IB 
Union Calendar No. 648 
115TH CONGRESS 
2D SESSION 
H. R. 3916 
[Report No. 115–838] 
To amend the Endangered Species Act of 1973 to vest in the Secretary 
of the Interior functions under that Act with respect to species of 
fish that spawn in fresh or estuarine waters and migrate to ocean 
waters, and species of fish that spawn in ocean waters and migrate 
to fresh waters. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 3, 2017 
Mr. CALVERT (for himself, Mr. LAMALFA, Mr. SIMPSON, Mr. COSTA, and Mr. 
VALADAO) introduced the following bill; which was referred to the Com-
mittee on Natural Resources 
JULY 18, 2018 
Additional sponsors: Mrs. MCMORRIS RODGERS and Mr. MCCLINTOCK 
JULY 18, 2018 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on October 3, 2017] 
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A BILL 
To amend the Endangered Species Act of 1973 to vest 
in the Secretary of the Interior functions under that 
Act with respect to species of fish that spawn in fresh 
or estuarine waters and migrate to ocean waters, and 
species of fish that spawn in ocean waters and migrate 
to fresh waters. 
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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 ‘‘Federally Integrated 
Species Health Act’’ or the ‘‘FISH Act’’. 
SEC. 2. TRANSFER OF FUNCTIONS WITH RESPECT TO ANAD-
ROMOUS SPECIES AND CATADROMOUS SPE-
CIES. 
(a) TRANSFER OF FUNCTIONS.—All functions with re-
spect to anadromous species and catadromous species under 
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
that were vested in the Secretary of Commerce or the Na-
tional Marine Fisheries Service immediately before the en-
actment of this Act are transferred to the Secretary of the 
Interior. 
(b) CONFORMING
AMENDMENTS.—The Endangered 
Species Act of 1973 is amended— 
(1) in section 3(15) (16 U.S.C. 1532(15))— 
(A) by inserting ‘‘(A)’’ after ‘‘(15)’’; and 
(B) by adding at the end the following: 
‘‘(B) Notwithstanding subparagraph (A), with respect 
to anadromous species and catadromous species, the term 
‘Secretary’ means the Secretary of the Interior.’’; and 
(2) in section 3 (16 U.S.C. 1532) by adding at 
the end the following: 
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‘‘(22) The term ‘anadromous species’ means a species 
of fish that spawn in fresh or estuarine waters and that 
migrate to ocean waters. 
‘‘(23) The term ‘catadromous species’ means a species 
of fish that spawn in ocean waters and migrate to fresh 
waters.’’. 
SEC. 3. MISCELLANEOUS PROVISIONS. 
(a) REFERENCES.—Any reference in any other Federal 
law, Executive order, rule, regulation, or delegation of au-
thority, or any document of or pertaining to a department 
or office from which a function is transferred by this Act— 
(1) to the head of such department or office is 
deemed to refer to the Secretary of the Interior; or 
(2) to such department or office is deemed to 
refer to the Department of the Interior. 
(b) EXERCISE OF AUTHORITIES.—Except as otherwise 
provided by law, the Secretary of the Interior may, for pur-
poses of performing the functions transferred by this Act, 
exercise all authorities under the Endangered Species Act 
of 1973 that were available with respect to the performance 
of that function immediately before the effective date of the 
transfer of the function under this Act. 
(c) SAVINGS PROVISIONS.— 
(1) LEGAL DOCUMENTS.—All orders, determina-
tions, rules, regulations, permits, grants, loans, con-
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tracts, agreements, certificates, licenses, and privi-
leges— 
(A) that have been issued, made, granted, or 
allowed to become effective by the Secretary of 
Commerce, any officer or employee of the De-
partment of Commerce, or any other Government 
official in the performance of any function that 
is transferred by this Act, or by a court of com-
petent jurisdiction with respect to such perform-
ance; and 
(B) that are in effect on the effective date of 
this Act (or become effective after such date pur-
suant 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. 
(2) PROCEEDINGS.— 
(A) IN GENERAL.—This Act shall not affect 
any proceedings or any application for any ben-
efits, service, license, permit, certificate, or fi-
nancial assistance pending on the date of the en-
actment of this Act before an office transferred 
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by this Act. 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 con-
tinue in effect until modified, terminated, super-
seded, or revoked by a duly authorized official, 
by a court of competent jurisdiction, or by oper-
ation of law. 
(B) LIMITATION.—Nothing in this para-
graph shall be considered to prohibit the dis-
continuance or modification of any such pro-
ceeding 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. 
(3) 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. 
(4) NONABATEMENT OF ACTIONS.—No suit, ac-
tion, or other proceeding commenced by or against the 
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Department of Commerce or the Secretary of Com-
merce, or by or against any individual in the official 
capacity of such individual as an officer or employee 
of the Department of Commerce, shall abate by reason 
of the enactment of this Act. 
(5) CONTINUANCE
OF
SUITS.—If any Govern-
ment officer in the official capacity of such officer is 
party to a suit with respect to a function of the offi-
cer, 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. 
(6) ADMINISTRATIVE PROCEDURE AND JUDICIAL 
REVIEW.—Except as otherwise provided by this Act, 
any statutory requirements relating to notice, hear-
ings, action upon the record, or administrative or ju-
dicial 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. 4. DEFINITIONS. 
For purposes of this Act: 
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(1) ANADROMOUS SPECIES AND CATADROMOUS 
SPECIES.—Each of the terms ‘‘anadromous species’’ 
and ‘‘catadromous species’’ has the meaning that term 
has under section 3 of the Endangered Species Act of 
1973, as amended by section 2 of this Act. 
(2) FUNCTION.—The term ‘‘function’’ includes 
any duty, obligation, power, authority, responsibility, 
right, privilege, activity, or program. 
(3) OFFICE.—The term ‘‘office’’ includes any of-
fice, administration, agency, bureau, institute, coun-
cil, unit, organizational entity, or component thereof. 
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Union Calendar No. 648 
115TH CONGRESS 
2D SESSION 
H. R. 3916 
[Report No. 115–838] 
A BILL 
To amend the Endangered Species Act of 1973 to 
vest in the Secretary of the Interior functions 
under that Act with respect to species of fish 
that spawn in fresh or estuarine waters and mi-
grate to ocean waters, and species of fish that 
spawn in ocean waters and migrate to fresh 
waters. 
JULY 18, 2018 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
01:38 Jul 19, 2018
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