Environmental Protection Act of 1983

Summary

Environmental Protection Act of 1983 - Title I: Findings and Purposes - Declares that the existing governmental entities charged with preventing air, water, and land pollution have not adequately protected the environment. States the purpose of this Act to be to protect Americans against adverse effects of environmental changes through the establishment of a multimember independent regulatory commission. Title II: Establishment of Commission - Establishes the Environmental Protection Commission as an independent regulatory commission to be composed of five members appointed by the President with the Senate's approval. Sets forth provisions governing the members, officers, powers, and functions of the Commission and the functions of the Chairman of the Commission. Directs the Science Advisory Board to provide such scientific advice as the Commission may request. Sets forth guidelines for the nomination, selection, and appointment by the Chairman of an individual to fill any vacancy on the Board. Requires the Chairman to issue regulations regarding conflicts of interest with respect to members of the Board. Title III: Transfer of Functions - Transfers to the Commission all functions, not otherwise transferred by this Act to the Commission or the administrative units of the Commission, of: (1) the Environmental Protection Agency; (2) the Secretary or the Department of the Interior under the Surface Mining Control and Reclamation Act of 1977; and (3) the Secretary or the Department of Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act. Title IV: Administrative Provisions - Part A: Personnel Provisions - Provides for the appointment and compensation of Commission officers and employees and the procurement and compensation of experts and consultants. Part B: General Administrative Provisions - Sets forth provisions governing the authority of the Commission to: (1) exercise transferred functions; (2) delegate functions to its officers and employees; (3) reallocate functions among its offices and reorganize its structure; (4) enter into and perform contracts; and (5) promulgate rules. Requires the Commission, for each proposed action to promulgate or revise a rule, to: (1) establish and make available to the public a rulemaking docket containing the comments and certain documentary information concerning each rule; (2) publish a notice of the proposed action which shall include a statement of the purpose and basis of the rule and the period available for public comment; (3) allow any person to present oral or written data on the rule during the comment period; and (4) keep the record of the rulemaking open for 30 days after completion of the proceeding to provide for submission of rebuttal or supplementary information. Requires the promulgated rule to be accompanied by: (1) a statement of its basis and purpose; (2) a justification of major changes to the rule as proposed; and (3) a response to significant data submitted during the comment period. Provides for the judicial review of such rules. Authorizes a six-month extension of a statutory deadline for the promulgation of such a rule if such extension is necessary to afford the public and the agency adequate opportunity to carry out rulemaking requirements. Authorizes the Commission to: (1) establish, alter, discontinue, or maintain regional and other field offices as necessary; (2) acquire and maintain schools, research and training facilities, and accommodations as may be necessary for employees; (3) establish eating facilities for employees at its installations; (4) provide certain facilities, services, and supplies for employees at remote locations; (5) use the resources of Federal, State, local, and foreign instrumentalities with their consent; (6) permit public and private organizations to use its facilities for Commission purposes; (7) acquire copyrights, patents, applications for patents, licenses under copyrights and patents, and releases for past patent or copyright infringement; (8) accept and use gifts, bequests, and devises of property; (9) provide advice and technical assistance related to its functions; (10) establish a working capital fund; and (11) transfer funds among Commission appropriations, with certain limitations. Directs the Commission to procure a seal of office. Requires the Commission to submit to the President and Congress at the beginning of each regular session of Congress a comprehensive report on the administration of its functions. Requires that such report include: (1) an appraisal of the incidence of health and other effects to the population resulting from environmental causes; (2) an evaluation of the degree of observance of environmental rules; (3) a summary of outstanding problems confronting the Commission; and (4) specified information on voluntary environmental standards developed with the Commission's assistance. Title V: Transitional, Savings, and Conforming Provisions - Sets forth provisions governing the transfer and allocation of personnel, appropriations, and other resources transferred to the Commission under this Act. Terminates the Environmental Protection Agency and positions in such Agency which were expressly authorized by law or compensated at an Executive Schedule pay rate. Declares that this Act shall have no effect on orders issued, determinations made, proceedings pending, or civil actions commenced before its enactment. Provides that statutory requirements for notice, hearings, and administrative or judicial review applicable to functions transferred by this Act shall continue to apply to such functions. Title VI: Effective Date and Interim Appointments - Sets forth the effective date of this Act. Provides that funds available to any agency the functions of which are transferred by this Act may, with the approval of the Director of the Office of Management and Budget, be used to pay the compensation of interim officers and other expenses of establishing the Commission or transfering functions until funds for such expenses are otherwise available. Authorizes the President to designate an officer in the executive branch to act as a Commission officer for 120 days or until such office is filled, whichever occurs first.

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1 official file

• Introduced in Senate

  summary · EN · 22 February 1983

  Open at official source

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