I 

108TH CONGRESS 

2D SESSION H. R. 4368 

To transfer the National Oceanic and Atmospheric Administration to the 

Department of the Interior. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 13, 2004 

Mr. SAXTON (for himself and Mr. YOUNG of Alaska) introduced the following 

bill; which was referred to the Committee on Resources, and in addition 

to the Committee on Science, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To transfer the National Oceanic and Atmospheric 

Administration to the Department of the Interior. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Weather and Oceans 

5 Resources Realignment Act’’. 
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1 SEC. 2. TRANSFER OF NATIONAL OCEANIC AND ATMOS2 PHERIC ADMINISTRATION TO DEPARTMENT 

3 OF THE INTERIOR. 

4 (a) TRANSFER OF ADMINISTRATION.—The National 

5 Oceanic and Atmospheric Administration is transferred to 

6 the Department of the Interior. 

7 (b) TRANSFER OF FUNCTIONS.—All functions that 

8 are authorized to be performed by the National Oceanic 

9 and Atmospheric Administration immediately before the 

10 enactment of this Act are transferred to the Secretary of 

11 the Interior. 

12 (c) MAINTENANCE AS SEPARATE ENTITY.—The Na13 tional Oceanic and Atmospheric Administration, including 

14 all functions of the Secretary of the Interior relating there15 to, shall be maintained as a distinct entity in the Depart16 ment of the Interior. 

17 SEC. 3. REFERENCES. 

18 Any reference in any other Federal law, Executive 

19 order, rule, regulation, or delegation of authority, or any 

20 document of or pertaining to the National Oceanic and 

21 Atmospheric Administration, any agency or other compo22 nent of such administration, or a function performed by 

23 such administration immediately before the enactment of 

24 this Act— 
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1 (1) to the Secretary of Commerce or another of2 ficer of the Department of Commerce is deemed to 

3 refer to the Secretary of the Interior; or 

4 (2) to the Department of Commerce is deemed 

5 to refer to the Department of the Interior. 

6 SEC. 4. EXERCISE OF AUTHORITIES. 

7 Except as otherwise provided by law, a Federal offi8 cial to whom a function is transferred by this Act may, 

9 for purposes of performing the function, exercise all au10 thorities under any other provision of law that were avail11 able with respect to the performance of that function to 

12 the official responsible for the performance of the function 

13 immediately before the effective date of the transfer of the 

14 function under this Act. 

15 SEC. 5. SAVINGS PROVISIONS. 

16 (a) LEGAL DOCUMENTS.—All orders, determinations, 

17 rules, regulations, permits, grants, loans, contracts, agree18 ments, certificates, licenses, and privileges— 

19 (1) that have been issued, made, granted, or al20 lowed to become effective by the President, the Sec21 retary of Commerce, any officer or employee of any 

22 office transferred by this Act, or any other Govern23 ment official, or by a court of competent jurisdic24 tion, in the performance of any function that is 

25 transferred by this Act, and 
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1 (2) that are in effect on the effective date of 

2 such transfer (or become effective after such date 

3 pursuant to their terms as in effect on such effective 

4 date), 

5 shall continue in effect according to their terms until 

6 modified, terminated, superseded, set aside, or revoked in 

7 accordance with law by the President, any other author8 ized official, a court of competent jurisdiction, or operation 

9 of law. 

10 (b) PROCEEDINGS.—This Act shall not affect any 

11 proceedings or any application for any benefits, service, 

12 license, permit, certificate, or financial assistance pending 

13 on the date of the enactment of this Act before an office 

14 transferred by this Act, but such proceedings and applica15 tions shall be continued. Orders shall be issued in such 

16 proceedings, appeals shall be taken therefrom, and pay17 ments shall be made pursuant to such orders, as if this 

18 Act had not been enacted, and orders issued in any such 

19 proceeding shall continue in effect until modified, termi20 nated, superseded, or revoked by a duly authorized official, 

21 by a court of competent jurisdiction, or by operation of 

22 law. Nothing in this subsection shall be considered to pro23 hibit the discontinuance or modification of any such pro24 ceeding under the same terms and conditions and to the 
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1 same extent that such proceeding could have been discon2 tinued or modified if this Act had not been enacted. 

