In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Activities Inventory Reform 
Act of 1998''.
SEC. 2. ANNUAL LISTS OF GOVERNMENT ACTIVITIES NOT INHERENTLY 
GOVERNMENTAL IN NATURE.
    (a) Lists Required.--Not later than the end of the third quarter of 
each fiscal year, the head of each executive agency shall submit to the 
Director of the Office of Management and Budget a list of activities 
performed by Federal Government sources for the executive agency that, 
in the judgment of the head of the executive agency, are not inherently 
governmental functions. The entry for an activity on the list shall 
include the following:
        (1) The fiscal year for which the activity first appeared on a 
    list prepared under this section.
        (2) The number of full-time employees (or its equivalent) that 
    are necessary for the performance of the activity by a Federal 
    Government source.
        (3) The name of a Federal Government employee responsible for 
    the activity from whom additional information about the activity 
    may be obtained.
    (b) OMB Review and Consultation.--The Director of the Office of 
Management and Budget shall review the executive agency's list for a 
fiscal year and consult with the head of the executive agency regarding 
the content of the final list for that fiscal year.
    (c) Public Availability of Lists.--
        (1) Publication.--Upon the completion of the review and 
    consultation regarding a list of an executive agency--
            (A) the head of the executive agency shall promptly 
        transmit a copy of the list to Congress and make the list 
        available to the public; and
            (B) the Director of the Office of Management and Budget 
        shall promptly publish in the Federal Register a notice that 
        the list is available to the public.
        (2) Changes.--If the list changes after the publication of the 
    notice as a result of the resolution of a challenge under section 
    3, the head of the executive agency shall promptly--
            (A) make each such change available to the public and 
        transmit a copy of the change to Congress; and
            (B) publish in the Federal Register a notice that the 
        change is available to the public.
    (d) Competition Required.--Within a reasonable time after the date 
on which a notice of the public availability of a list is published 
under subsection (c), the head of the executive agency concerned shall 
review the activities on the list. Each time that the head of the 
executive agency considers contracting with a private sector source for 
the performance of such an activity, the head of the executive agency 
shall use a competitive process to select the source (except as may 
otherwise be provided in a law other than this Act, an Executive order, 
regulations, or any executive branch circular setting forth 
requirements or guidance that is issued by competent executive 
authority). The Director of the Office of Management and Budget shall 
issue guidance for the administration of this subsection.
    (e) Realistic and Fair Cost Comparisons.--For the purpose of 
determining whether to contract with a source in the private sector for 
the performance of an executive agency activity on the list on the 
basis of a comparison of the costs of procuring services from such a 
source with the costs of performing that activity by the executive 
agency, the head of the executive agency shall ensure that all costs 
(including the costs of quality assurance, technical monitoring of the 
performance of such function, liability insurance, employee retirement 
and disability benefits, and all other overhead costs) are considered 
and that the costs considered are realistic and fair.

SEC. 3. CHALLENGES TO THE LIST.

    (a) Challenge Authorized.--An interested party may submit to an 
executive agency a challenge of an omission of a particular activity 
from, or an inclusion of a particular activity on, a list for which a 
notice of public availability has been published under section 2.
    (b) Interested Party Defined.--For the purposes of this section, 
the term ``interested party'', with respect to an activity referred to 
in subsection (a), means the following:
        (1) A private sector source that--
            (A) is an actual or prospective offeror for any contract, 
        or other form of agreement, to perform the activity; and
            (B) has a direct economic interest in performing the 
        activity that would be adversely affected by a determination 
        not to procure the performance of the activity from a private 
        sector source.
        (2) A representative of any business or professional 
    association that includes within its membership private sector 
    sources referred to in paragraph (1).
        (3) An officer or employee of an organization within an 
    executive agency that is an actual or prospective offeror to 
    perform the activity.
        (4) The head of any labor organization referred to in section 
    7103(a)(4) of title 5, United States Code, that includes within its 
    membership officers or employees of an organization referred to in 
    paragraph (3).
    (c) Time for Submission.--A challenge to a list shall be submitted 
to the executive agency concerned within 30 days after the publication 
of the notice of the public availability of the list under section 2.
    (d) Initial Decision.--Within 28 days after an executive agency 
receives a challenge, an official designated by the head of the 
executive agency shall--
        (1) decide the challenge; and
        (2) transmit to the party submitting the challenge a written 
    notification of the decision together with a discussion of the 
    rationale for the decision and an explanation of the party's right 
    to appeal under subsection (e).
    (e) Appeal.--
        (1) Authorization of appeal.--An interested party may appeal an 
    adverse decision of the official to the head of the executive 
    agency within 10 days after receiving a notification of the 
    decision under subsection (d).
        (2) Decision on appeal.--Within 10 days after the head of an 
    executive agency receives an appeal of a decision under paragraph 
    (1), the head of the executive agency shall decide the appeal and 
    transmit to the party submitting the appeal a written notification 
    of the decision together with a discussion of the rationale for the 
    decision.

SEC. 4. APPLICABILITY.

    (a) Executive Agencies Covered.--Except as provided in subsection 
(b), this Act applies to the following executive agencies:
        (1) Executive department.--An executive department named in 
    section 101 of title 5, United States Code.
        (2) Military department.--A military department named in 
    section 102 of title 5, United States Code.
        (3) Independent establishment.--An independent establishment, 
    as defined in section 104 of title 5, United States Code.
    (b) Exceptions.--This Act does not apply to or with respect to the 
following:
        (1) General accounting office.--The General Accounting Office.
        (2) Government corporation.--A Government corporation or a 
    Government controlled corporation, as those terms are defined in 
    section 103 of title 5, United States Code.
        (3) Nonappropriated funds instrumentality.--A part of a 
    department or agency if all of the employees of that part of the 
    department or agency are employees referred to in section 2105(c) 
    of title 5, United States Code.
        (4) Certain depot-level maintenance and repair.--Depot-level 
    maintenance and repair of the Department of Defense (as defined in 
    section 2460 of title 10, United States Code).

SEC. 5. DEFINITIONS.

    In this Act:
        (1) Federal government source.--The term ``Federal Government 
    source'', with respect to performance of an activity, means any 
    organization within an executive agency that uses Federal 
    Government employees to perform the activity.
        (2) Inherently governmental function.--
            (A) Definition.--The term ``inherently governmental 
        function'' means a function that is so intimately related to 
        the public interest as to require performance by Federal 
        Government employees.
            (B) Functions included.--The term includes activities that 
        require either the exercise of discretion in applying Federal 
        Government authority or the making of value judgments in making 
        decisions for the Federal Government, including judgments 
        relating to monetary transactions and entitlements. An 
        inherently governmental function involves, among other things, 
        the interpretation and execution of the laws of the United 
        States so as--
                (i) to bind the United States to take or not to take 
            some action by contract, policy, regulation, authorization, 
            order, or otherwise;
                (ii) to determine, protect, and advance United States 
            economic, political, territorial, property, or other 
            interests by military or diplomatic action, civil or 
            criminal judicial proceedings, contract management, or 
            otherwise;
                (iii) to significantly affect the life, liberty, or 
            property of private persons;
                (iv) to commission, appoint, direct, or control 
            officers or employees of the United States; or
                (v) to exert ultimate control over the acquisition, 
            use, or disposition of the property, real or personal, 
            tangible or intangible, of the United States, including the 
            collection, control, or disbursement of appropriated and 
            other Federal funds.
            (C) Functions excluded.--The term does not normally 
        include--
                (i) gathering information for or providing advice, 
            opinions, recommendations, or ideas to Federal Government 
            officials; or
                (ii) any function that is primarily ministerial and 
            internal in nature (such as building security, mail 
            operations, operation of cafeterias, housekeeping, 
            facilities operations and maintenance, warehouse 
            operations, motor vehicle fleet management operations, or 
            other routine electrical or mechanical services).

SEC. 6. EFFECTIVE DATE.

    This Act shall take effect on October 1, 1998.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

A: Federal Activities Inventory Reform Act of 1998 - Directs the head of each executive agency to submit to the Director of the Office of Management and Budget, not later than the end of the third quarter of each fiscal year, a list of activities performed by Federal Government sources for the agency that, in the judgment of the head of the executive agency, are not inherently governmental functions. 
Requires:  (1) the Director to review the agency's list and consult with the agency head regarding the contents of the final list for the fiscal year; (2) the agency head to transmit a copy of the list to the Congress and make the list publicly available; (3) the Director to publish in the Federal Register a notice that the list is publicly available; and (4) the agency head to publish a notice regarding, make available to the public, and transmit to the Congress, any subsequent change to the list. 
Requires the agency head to:  (1) review the activities on the list within a reasonable time after such a notice of its availability is published; and (2) use a competitive process (with specified exceptions) and ensure that all costs are considered each time that he or she considers contracting with a private sector source for the performance of an activity on the list. 
(Sec. 3) Permits an interested party to submit to an agency a challenge of an omission of a particular activity from, or an inclusion of a particular activity on, a list for which a notice has been published.  Sets forth procedures governing filing challenges, agency decisions on challenges, appealing such decisions, and agency decisions on such appeals. 
(Sec. 4) Provides that this Act shall not apply to or with respect to:  (1) the General Accounting Office; (2) Government corporations and Government controlled corporations; (3) a part of a department or agency if all of the employees of that part are employees paid from nonappropriated funds of certain instrumentalities of the United States under the jurisdiction of the armed forces; and (4) depot-level maintenance and repair of the Department of Defense.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Arson Prevention Act of 1994''.

SEC. 2. FINDINGS.

    Congress finds that_
        (1) arson is a serious and costly problem, and is responsible 
    for approximately 25 percent of all fires in the United States;
        (2) arson is a leading cause of fire deaths, accounting for 
    approximately 700 deaths annually in the United States, and is the 
    leading cause of property damage due to fire in the United States;
        (3) estimates of arson property losses are in the range of 
    $2,000,000,000 annually, or approximately 1 of every 4 dollars lost 
    to fire;
        (4) the incidence of arson in the United States is seriously 
    underreported, in part because of the lack of adequate 
    participation by local jurisdictions in the National Fire Incident 
    Reporting System (NFIRS) and the Uniform Crime Reporting (UCR) 
    program;
        (5) there is a need for expanded training programs for arson 
    investigators;
        (6) there is a need for improved programs designed to enable 
    volunteer firefighters to detect arson crimes and to preserve 
    evidence vital to the investigation and prosecution of arson cases;
        (7) according to the National Fire Protection Association, of 
    all the suspicious and incendiary fires estimated to occur, only 
    \1/3\ are confirmed as arson; and
        (8) improved training of arson investigators will increase the 
    ability of fire departments to identify suspicious and incendiary 
    fires, and will result in increased and more effective prosecution 
    of arson offenses.

SEC. 3. ARSON PREVENTION GRANTS.

    The Federal Fire Prevention and Control Act of 1974 is amended by 
inserting after section 24 (15 U.S.C. 2220) the following new section:

``SEC. 25. ARSON PREVENTION GRANTS.

