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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5270 Introduced in House (IH)]

<DOC>

114th CONGRESS
  2d Session
                                H. R. 5270

 To abolish the Marine Mammal Commission and transfer its functions to 
              the United States Fish and Wildlife Service.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2016

 Mr. Russell introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To abolish the Marine Mammal Commission and transfer its functions to 
              the United States Fish and Wildlife Service.

    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 ``Efficient Marine Mammal Protection 
Act''.

SEC. 2. ABOLISHMENT OF MARINE MAMMAL COMMISSION; TRANSFER OF FUNCTIONS.

    (a) Abolishment of Department.--The Marine Mammal Commission is 
abolished.
    (b) Transfer of Functions.--All functions that immediately before 
the effective date of this section are authorized to be performed by 
the Commission, by any officer or employee of the Commission acting in 
that capacity, or by any agency or office of the Commission, are 
transferred to the Director of the United States Fish and Wildlife 
Service.

SEC. 3. CONFORMING AND CLERICAL AMENDMENTS.

    (a) Marine Mammal Protection Act of 1972.--The Marine Mammal 
Protection Act of 1972 is amended--
            (1) in section (3) (16 U.S.C. 1362), by adding at the end 
        the following:
            ``(30) The term `Director' means the Director of the United 
        States Fish and Wildlife Service.'';
            (2) by striking ``Marine Mammal Commission'' each place it 
        appears and inserting ``Director of the United States Fish and 
        Wildlife Service'';
            (3) by striking ``Commission'' each place it appears in 
        reference to the Marine Mammal Commission and inserting 
        ``Director'';
            (4) by striking ``Chairman of the Marine Mammal 
        Commission'' each place it appears and inserting ``Director of 
        the United States Fish and Wildlife Service'';
            (5) by striking ``Chairman of the Commission'' each place 
        it appears and inserting ``Director of the United States Fish 
        and Wildlife Service'';
            (6) by striking ``Chairman'' each place it appears in 
        reference to the Chairman of the Marine Mammal Commission and 
        inserting ``Director'';
            (7) in section 104(l)(2) (16 U.S.C. 1383a(l)(2)), by 
        striking ``Chairman's'' and inserting ``Director's'';
            (8) in the heading for title II, by striking ``MARINE 
        MAMMAL COMMISSION'' and inserting ``UNITED STATES FISH AND 
        WILDLIFE SERVICE'';
            (9) by striking section 201 (16 U.S.C. 1401);
            (10) in the heading for section 202 (16 U.S.C. 1402), by 
        striking ``commission'' and inserting ``united states fish and 
        wildlife service'';
            (11) in the heading for section 206 (16 U.S.C. 1402), by 
        striking ``administration of commission'' and inserting 
        ``authorities of director of united states fish and wildlife 
        service''; and
            (12) in the table of contents in the first section--
                    (A) by striking the item relating to the title 
                enumerator and heading for title II and inserting the 
                following:

         ``TITLE II--UNITED STATES FISH AND WILDLIFE SERVICE'';

                    (B) by striking the item relating to section 201;
                    (C) by striking the item relating to section 202 
                and inserting the following:

``Sec. 202. Duties of United States Fish and Wildlife Service.'';
                and
                    (D) by striking the item relating to section 206 
                and inserting the following:

``Sec. 206. Authorities of Director of United States Fish and Wildlife 
                            Service.''.
    (b) Title 10, U.S.C.--Section 7524(a) of title 10, United States 
Code, is amended by striking ``Marine Mammal Commission'' and inserting 
``Director of the United States Fish and Wildlife Service''.
    (c) Whale Conservation and Protection Study Act.--Section 3 of the 
Whale Conservation and Protection Study Act (16 U.S.C. 917a) is amended 
by striking ``Marine Mammal Commission'' and inserting ``Director of 
the United States Fish and Wildlife Service''.
    (d) National Fish and Wildlife Foundation Establishment Act.--
Section 4(g) of the National Fish and Wildlife Foundation Establishment 
Act (16 U.S.C. 3703(g)) is amended by striking ``Marine Mammal 
Commission'' and inserting ``Director of the United States Fish and 
Wildlife Service''.

SEC. 4. REFERENCES.

    Any reference in any other Federal law, Executive order, rule, 
regulation, or delegation of authority, or any document of or 
pertaining to the Marine Mammal Commission to such Commission or an 
official of such Commission is deemed to refer to the Director of the 
United States Fish and Wildlife Service.

SEC. 5. EXERCISE OF AUTHORITIES.

    Except as otherwise provided by law, the Director of the United 
States Fish and Wildlife Service may, for purposes of performing a 
function is transferred by this Act, exercise all authorities under any 
other provision of law that were available with respect to the 
performance of that function to the Marine Mammal Commission.

SEC. 6. SAVINGS PROVISIONS.

    (a) Legal Documents.--All orders, determinations, rules, 
regulations, permits, grants, loans, contracts, agreements, 
certificates, licenses, and privileges--
            (1) that have been issued, made, granted, or allowed to 
        become effective by the President, the Marine Mammal 
        Commission, any officer or employee of any office such 
        Commission, or any other Government official, or by a court of 
        competent jurisdiction, 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 authorized 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 the Marine Mammal Commission, 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.--This Act shall not affect suits commenced 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 Marine Mammal Commission, or by or against 
any individual in the official capacity of such individual as an 
officer or employee of such Commission, shall abate by reason of the 
enactment of this Act.
    (e) Continuance of Suits.--If any Government officer 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, substituted or added as a party.
    (f) Administrative Procedure and Judicial Review.--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. 7. TRANSFER OF ASSETS.

    Except as otherwise provided in this Act, so much of the property, 
records, and unexpended balances of appropriations, allocations, and 
other funds employed, 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 
transferred.

SEC. 8. DELEGATION AND ASSIGNMENT.

    Except as otherwise expressly prohibited by law or otherwise 
provided in this Act, an official to whom functions 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 appropriate. 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. 9. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET 
              WITH RESPECT TO FUNCTIONS TRANSFERRED.

    (a) Determinations.--If necessary, the Director of the Office of 
Management and Budget shall make any determination of the functions 
that are transferred under this Act.
    (b) Incidental Transfers.--The Director of the Office of Management 
and Budget, 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, liabilities, grants, 
contracts, property, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds held, 
used, arising from, available to, or to be made available in connection 
with such functions, as may be necessary to carry out the provisions of 
this Act. The Director of the Office of Management and Budget shall 
provide for the termination of the affairs of all entities terminated 
by this Act and for such further measures and dispositions as may be 
necessary to effectuate the purposes of this Act.

SEC. 10. AVAILABILITY OF EXISTING FUNDS.

    Existing appropriations and funds available for the performance of 
functions, programs, and activities terminated pursuant to this Act 
shall remain available, for the duration of their period of 
availability, for necessary expenses in connection with the termination 
and resolution of such functions, programs, and activities.

SEC. 11. DEFINITIONS.

    For purposes of 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, 
        administration, agency, bureau, institute, council, unit, 
        organizational entity, or component thereof.
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