenance treatment or detoxification treatment. [Introduced in House] ...
4 H.Res. 597 (ih) Reaffirming the proclamation signed by President Abraham Lincoln on March 30, 1863, in which President Lincoln called for national humility, fasting, and prayer, and for other purposes. [Introduced in House] ...
5 S. 1786 (is) To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to establish a grant program for assisting small businesses and agricultural enterprises in meeting disaster-related expenses. [Introduced in Senate] ...
6 H.R. 560 (rs) To designate the Federal building and United States courthouse located at the intersection of Comercio and San Justo Streets, in San Juan, Puerto Rico, as the ``Jose V. Toledo Federal Building and United States Courthouse''. [Reported in Sen...
7 S. 1637 (is) To extend through the end of the current fiscal year certain expiring Federal Aviation Administration authorizations. [Introduced in Senate] ...
8 H.Res. 483 (rh) Providing for consideration of the bill (H.R. 673) to authorize the [Reported in House] ...
9 S. 3082 (is) To amend title XVIII of the Social Security Act to improve the manner in which new medical technologies are made available to Medicare beneficiaries under the Medicare Program, and for other purposes. [Introduced in Senate] ...
10 S. 580 (es) To amend title IX of the Public Health Service Act to revise and extend the Agency for Healthcare Policy and Research. [Engrossed in Senate] ...
11 H.R. 2868 (ih) To guarantee States and counties containing Federal forest lands consistent compensation for the loss of property tax revenues from such lands instead of a percentage of the declining revenues derived from timber sales. [Introduced in House...
12 H.R. 5110 (eh) To designate the United States courthouse located at 3470 12th Street in Riverside, California, as the ``George E. Brown, Jr. United States Courthouse''. [Engrossed in House] ...
13 H.R. 5002 (ih) To amend title XIX of the Social Security Act to permit additional States to enter into long-term care partnerships under the Medicaid Program in order to promote the use of long-term care insurance. [Introduced in House] ...
14 H.R. 539 (ih) To establish 9-1-1 as the universal emergency assistance number for wireless telecommunications users, and for other purposes. [Introduced in House] ...
15 S. 1798 (is) To amend title 35, United States Code, to provide enhanced protection for inventors and innovators, protect patent terms, reduce patent litigation, and for other purposes. [Introduced in Senate] ...
16 S.Res. 276 (is) To express the sense of the Senate that the conferees on the Violent and Repeat Juvenile Offender Accountability and Rehabilitation Act should submit the conference report on the bill before April 20, 2000, and include the gun safety amend...
17 H.J.Res. 86 (ih) Recognizing the 50th anniversary of the Korean War and the service by members of the Armed Forces during such war, and for other purposes. [Introduced in House] ...
18 H.Con.Res. 44 (eh) [Engrossed in House] ...
19 H.R. 4442 (eh) To establish a commission to promote awareness of the National Wildlife Refuge System among the American public as the System celebrates its centennial anniversary in 2003, and for other purposes. [Engrossed in House] ...
20 H.R. 2182 (ih) To authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel VICTORY OF BURNHAM. [Introduced in House] ...
21 H.R. 3268 (ih) To provide for the return of fair and reasonable fees to the Federal Government for the use and occupancy of National Forest System land under the recreation residence program, and for other purposes. [Introduced in House] ...
22 H.R. 5437 (ih) To require a study by the Bureau of Labor Statistics to develop a [Introduced in House] ...
23 S.Res. 20 (ats) To rename the Committee on Labor and Human Resources the Committee on Health, Education, Labor, and Pensions. [Agreed to Senate] ...
24 S. 1344 (pp) To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to protect consumers in managed care plans and other health coverage. [Public Print] ...
25 H.R. 4625 (eh) To designate the facility of the United States Postal Service located at 2108 East 38th Street in Erie, Pennsylvania, as the ``Gertrude A. Barber Post Office Building''. [Engrossed in House] ...
26 S. 1092 (is) To amend the Federal Food, Drug, and Cosmetic Act with respect to regulation of pharmacists, and for other purposes. [Introduced in Senate] ...
27 H.R. 4447 (rs) To designate the facility of the United States Postal Service located at 919 West 34th Street in Baltimore, Maryland, as the ``Samuel H. Lacy, Sr. Post Office Building''. [Reported in Senate] ...
28 H.R. 4697 (ih) To amend the Foreign Assistance Act of 1961 to ensure that United [Introduced in House] ...
29 S. 2916 (is) To amend the Harmonized Tariff Schedule of the United States to provide separate subheadings for hair clippers used for animals. [Introduced in Senate] ...
30 S. 2127 (is) To exempt agreements relating to voluntary guidelines governing telecast material, movies, video games, Internet content, and music lyrics from the applicability of the antitrust laws, and for other purposes. [Introduced in Senate] %%Filename...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy