Statement of Administration Policy: H.R. 3847 - Department of Environmental Protection Act

(House)
(Conyers (D) Michigan and 22 others)

The Administration strongly supports House passage of the Hastert Substitute which would provide for the straight-forward elevation of EPA to cabinet status.

The Administration is strongly opposed to certain provisions of H.R. 3847 because they would interfere unacceptably with the President's authority to manage the Executive branch and with the functioning of the new Department of Environmental Protection. As stated in the Statement of Administration Policy (attached) sent to the House Rules Committee, the President's senior advisers, including the EPA Administrator and the Attorney General, would recommend a veto of H.R. 3847 in its current form.

The following is a summary of the objectionable provisions in H.R. 3847:

—  Mandatory delegation of all information collection, analysis, and dissemination from the Secretary to the Bureau of Environmental Statistics.

—  Prohibitions on (1) departmental review and approval of Bureau data collection, analysis, or dissemination activities, and (2) any Executive branch official review and approval of the substance of any Bureau reports.

—  A limitation on the removal of the Bureau Director from office — i. e., only for malfeasance in office, maladministration, or neglect of duty.

—  A limitation on the number of Deputy Assistant Secretaries and Senior Executive Service positions to be filled by political appointees.

—  Miscellaneous provisions concerning the confidentiality of statistical data, advisory panel disclosure and membership requirements, restrictions on the hiring of contractors, and conflict-of-interest requirements.

A further explanation of the basis for the veto recommendation on H.R. 3847, as well as the Administration's objections to other provisions in the bill, are summarized in the Attachment.