    ``(a) Definitions._As used in this section:
        ``(1) Arson._The term `arson' includes all incendiary and 
    suspicious fires.
        ``(2) Office._The term `Office' means the Office of Fire 
    Prevention and Arson Control of the United States Fire 
    Administration.
    ``(b) Grants._The Administrator, acting through the Office, shall 
carry out a demonstration program under which not more than 10 grant 
awards shall be made to States, or consortia of States, for programs 
relating to arson research, prevention, and control.
    ``(c) Goals._In carrying out this section, the Administrator shall 
award 2-year grants on a competitive, merit basis to States, or 
consortia of States, for projects that promote one or more of the 
following goals:
        ``(1) To improve the training by States leading to professional 
    certification of arson investigators, in accordance with nationally 
    recognized certification standards.
        ``(2) To provide resources for the formation of arson task 
    forces or interagency organizational arrangements involving police 
    and fire departments and other relevant local agencies, such as a 
    State arson bureau and the office of a fire marshal of a State.
        ``(3) To combat fraud as a cause of arson and to advance 
    research at the State and local levels on the significance and 
    prevention of fraud as a motive for setting fires.
        ``(4) To provide for the management of arson squads, including_
            ``(A) training courses for fire departments in arson case 
        management, including standardization of investigative 
        techniques and reporting methodology;
            ``(B) the preparation of arson unit management guides; and
            ``(C) the development and dissemination of new public 
        education materials relating to the arson problem.
        ``(5) To combat civil unrest as a cause of arson and to advance 
    research at the State and local levels on the prevention and 
    control of arson linked to urban disorders.
        ``(6) To combat juvenile arson, such as juvenile fire-setter 
    counseling programs and similar intervention programs, and to 
    advance research at the State and local levels on the prevention of 
    juvenile arson.
        ``(7) To combat drug-related arson and to advance research at 
    the State and local levels on the causes and prevention of drug-
    related arson.
        ``(8) To combat domestic violence as a cause of arson and to 
    advance research at the State and local levels on the prevention of 
    arson arising from domestic violence.
        ``(9) To combat arson in rural areas and to improve the 
    capability of firefighters to identify and prevent arson initiated 
    fires in rural areas and public forests.
        ``(10) To improve the capability of firefighters to identify 
    and combat arson through expanded training programs, including_
            ``(A) training courses at the State fire academies; and
            ``(B) innovative courses developed with the Academy and 
        made available to volunteer firefighters through regional 
        delivery methods, including teleconferencing and satellite 
        delivered television programs.
    ``(d) Structuring of Applications._The Administrator shall assist 
grant applicants in structuring their applications so as to ensure that 
at least one grant is awarded for each goal described in subsection 
(c).
    ``(e) State Qualification Criteria._In order to qualify for a grant 
under this section, a State, or consortium of States, shall provide 
assurances adequate to the Administrator that the State or consortium_
        ``(1) will obtain at least 25 percent of the cost of programs 
    funded by the grant, in cash or in kind, from non-Federal sources;
        ``(2) will not as a result of receiving the grant decrease the 
    prior level of spending of funds of the State or consortium from 
    non-Federal sources for arson research, prevention, and control 
    programs;
        ``(3) will use no more than 10 percent of funds provided under 
    the grant for administrative costs of the programs; and
        ``(4) is making efforts to ensure that all local jurisdictions 
    will provide arson data to the National Fire Incident Reporting 
    System or the Uniform Crime Reporting program.
    ``(f) Extension._A grant awarded under this section may be extended 
for one or more additional periods, at the discretion of the 
Administrator, subject to the availability of appropriations.
    ``(g) Technical Assistance._The Administrator shall provide 
technical assistance to States in carrying out programs funded by 
grants under this section.
    ``(h) Consultation and Cooperation._In carrying out this section, 
the Administrator shall consult and cooperate with other Federal 
agencies to enhance program effectiveness and avoid duplication of 
effort, including the conduct of regular meetings initiated by the 
Administrator with representatives of other Federal agencies concerned 
with arson and concerned with efforts to develop a more comprehensive 
profile of the magnitude of the national arson problem.
    ``(i) Assessment._Not later than 18 months after the date of 
enactment of this subsection, the Administrator shall submit a report 
to Congress that_
        ``(1) identifies grants made under this section;
        ``(2) specifies the identity of grantees;
        ``(3) states the goals of each grant; and
        ``(4) contains a preliminary assessment of the effectiveness of 
    the grant program under this section.
    ``(j) Regulations._Not later than 90 days after the date of 
enactment of this subsection, the Administrator shall issue regulations 
to implement this section, including procedures for grant applications.
    ``(k) Administration._The Administrator shall directly administer 
the grant program required by this section, and shall not enter into 
any contract under which the grant program or any portion of the 
program will be administered by another party.
    ``(l) Purchase of American Made Equipment and Products._
        ``(1) Sense of congress._It is the sense of Congress that any 
    recipient of a grant under this section should purchase, when 
    available and cost-effective, American made equipment and products 
    when expending grant monies.
        ``(2) Notice to recipients of assistance._In allocating grants 
    under this section, the Administrator shall provide to each 
    recipient a notice describing the statement made in paragraph (1) 
    by the Congress.''.

SEC. 4. VOLUNTEER FIREFIGHTER TRAINING.

    Section 24(a)(2) of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2220(a)(2)) is amended by inserting before the 
semicolon the following: ``, with particular emphasis on the needs of 
volunteer firefighters for improved and more widely available arson 
training courses''.

SEC. 5. CPR TRAINING.

    The Federal Fire Prevention and Control Act of 1974 is amended by 
adding at the end the following new section:

``SEC. 32. CPR TRAINING.

    ``No funds shall be made available to a State or local government 
under section 25 unless such government has a policy to actively 
promote the training of its firefighters in cardiopulmonary 
resuscitation.''.

SEC. 6. FEDERAL EMPLOYEE HOUSING EXCEPTIONS.

