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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Weather and Oceans 
Resources Realignment Act’’.
SEC. 2. TRANSFER OF NATIONAL OCEANIC AND ATMOS-
PHERIC ADMINISTRATION TO DEPARTMENT 
OF THE INTERIOR. 
(a) TRANSFER OF ADMINISTRATION.—The National 
Oceanic and Atmospheric Administration is transferred to 
the Department of the Interior. 
(b) TRANSFER OF FUNCTIONS.—All functions that 
are authorized to be performed by the National Oceanic 
and Atmospheric Administration immediately before the 
enactment of this Act are transferred to the Secretary of 
the Interior. 
(c) MAINTENANCE AS SEPARATE ENTITY.—The Na-
tional Oceanic and Atmospheric Administration, including 
all functions of the Secretary of the Interior relating there-
to, shall be maintained as a distinct entity in the Depart-
ment of the Interior. 
SEC. 3. REFERENCES. 
Any reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any 
document of or pertaining to the National Oceanic and 
Atmospheric Administration, any agency or other compo-
nent of such administration, or a function performed by 
such administration immediately before the enactment of 
this Act—
(1) to the Secretary of Commerce or another of-
ficer of the Department of Commerce is deemed to 
refer to the Secretary of the Interior; or 
(2) to the Department of Commerce is deemed 
to refer to the Department of the Interior. 
SEC. 4. EXERCISE OF AUTHORITIES. 
Except as otherwise provided by law, a Federal offi-
cial to whom a function is transferred by this Act may, 
for purposes of performing the function, exercise all au-
thorities under any other provision of law that were avail-
able with respect to the performance of that function to 
the official responsible for the performance of the function 
immediately before the effective date of the transfer of the 
function under this Act. 
SEC. 5. SAVINGS PROVISIONS. 
(a) LEGAL DOCUMENTS.—All orders, determinations, 
rules, regulations, permits, grants, loans, contracts, agree-
ments, certificates, licenses, and privileges— 
(1) that have been issued, made, granted, or al-
lowed to become effective by the President, the Sec-
retary of Commerce, any officer or employee of any 
office transferred by this Act, or any other Govern-
ment official, or by a court of competent jurisdic-
tion, in the performance of any function that is 
transferred by this Act, and
(2) that are in effect on the effective date of 
such transfer (or become effective after such date 
pursuant to their terms as in effect on such effective 
date), 
shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or revoked in 
accordance with law by the President, any other author-
ized official, a court of competent jurisdiction, or operation 
of law. 
(b) PROCEEDINGS.—This Act shall not affect any 
proceedings or any application for any benefits, service, 
license, permit, certificate, or financial assistance pending 
on the date of the enactment of this Act before an office 
transferred by this Act, but such proceedings and applica-
tions shall be continued. Orders shall be issued in such 
proceedings, appeals shall be taken therefrom, and pay-
ments 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, termi-
nated, 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 pro-
hibit the discontinuance or modification of any such pro-
ceeding under the same terms and conditions and to the
same extent that such proceeding could have been discon-
tinued or modified if this Act had not been enacted. 
(c) SUITS.—This Act shall not affect suits com-
menced before the date of the enactment of this Act, and 
in all such suits, proceeding 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 Depart-
ment of Commerce or the Secretary of Commerce, or by 
or against any individual in the official capacity of such 
individual as an officer or employee of an office trans-
ferred by this Act, shall abate by reason of the enactment 
of this Act. 
(e) CONTINUANCE OF SUITS.—If any Government of-
ficer in the official capacity of such officer is party to a 
suit with respect to a function of the officer, and under 
this Act such function is transferred to any other officer 
or office, then such suit shall be continued with the other 
officer or the head of such other office, as applicable, sub-
stituted or added as a party. 
(f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE-
VIEW.—Except as otherwise provided by this Act, any 
statutory requirements relating to notice, hearings, action 
upon the record, or administrative or judicial review that
apply to any function transferred by this Act shall apply 
to the exercise of such function by the head of the Federal 
agency, and other officers of the agency, to which such 
function is transferred by this Act. 
SEC. 6. TRANSFER OF ASSETS. 
Except as otherwise provided in this Act, so much 
of the personnel, property, records, and unexpended bal-
ances of appropriations, allocations, and other funds em-
ployed, used, held, available, or to be made available in 
connection with a function transferred to an official or 
agency by this Act shall be available to the official or the 
head of that agency, respectively, at such time or times 
as the Director of the Office of Management and Budget 
directs for use in connection with the functions trans-
ferred. 
SEC. 7. DELEGATION AND ASSIGNMENT. 
Except as otherwise expressly prohibited by law or 
otherwise provided in this Act, an official to whom func-
tions are transferred under this Act (including the head 
of any office to which functions are transferred under this 
Act) may delegate any of the functions so transferred to 
such officers and employees of the office of the official as 
the official may designate, and may authorize successive 
redelegations of such functions as may be necessary or ap-
propriate. No delegation of functions under this section
or under any other provision of this Act shall relieve the 
official to whom a function is transferred under this Act 
of responsibility for the administration of the function. 
SEC. 8. AUTHORITY OF DIRECTOR OF THE OFFICE OF MAN-
AGEMENT AND BUDGET WITH RESPECT TO 
FUNCTIONS TRANSFERRED. 
(a) DETERMINATIONS.—If necessary, the Director 
shall make any determination of the functions that are 
transferred under this Act. 
(b) INCIDENTAL TRANSFERS.—The Director, at such 
time or times as the Director shall provide, may make 
such determinations as may be necessary with regard to 
the functions transferred by this Act, and to make such 
additional incidental dispositions of personnel, assets, li-
abilities, grants, contracts, property, records, and unex-
pended balances of appropriations, authorizations, alloca-
tions, and other funds held, used, arising from, available 
to, or to be made available in connection with such func-
tions, as may be necessary to carry out the provisions of 
this Act. The Director shall provide for such further meas-
ures and dispositions as may be necessary to effectuate 
the purposes of this Act. 
SEC. 9. DEFINITIONS. 
For purposes of this Act—
(1) the term ‘‘function’’ includes any duty, obli-
gation, power, authority, responsibility, right, privi-
lege, activity, or program; and 
(2) the term ‘‘office’’ includes any office, ad-
ministration, agency, bureau, institute, council, unit, 
organizational entity, or component thereof. 
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