3 (c) SUITS.—This Act shall not affect suits com4 menced before the date of the enactment of this Act, and 

5 in all such suits, proceeding shall be had, appeals taken, 

6 and judgments rendered in the same manner and with the 

7 same effect as if this Act had not been enacted. 

8 (d) NONABATEMENT OF ACTIONS.—No suit, action, 

9 or other proceeding commenced by or against the Depart10 ment of Commerce or the Secretary of Commerce, or by 

11 or against any individual in the official capacity of such 

12 individual as an officer or employee of an office trans13 ferred by this Act, shall abate by reason of the enactment 

14 of this Act. 

15 (e) CONTINUANCE OF SUITS.—If any Government of16 ficer in the official capacity of such officer is party to a 

17 suit with respect to a function of the officer, and under 

18 this Act such function is transferred to any other officer 

19 or office, then such suit shall be continued with the other 

20 officer or the head of such other office, as applicable, sub21 stituted or added as a party. 

22 (f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE23 VIEW.—Except as otherwise provided by this Act, any 

24 statutory requirements relating to notice, hearings, action 

25 upon the record, or administrative or judicial review that 
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1 apply to any function transferred by this Act shall apply 

2 to the exercise of such function by the head of the Federal 

3 agency, and other officers of the agency, to which such 

4 function is transferred by this Act. 

5 SEC. 6. TRANSFER OF ASSETS. 

6 Except as otherwise provided in this Act, so much 

7 of the personnel, property, records, and unexpended bal8 ances of appropriations, allocations, and other funds em9 ployed, used, held, available, or to be made available in 

10 connection with a function transferred to an official or 

11 agency by this Act shall be available to the official or the 

12 head of that agency, respectively, at such time or times 

13 as the Director of the Office of Management and Budget 

14 directs for use in connection with the functions trans15 ferred. 

16 SEC. 7. DELEGATION AND ASSIGNMENT. 

17 Except as otherwise expressly prohibited by law or 

18 otherwise provided in this Act, an official to whom func19 tions are transferred under this Act (including the head 

20 of any office to which functions are transferred under this 

21 Act) may delegate any of the functions so transferred to 

22 such officers and employees of the office of the official as 

23 the official may designate, and may authorize successive 

24 redelegations of such functions as may be necessary or ap25 propriate. No delegation of functions under this section 
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1 or under any other provision of this Act shall relieve the 

2 official to whom a function is transferred under this Act 

3 of responsibility for the administration of the function. 

4 SEC. 8. AUTHORITY OF DIRECTOR OF THE OFFICE OF MAN5 AGEMENT AND BUDGET WITH RESPECT TO 

6 FUNCTIONS TRANSFERRED. 

7 (a) DETERMINATIONS.—If necessary, the Director 

8 shall make any determination of the functions that are 

9 transferred under this Act. 

10 (b) INCIDENTAL TRANSFERS.—The Director, at such 

11 time or times as the Director shall provide, may make 

12 such determinations as may be necessary with regard to 

13 the functions transferred by this Act, and to make such 

14 additional incidental dispositions of personnel, assets, li15 abilities, grants, contracts, property, records, and unex16 pended balances of appropriations, authorizations, alloca17 tions, and other funds held, used, arising from, available 

18 to, or to be made available in connection with such func19 tions, as may be necessary to carry out the provisions of 

20 this Act. The Director shall provide for such further meas21 ures and dispositions as may be necessary to effectuate 

22 the purposes of this Act. 

23 SEC. 9. DEFINITIONS. 

24 For purposes of this Act— 
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1 (1) the term ‘‘function’’ includes any duty, obli2 gation, power, authority, responsibility, right, privi3 lege, activity, or program; and 

4 (2) the term ‘‘office’’ includes any office, ad5 ministration, agency, bureau, institute, council, unit, 

6 organizational entity, or component thereof. 

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