    Section 31(c)(1) of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2227(c)(1)) is amended_
        (1) in subparagraph (A), by striking ``No Federal'' and 
    inserting in lieu thereof ``Except as otherwise provided in this 
    paragraph, no Federal''; and
        (2) by adding at the end the following new subparagraphs:
    ``(C) Housing covered by this paragraph that does not have an 
adequate and reliable electrical system shall not be subject to the 
requirement under subparagraph (A) for protection by hard-wired smoke 
detectors, but shall be protected by battery operated smoke detectors.
    ``(D) If funding has been programmed or designated for the 
demolition of housing covered by this paragraph, such housing shall not 
be subject to the fire protection requirements of subparagraph (A), but 
shall be protected by battery operated smoke detectors.''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    Section 17 of the Federal Fire Prevention and Control Act of 1974 
(15 U.S.C. 2216) is amended by adding at the end the following new 
subsection:
    ``(h) In addition to any other amounts that are authorized to be 
appropriated to carry out this Act, there are authorized to be 
appropriated to carry out this Act_
        ``(1) $500,000 for fiscal year 1995 for basic research on the 
    development of an advanced course on arson prevention;
        ``(2) $2,000,000 for fiscal year 1996 for the expansion of 
    arson investigator training programs at the Academy under section 
    24 and at the Federal Law Enforcement Training Center, or through 
    regional delivery sites;
        ``(3) $4,000,000 for each of fiscal years 1995 and 1996 for 
    carrying out section 25, except for salaries and expenses for 
    carrying out section 25; and
        ``(4) $250,000 for each of the fiscal years 1995 and 1996 for 
    salaries and expenses for carrying out section 25.''.

SEC. 8. SUNSET.

    Notwithstanding any other provision of this Act, no funds are 
authorized to be appropriated for any fiscal year after fiscal year 
1996 for carrying out the programs for which funds are authorized by 
this Act, or the amendments made by this Act.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.

A: Arson Prevention Act of 1994 - Amends the Fire Prevention and Control Act of 1974 to direct the Administrator of the United States Fire Administration, acting through the Office of Fire Prevention and Arson Control, to carry out a demonstration program under which not more than ten grant awards shall be made to States or consortia of States (States) for programs relating to arson research, prevention, and control. 
Directs the Administrator, in carrying out such provision, to award two-year grants on a competitive, merit basis to States for projects that promote one or more of specified goals, including:  (1) improving the training by States leading to professional certification of arson investigators; (2) providing resources for the formation of arson task forces or interagency organizational arrangements involving the police and fire departments and other relevant local agencies; (3) combating fraud as a cause of arson and advancing research at the State and local levels on the significance and prevention of fraud as a motive for setting fires; (4) combating juvenile arson, drug-related arson, and domestic violence as a cause of arson; and (5) improving the capability of firefighters to identify and combat arson through expanded training programs. 
Sets forth provisions regarding:  (1) the structuring of applications; (2) State qualification criteria; (3) the extension of grants; (4) technical assistance; (5) consultation and cooperation with other Federal agencies; (6) assessment; and (7) the purchase of American made equipment and products by grant recipients. 
(Sec. 4) Includes within a provision requiring the Administrator to provide training and instructional materials in skills and knowledge necessary to assist Federal, State, and local fire service and law enforcement personnel in arson prevention, detection, and control, a requirement that particular emphasis be placed on the needs of volunteer firefighters for improved and more widely available arson training courses. 
(Sec. 5) Prohibits making certain funds available to a State or local government under the Act unless such government has a policy to actively promote the training of its firefighters in cardiopulmonary resuscitation. 
(Sec. 6) Exempts Federal employee housing that does not have an adequate and reliable electrical system from the requirement for protection by hard-wired (but requires battery operated) smoke detectors. 
(Sec. 7) Authorizes appropriations, including appropriations for basic research on the development of an advanced course on arson prevention and for the expansion of arson investigator training programs at the National Fire Academy and the Federal Law Enforcement Training Center or through regional delivery sites. 
(Sec. 8) Prohibits any funds from being authorized to be appropriated for any fiscal year after FY 1996 for carrying out the programs for which funds are authorized by this Act or the amendments made by this Act.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Environmental 
Protection Act''.

TITLE I--REDESIGNATION OF ENVIRONMENTAL PROTECTION AGENCY AS DEPARTMENT 
                      OF ENVIRONMENTAL PROTECTION

SEC. 101. 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. The 
Department shall be headquartered at the seat of Government. The 
official acronym of the Department shall be ``D.E.P.''.
    (b) Secretary of the Environment.--(1) 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.
    (2) Office of the Secretary.--The Office of the Secretary shall 
consist of the Secretary and the Deputy Secretary appointed under 
subsection (d), and may include an Executive Secretary.
    (c) Transfer.--The functions, powers, and duties of the 
Administrator, other officers and employees of the Environmental 
Protection Agency, and the various offices and agencies of the 
Environmental Protection Agency are transferred to and vested in the 
Secretary.
    (d) Deputy Secretary.--There shall be in the Department a Deputy 
Secretary of Environmental Protection, who shall be appointed by the 
President, by and with the advice and consent of the Senate. The Deputy 
Secretary shall perform such functions as the Secretary shall 
prescribe, and shall act as the Secretary during the absence or 
disability of the Secretary or in the event of a vacancy in the Office 
of the Secretary.
    (e) Delegation of Authority.--Except as provided in this Act and 
other existing laws, the Secretary may delegate any functions, 
including the making of regulations, to such officers and employees of 
the Department as the Secretary may designate, and may authorize such 
successive redelegations of such functions within the Department as the 
Secretary considers to be necessary or appropriate.

