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] ...

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  1st Session
                                H. R. 2138

To elevate the Environmental Protection Agency to cabinet-level status 
    and redesignate such agency as the Department of Environmental 



                              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 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,


    (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 

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.


    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.


    For purposes of this Act--
            (1) the term ``Secretary'' means the Secretary of the 
            (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.


    (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 
            (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 
    (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.


    (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 
    (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.


    (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 
                    (A) An Under Secretary for Science and Information.
                    (B) An Under Secretary for Policy, Planning, and 
                    (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 
            (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.


    (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 
            (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 
    (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 
            (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 
            (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 
            (2) Oversight of the Assistant Secretaries of the 
            (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 
            (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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