,i #aadth ,,congress #b;d ,session ,h4 ,r4 #ebgj ,,in ,,the ,,house ,,of ,,representatives ,may #ag1 #bjaf ,mr4 ,russell introduced the following bill2 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 ,service4 #a4 ,short title ,this ,act may be cited as the ,efficient ,marine ,mammal ,protection ,act4 #b4 ,abolishment of ,marine ,mammal ,commission2 transfer of functions 7a7 ,abolishment of ,department ,the ,marine ,mammal ,commission is abolished4 7b7 ,transfer of functions ,all functions that immediately before the effective date of this section are authorized to be performed by the ,commission1 by any officer or employee of the ,commission acting in that capacity1 or by any agency or office of the ,commission1 are transferred to the ,director of the ,united ,states ,fish and ,wildlife ,service4 #c4 ,conforming and clerical amendments 7a7 ,marine ,mammal ,protection ,act of #aigb ,the ,marine ,mammal ,protection ,act of #aigb is amended-- 7#a7 in section 7#c7 7#af ,u4,s4,c4 #acfb71 by adding at the end the following3 7#cj7 ,the term ,director means the ,director of the ,united ,states ,fish and ,wildlife ,service4 2 7#b7 by striking ,marine ,mammal ,commission each place it appears and inserting ,director of the ,united ,states ,fish and ,wildlife ,service2 7#c7 by striking ,commission each place it appears in reference to the ,marine ,mammal ,commission and inserting ,director2 7#d7 by striking ,chairman of the ,marine ,mammal ,commission each place it appears and inserting ,director of the ,united ,states ,fish and ,wildlife ,service2 7#e7 by striking ,chairman of the ,commission each place it appears and inserting ,director of the ,united ,states ,fish and ,wildlife ,service2 7#f7 by striking ,chairman each place it appears in reference to the ,chairman of the ,marine ,mammal ,commission and inserting ,director2 7#g7 in section #ajd7l77#b7 7#af ,u4,s4,c4 #achc;a7l77#b771 by striking ,chairman's and inserting ,director's2 7#h7 in the heading for title ,,ii1 by striking ,marine ,mammal ,commission and inserting ,united ,states ,fish and ,wildlife ,service2 7#i7 by striking section #bja 7#af ,u4,s4,c4 #adja72 7#aj7 in the heading for section #bjb 7#af ,u4,s4,c4 #adjb71 by striking ,commission and inserting ,united ,states ,fish and ,wildlife ,service2 7#aa7 in the heading for section #bjf 7#af ,u4,s4,c4 #adjb71 by striking ,administration of ,commission and inserting ,authorities of ,director of ,united ,states ,fish and ,wildlife ,service2 and 7#ab7 in the table of contents in the first section-- 7,a7 by striking the item relating to the title enumerator and heading for title ,,ii and inserting the following3 ,title ,,ii--,united ,states ,fish and ,wildlife ,service 2 7,b7 by striking the item relating to section #bja2 7,c7 by striking the item relating to section #bjb and inserting the following3 ,sec4 #bjb4 ,duties of ,united ,states ,fish and ,wildlife ,service4 2 and 7,d7 by striking the item relating to section #bjf and inserting the following3 ,sec4 #bjf4 ,authorities of ,director of ,united ,states ,fish and ,wildlife ,service4 4 7b7 ,title #aj1 ,u4,s4,c ,section #gebd7;a7 of title #aj1 ,united ,states ,code1 is amended by striking ,marine ,mammal ,commission and inserting ,director of the ,united ,states ,fish and ,wildlife ,service4 7c7 ,whale ,conservation and ,protection ,study ,act ,section #c of the ,whale ,conservation and ,protection ,study ,act 7#af ,u4,s4,c4 #iag;a7 is amended by striking ,marine ,mammal ,commission and inserting ,director of the ,united ,states ,fish and ,wildlife ,service4 7d7 ,national ,fish and ,wildlife ,foundation ,establishment ,act ,section #d7;g7 of the ,national ,fish and ,wildlife ,foundation ,establishment ,act 7#af ,u4,s4,c4 #cgjc7;g77 is amended by striking ,marine ,mammal ,commission and inserting ,director of the ,united ,states ,fish and ,wildlife ,service4 #d4 ,references ,any reference in any other ,federal law1 ,executive order1 rule1 regulation1 or delegation of authority1 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 ,service4 #e4 ,exercise of authorities ,except as otherwise provided by law1 the ,director of the ,united ,states ,fish and ,wildlife ,service may1 for purposes of performing a function is transferred by this ,act1 exercise all authorities under any other provision of law that were available with respect to the performance of that function to the ,marine ,mammal ,commission4 #f4 ,savings provisions 7a7 ,legal ,documents ,all orders1 determinations1 rules1 regulations1 permits1 grants1 loans1 contracts1 agreements1 certificates1 licenses1 and privileges-- 7#a7 that have been issued1 made1 granted1 or allowed to become effective by the ,president1 the ,marine ,mammal ,commission1 any officer or employee of any office such ,commission1 or any other ,government official1 or by a court of competent jurisdiction1 in the performance of any function that is