SEC. 102. ASSISTANT SECRETARIES.

    (a) Establishment of Positions.--There shall be in the Department 
such number of Assistant Secretaries, not to exceed 10, as the 
Secretary shall determine, each of whom--
            (1) shall be appointed by the President, by and with the 
        advice and consent of the Senate; and
            (2) shall perform such functions as the Secretary shall 
        prescribe.
    (b) Functions.--The Secretary shall assign to each Assistant 
Secretary of the Department such functions as the Secretary considers 
appropriate.
    (c) Designation of Functions Prior to Confirmation.--Whenever the 
President submits the name of an individual to the Senate for 
confirmation as an Assistant Secretary under this section, the 
President shall state the particular functions of the Department (as 
assigned by the Secretary under subsection (b)) such individual will 
exercise upon taking office.

SEC. 103. DEPUTY ASSISTANT SECRETARIES.

    (a) Establishment of Positions.--There shall be in the Department 
20 Deputy Assistant Secretaries, or such number as the Secretary 
determines is appropriate.
    (b) Appointments.--Each Deputy Assistant Secretary--
            (1) shall be appointed by the Secretary; and
            (2) shall perform such functions as the Secretary shall 
        prescribe.
    (c) Career Senior Executive Service.--At least one-half of 
positions established under subsection (a) and filled by subsection (b) 
shall be in the career Senior Executive Service.
    (d) Functions.--Functions assigned to an Assistant Secretary under 
section 102(b) may be performed by one or more Deputy Assistant 
Secretaries appointed to assist such Assistant Secretary.

SEC. 104. OFFICE OF THE GENERAL COUNSEL.

    (a) General Counsel.--There shall be in the Department the Office 
of the General Counsel. There shall be at the head of such office a 
General Counsel who shall be appointed by the President, by and with 
the advice and consent of the Senate. The General Counsel shall be the 
chief legal officer of the Department and shall provide legal 
assistance to the Secretary concerning the programs and policies of the 
Department.
    (b) Deputy General Counsel.--There shall be in the Office of the 
General Counsel at least one Deputy General Counsel, who--
            (1) shall be appointed by the General Counsel; and
            (2) shall perform such functions as the Secretary shall 
        prescribe.

SEC. 105. OFFICE OF INSPECTOR GENERAL.

    The Office of Inspector General of the Environmental Protection 
Agency, established in accordance with the Inspector General Act of 
1978 (5 U.S.C. App.), is redesignated as the Office of Inspector 
General of the Department of Environmental Protection.

SEC. 106. REGIONAL ADMINISTRATORS.

    There shall be in the Department not more than 11 regional 
administrators, each of whom shall be appointed by the Secretary. 
Political affiliation or political qualification may not be the primary 
factor taken into account in connection with the appointment of any 
person to a position as a regional administrator of the Department. 
Each regional administrator shall--
            (1) perform in accordance with applicable law such of the 
        functions transferred or delegated to or vested in the 
        Secretary as the Secretary shall prescribe in accordance with 
        the provisions of this Act and other applicable law; and
            (2) implement program policies and priorities as 
        established by the Secretary, Assistant Secretaries, and Deputy 
        Secretaries.

SEC. 107. CONTINUING PERFORMANCE OF FUNCTIONS.

    (a) Redesignation of Positions.--(1) The Administrator of the 
Environmental Protection Agency is redesignated as the Secretary of the 
Department of Environmental Protection.
    (2) The Deputy Administrator of such agency is redesignated as the 
Deputy Secretary of the Department of Environmental Protection.
    (3) Each Assistant Administrator of such agency is redesignated as 
an Assistant Secretary of the Department.
    (4) The General Counsel of such agency is redesignated as the 
General Counsel of the Department.
    (5) The Inspector General of such agency is redesignated as the 
Inspector General of the Department.
    (b) Not Subject to Renomination or Reconfirmation.--An individual 
serving at the pleasure of the President in a position that is 
redesignated by subsection (a) may continue to serve in and perform 
functions of that position after the date of the enactment of this Act 
without renomination by the President or reconfirmation by the Senate.

