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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.
Output:
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.