transferred by this ,act1 and 7#b7 that are in effect on the effective date of such transfer 7or become effective after such date pursuant to their terms as in effect on such effective date71 shall continue in effect according to their terms until modified1 terminated1 superseded1 set aside1 or revoked in accordance with law by the ,president1 any other authorized official1 a court of competent jurisdiction1 or operation of law4 7b7 ,proceedings ,this ,act shall not affect any proceedings or any application for any benefits1 service1 license1 permit1 certificate1 or financial assistance pending on the date of the enactment of this ,act before the ,marine ,mammal ,commission1 but such proceedings and applications shall be continued4 ,orders shall be issued in such proceedings1 appeals shall be taken therefrom1 and payments shall be made pursuant to such orders1 as if this ,act had not been enacted1 and orders issued in any such proceeding shall continue in effect until modified1 terminated1 superseded1 or revoked by a duly authorized official1 by a court of competent jurisdiction1 or by operation of law4 ,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 enacted4 7c7 ,suits ,this ,act shall not affect suits commenced before the date of the enactment of this ,act1 and in all such suits1 proceeding shall be had1 appeals taken1 and judgments rendered in the same manner and with the same effect as if this ,act had not been enacted4 7d7 ,nonabatement of ,actions ,no suit1 action1 or other proceeding commenced by or against the ,marine ,mammal ,commission1 or by or against any individual in the official capacity of such individual as an officer or employee of such ,commission1 shall abate by reason of the enactment of this ,act4 7e7 ,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 officer1 and under this ,act such function is transferred to any other officer or office1 then such suit shall be continued with the other officer or the head of such other office1 as applicable1 substituted or added as a party4 7f7 ,administrative ,procedure and ,judicial ,review ,except as otherwise provided by this ,act1 any statutory requirements relating to notice1 hearings1 action upon the record1 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 agency1 and other officers of the agency1 to which such function is transferred by this ,act4 #g4 ,transfer of assets ,except as otherwise provided in this ,act1 so much of the property1 records1 and unexpended balances of appropriations1 allocations1 and other funds employed1 used1 held1 available1 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 agency1 respectively1 at such time or times as the ,director of the ,office of ,management and ,budget directs for use in connection with the functions transferred4 #h4 ,delegation and assignment ,except as otherwise expressly prohibited by law or otherwise provided in this ,act1 an official to whom functions are transferred under this ,act 7including the head of any office to which functions are transferred under this ,act7 may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate1 and may authorize successive redelegations of such functions as may be necessary or appropriate4 ,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 function4 #i4 ,authority of ,director of the ,office of ,management and ,budget with respect to functions transferred 7a7 ,determinations ,if necessary1 the ,director of the ,office of ,management and ,budget shall make any determination of the functions that are transferred under this ,act4 7b7 ,incidental ,transfers ,the ,director of the ,office of ,management and ,budget1 at such time or times as the ,director shall provide1 may make such determinations as may be necessary with regard to the functions transferred by this ,act1 and to make such additional incidental dispositions of personnel1 assets1 liabilities1 grants1 contracts1 property1 records1 and unexpended balances of appropriations1 authorizations1 allocations1 and other funds held1 used1 arising from1 available to1 or to be made available in connection with such functions1 as may be necessary to carry out the provisions of this ,act4 ,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 ,act4 #aj4 ,availability of existing funds ,existing appropriations and funds available for the performance of functions1 programs1 and activities terminated pursuant to this ,act shall remain available1 for the duration of their period of availability1 for necessary expenses in connection with the termination and resolution of such functions1 programs1 and activities4 #aa4 ,definitions ,for purposes of this ,act-- 7#a7 the term function includes any duty1 obligation1 power1 authority1 responsibility1 right1 privilege1 activity1 or program2 and 7#b7 the term office includes any office1 administration1 agency1 bureau1 institute1 council1 unit1 organizational entity1 or component thereof4