SEC. 108. REFERENCES.

    Reference in any other Federal law, Executive order, rule, 
regulation, reorganization plan, or delegation of authority, or in any 
document--
            (1) to the Environmental Protection Agency is deemed to 
        refer to the Department of Environmental Protection;
            (2) to the Administrator of the Environmental Protection 
        Agency is deemed to refer to the Secretary of Environmental 
        Protection;
            (3) to the Deputy Administrator of the Environmental 
        Protection Agency is deemed to refer to the Deputy Secretary of 
        Environmental Protection; and
            (4) to an Assistant Administrator of the Environmental 
        Protection Agency is deemed to refer to the corresponding 
        Assistant Secretary of the Department of Environmental 
        Protection who is assigned the functions of that Assistant 
        Administrator.

SEC. 109. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents.--All orders, 
determinations, rules, regulations, permits, grants, contracts, 
certificates, licenses, privileges, and other administrative actions--
            (1) which have been issued, made, granted or allowed to 
        become effective by the President, the Administrator or other 
        authorized official of the Environmental Protection Agency, or 
        by a court of competent jurisdiction, which relate to functions 
        of the Administrator or any other officer or agent of the 
        Environmental Protection Agency actions; and
            (2) which are in effect at the time this Act takes effect;
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the Secretary, or other authorized official, by a court 
of competent jurisdiction, or by operation of law.
    (b) Proceedings Not Affected.--This Act shall not affect any 
proceeding, proposed rule, or application for any license, permit, 
certificate, or financial assistance pending before the Environmental 
Protection Agency at the time this Act takes effect, and such 
proceedings and applications shall be continued. Orders shall be issued 
in such proceedings, appeals shall be taken therefrom, and payments 
shall be made pursuant to such orders, as if this Act had not been 
enacted, and orders issued in any such proceedings shall continue in 
effect until modified, terminated, superseded, or revoked by a duly 
authorized official, by a court of competent jurisdiction, or by 
operation of law. Nothing in this subsection prohibits the 
discontinuance or modification of any such proceeding under the same 
terms and conditions and to the same extent that such proceeding could 
have been discontinued or modified if this Act had not been enacted.
    (c) Suits Not Affected.--This Act shall not affect suits commenced 
before the effective date of this Act, and in all such suits 
proceedings shall be had, appeals taken, and judgments rendered in the 
same manner and with the same effect as if this Act had not been 
enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against the Environmental Protection Agency, or by or 
against any individual in the official capacity of such individual as 
an officer of the Environmental Protection Agency, shall be abated by 
reason of the enactment of this Act.
    (e) Property and Resources.--The contracts, liabilities, records, 
property, and other assets and interests of the Environmental 
Protection Agency shall, after the effective date of this Act, be 
considered to be contracts, liabilities, records, property, and other 
assets and interests of the Department.

SEC. 110. CONFORMING AMENDMENTS.

    (a) Presidential Succession.--Section 19(d)(1) of title 3, United 
States Code, is amended by inserting before the period at the end 
thereof the following: ``, Secretary of Environmental Protection''.
    (b) Definition of Department in Civil Service Laws.--Section 101 of 
title 5, United States Code, is amended by adding at the end thereof 
the following:
            ``The Department of Environmental Protection.''.
    (c) Compensation, Level I.--Section 5312 of title 5, United States 
Code, is amended by adding at the end thereof the following:
            ``Secretary of Environmental Protection.''.
    (d) Compensation, Level II.--Section 5313 of title 5, United States 
Code, is amended by striking ``Administrator of Environmental 
Protection Agency'' and inserting in lieu thereof ``Deputy Secretary of 
Environmental Protection''.
    (e) Compensation, Level IV.--Section 5315 of title 5, United States 
Code, is amended--
            (1) by striking ``Inspector General, Environmental 
        Protection Agency'' and inserting in lieu thereof ``Inspector 
        General, Department of Environmental Protection'';
            (2) by striking each reference to an Assistant 
        Administrator, or Assistant Administrators, of the 
        Environmental Protection Agency; and
            (3) by adding at the end thereof the following:
            ``Assistant Secretaries, Department of Environmental 
        Protection.
            ``General Counsel, Department of Environmental 
        Protection.''.
    (f) Inspector General Act.--The Inspector General Act of 1978 is 
amended--
            (1) in section 11(1)--
                    (A) by inserting ``Environmental Protection,'' 
                after ``Energy,''; and
                    (B) by striking ``Environmental Protection,''; and
            (2) in section 11(2)--
                    (A) by inserting ``Environmental Protection,'' 
                after ``Energy,''; and
                    (B) by striking ``the Environmental Protection 
                Agency,''.

