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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2761 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2761

  To transfer certain offices of the National Oceanic and Atmospheric 
   Administration to the Department of the Interior, and to transfer 
coastal assessment, science, and management components of the National 
Ocean Service of that Administration to the Department of Environmental 
                              Protection.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 1993

 Mrs. Unsoeld introduced the following bill; which was referred to the 
               Committee on Merchant Marine and Fisheries

_______________________________________________________________________

                                 A BILL

 
  To transfer certain offices of the National Oceanic and Atmospheric 
   Administration to the Department of the Interior, and to transfer 
coastal assessment, science, and management components of the National 
Ocean Service of that Administration to the Department of Environmental 
                              Protection.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ocean and Coastal Management 
Improvement Act of 1993''.

SEC. 2. TRANSFER OF OFFICES OF NATIONAL OCEANIC AND ATMOSPHERIC 
              ADMINISTRATION TO DEPARTMENT OF THE INTERIOR.

    (a) Transfer of Offices.--There are transferred to the Department 
of the Interior the following offices and assets of the National 
Oceanic and Atmospheric Administration:
            (1) The National Ocean Service, other than the components 
        of that Service transferred under section 3.
            (2) The National Marine Fisheries Service.
            (3) The Office of Oceanic and Atmospheric Research.
            (4) The fleet of research and survey vessels.
            (5) The National Oceanic and Atmospheric Corps.
    (b) Transfer of Functions.--The functions that, on the day before 
the date of the enactment of this Act, were performed by an individual 
in their capacity as an officer or employee of an office transferred by 
subsection (a) are transferred to the Secretary of the Interior.
    (c) Delegation of Functions.--The Secretary of the Interior shall 
delegate functions transferred by subsection (b) as follows:
            (1) The functions relating to the national marine 
        sanctuaries program performed by the National Ocean Service 
        shall be delegated to the Director of the United States Fish 
        and Wildlife Service.
            (2) The functions relating to mapping, charting, and 
        geodesy performed by the National Ocean Service shall be 
        delegated to the Director of the Geological Survey.
            (3) The functions performed by the National Marine 
        Fisheries Service shall be delegated to the Director of the 
        United States Fish and Wildlife Service.
            (4) To the Director of the Biological Survey, the following 
        functions:
                    (A) Functions performed by the Office of Oceanic 
                and Atmospheric Research, as follows:
                            (i) Oceans and Great Lakes programs.
                            (ii) Marine prediction research.
                            (iii) The National Sea Grant College 
                        Program.
                            (iv) The undersea research program.
                    (B) Coastal ocean science functions performed by 
                the National Ocean Service, other than functions 
                required to be delegated under paragraphs (1) and (2).
    (d) Advisory Committees.--There are transferred to the Department 
of the Interior any advisory committee of the National Oceanic and 
Atmospheric Administration that gives advice or makes recommendations 
that primarily concern functions transferred by this section.

SEC. 3. TRANSFER OF COMPONENTS OF NATIONAL OCEAN SERVICE TO DEPARTMENT 
              OF ENVIRONMENTAL PROTECTION.

    (a) Transfer of Offices.--There are transferred to the Department 
of Environmental Protection the following components of the National 
Ocean Service of the National Oceanic and Atmospheric Administration:
            (1) The components that carry out observation and 
        assessment and estuarine and coastal assessment programs.
            (2) The components that carry out coastal management, 
        including--
                    (A) the coastal zone management program;
                    (B) the estuarine reserve research system; and
                    (C) the coastal nonpoint pollution control program 
                under section 6217 of the Coastal Zone Act 
                Reauthorization Amendments of 1990 (16 U.S.C. 1455b).
    (b) Transfer of Functions.--The functions that, on the day before 
the date of the enactment of this Act, were performed by an individual 
in their capacity as an officer or employee of a component transferred 
by subsection (a) are transferred to the Secretary of the Environment.
    (c) Designation of Assistant Secretary and Delegation of 
Functions.--The Secretary of the Environment shall--
            (1) designate an Assistant Secretary of the Department of 
        Environmental Protection who shall be responsible for 
        administering the components transferred under subsection (a); 
        and
            (2) delegate to that Assistant Secretary the functions that 
        are transferred to the Secretary under subsection (b).
    (d) Advisory Committees.--There are transferred to the Department 
of Environmental Protection any advisory committee of the National 
Oceanic and Atmospheric Administration that gives advice or makes 
recommendations that primarily concern functions transferred by this 
section.

