Efficient Marine Mammal Protection Act
This bill abolishes the Marine Mammal Commission and transfers to the U.S. Fish and Wildlife Service its functions, including its duties, obligations, powers, authorities, responsibilities, rights, privileges, activities, or programs.
[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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Federal Lands.
Referred to the Subcommittee on Water, Power and Oceans.
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