SEC. 111. ADDITIONAL CONFORMING AMENDMENTS.

    After consultation with the Committee on Government Operations of 
the House of Representatives, the Committee on Governmental Affairs of 
the Senate, and other appropriate committees of the Congress, the 
Secretary shall prepare and submit to the Congress proposed legislation 
containing technical and conforming amendments to the laws of the 
United States, to reflect the changes made by this Act. Such proposed 
legislation shall be submitted not later than 1 year after the 
effective date of this Act.

                  TITLE II--ADMINISTRATIVE PROVISIONS

SEC. 201. ACQUISITION OF COPYRIGHTS AND PATENTS.

    The Secretary may acquire any of the following rights if the 
property acquired thereby is for use by or for, or useful to, the 
Department:
            (1) Copyrights, patents, and applications for patents, 
        designs, processes, and manufacturing data.
            (2) Licenses under copyrights, patents, and applications 
        for patents.
            (3) Releases, before suit is brought, for past infringement 
        of patents or copyrights.

SEC. 202. GIFTS AND BEQUESTS.

    The Secretary may accept, hold, administer, and utilize gifts, 
bequests, and devises of real or personal property for the purpose of 
aiding or facilitating the work of the Department. Gifts, bequests, and 
devises of money and proceeds from sales of other property received as 
gifts, bequests, or devises shall be deposited in the Treasury and 
shall be available for disbursement upon the order of the Secretary.

SEC. 203. OFFICIAL SEAL OF DEPARTMENT.

    On and after the effective date of this Act, the seal of the 
Environmental Protection Agency, with appropriate changes, shall be the 
official seal of the Department, until such time as the Secretary may 
cause an official seal to be made for the Department of such design as 
the Secretary shall approve.

SEC. 204. USE OF LIKENESS OF OFFICIAL SEAL OF DEPARTMENT.

    (a) Display of Seal.--Whoever knowingly displays any printed or 
other likeness of the official seal of the Department, or any facsimile 
thereof, in or in connection with, any advertisement, poster, circular, 
book, pamphlet, or other publication, public meeting, play, motion 
picture, telecast, or other production, or on any building, monument, 
or stationery, for the purpose of conveying, or in a manner reasonably 
calculated to convey, a false impression of sponsorship or approval by 
the Government of the United States or by any department, agency, or 
instrumentality thereof, shall be fined not more than $250 or 
imprisoned not more than 6 months, or both.
    (b) Manufacture, Reproduction, Sale, or Purchases for Resale.--
Except as authorized under regulations promulgated by the Secretary and 
published in the Federal Register, whoever knowingly manufactures, 
reproduces, sells, or purchases for resale, either separately or 
appended to any article manufactured or sold, any likeness of the 
official seal of the Department or any substantial part thereof (except 
for manufacture or sale of the article for the official use of the 
Government of the United States), shall be fined not more than $250 or 
imprisoned not more than 6 months, or both.
    (c) Injunctions.--A violation of subsection (a) or (b) may be 
enjoined by an action brought by the Attorney General in the 
appropriate district court of the United States. The Attorney General 
shall file such an action upon request of the Secretary or any 
authorized representative of the Secretary.

SEC. 205. USE OF STATIONERY, PRINTED FORMS, AND SUPPLIES OF 
              ENVIRONMENTAL PROTECTION AGENCY.

    The Secretary shall ensure that, to the extent practicable, 
existing stationery, printed forms, and other supplies of the 
Environmental Protection Agency are used to carry out functions of the 
Department before procuring new stationery, printed forms, and other 
supplies for the Department.

A:
TABLE OF CONTENTS: 
     Title I:  Redesignation of Environmental Protection Agency as Department of Environmental Protection 
     Title II:  Administrative Provisions 
TABLE OF CONTENTS: 
Department of Environmental Protection Act - 
Title I: Redesignation of Environmental Protection Agency as Department of Environmental Protection
 - Redesignates the Environmental Protection Agency as the Department of Environmental Protection, an executive department to be administered by a Secretary of Environmental Protection appointed by the President, by and with the advice and consent of the Senate. 
Title II:  Administrative Provisions
 - Sets forth administrative provisions applicable to such designation.
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