SEC. 4. TRANSFER OF PROPERTY, RECORDS, AND PERSONNEL.

    (a) Property and Records.--The contracts, liabilities, records, 
property, and other assets and interests of, or made available in 
connection with, the offices, components, and functions transferred by 
this Act to the Secretary of the Interior or the Secretary of the 
Environment are transferred to that Secretary for appropriate 
allocation.
    (b) Personnel.--
            (1) In general.--The personnel employed in connection with 
        the offices, components, and functions transferred by this Act 
        to the Secretary of the Interior or the Secretary of the 
        Environment are transferred to that Secretary for appropriate 
        allocation.
            (2) Effect.--Any full-time or part-time personnel employed 
        in permanent positions shall not, during the 1-year period 
        beginning on the date of the enactment of this Act, be 
        separated or reduced in grade or compensation because of any 
        transfer under this subsection.

SEC. 5. REFERENCES.

    Any reference in any other Federal law, Executive order, rule, 
regulation, or delegation of authority, or in any document of or 
pertaining to an office or component transferred by this Act to the 
Secretary of the Interior or the Secretary of the Environment--
            (1) to the Secretary of Commerce, the Under Secretary of 
        Commerce for Oceans and Atmosphere, or another officer of the 
        office or component, is deemed to refer to the Secretary of the 
        Interior or the Secretary of the Environment, as appropriate; 
        and
            (2) to the Department of Commerce, the National Oceanic and 
        Atmospheric Administration, or any office or component of that 
        Department or Administration is deemed to refer to the 
        Department of the Interior or the Department of Environmental 
        protection, as appropriate.

SEC. 6. SAVINGS PROVISIONS.

    (a) Legal Documents.--All orders, determinations, rules, 
regulations, permits, grants, loans, agreements, contracts, 
certificates, licenses, and privileges--
            (1) that have been issued, made, granted, or allowed to 
        become effective by the President, the Secretary of Commerce, 
        the Under Secretary of Commerce for Oceans and Atmosphere, any 
        officer or employee of an office or component transferred by 
        this Act, or any other Government official, or by a court of 
        competent jurisdiction, with respect to functions that are 
        transferred by this Act, and
            (2) that are in effect on the date of the enactment of this 
        Act (or become effective after such date pursuant to their 
        terms as in effect on such date),
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 of the Interior, the Secretary of the 
Environment, another authorized official, or a court of competent 
jurisdiction, or by operation of law.
    (b) Proceedings.--The provisions of this Act shall not affect any 
proceedings or any application for any benefits, service, license, 
permit, certificate, or financial assistance pending before an office 
or component transferred by this Act on the date of the enactment of 
this Act, but 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 proceeding 
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 shall 
be considered to prohibit 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.--The provisions of this Act shall not affect suits 
commenced before the date of the enactment 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 Secretary of Commerce or the Under 
Secretary of Commerce for Oceans and Atmosphere, or by or against any 
individual in the official capacity of such individual as an officer or 
employee of an office or component transferred by this Act, shall abate 
by reason of the enactment of this Act.
    (e) Continuance of Suits.--If, before the date of the enactment of 
this Act, any office or component or officer thereof in the official 
capacity of such officer, is party to a suit, and under this Act any 
function of such office, component, or officer is transferred to the 
Secretary of the Interior, the Secretary of the Environment, or any 
other official of the Department of the Interior or the Department of 
Environmental Protection, then such suit shall be continued with the 
Secretary of the Interior, the Secretary of the Environment, or another 
appropriate official of the Department of the Interior or the 
Department of Environmental Protection substituted or added as a party.

SEC. 7. DEFINITIONS.

    In this Act--
            (1) the term ``function'' includes any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, 
        or program; and
            (2) the term ``office'' includes any office, institute, 
        council, unit, organizational entity, or component thereof.

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