| 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] ...
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
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