[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 936 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 936
To authorize the Secretary of Commerce to identify, declare, and
respond to marine disease emergencies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 12, 2015
Mr. Heck of Washington (for himself, Mr. Huffman, Mrs. Capps, Mr.
Jolly, Mr. Murphy of Florida, Mr. Pallone, Mr. Blumenauer, Ms. DelBene,
Mr. Larsen of Washington, Mr. Kilmer, Mr. McDermott, and Mr. Smith of
Washington) introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on
Agriculture, 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 authorize the Secretary of Commerce to identify, declare, and
respond to marine disease emergencies, and for other purposes.
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 ``Marine Disease Emergency Act of
2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coordinator.--The term ``coordinator'' means an
individual designated under section 3(d) to coordinate the
response to a marine disease emergency.
(2) Data repository.--The term ``Data Repository'' means
the National Data Repository for Marine Diseases Research and
Services established under section 6.
(3) Exclusive economic zone.--The term ``exclusive economic
zone'' means the exclusive economic zone of the United States
established by Presidential Proclamation No. 5030, of March 10,
1983.
(4) Fund.--The term ``Fund'' means the Marine Disease
Emergency Fund established under section 5.
(5) Marine disease.--The term ``marine disease'' means a
pathological condition that--
(A) occurs in a population of marine species; and
(B) appears to be caused by an infectious or
noninfectious biological agent.
(6) Marine disease emergency.--The term ``marine disease
emergency'' means an event that--
(A) affects the marine environment;
(B) is caused by a marine disease or environmental
stressor;
(C) is likely to threaten the sustainability of a
marine species or the health of a marine ecosystem; and
(D) is likely to expand in geographic scope.
(7) Marine environment.--The term ``marine environment''
means those areas of coastal, ocean, and estuarine waters over
which the United States has jurisdiction, including the
exclusive economic zone, consistent with international law.
(8) Marine species.--The term ``marine species''--
(A) except as provided in subparagraph (B), means
marine reptiles, finfish, mollusks, and crustaceans,
and all other forms of marine animal and plant life;
and
(B) does not include aquacultured animals of any
species, marine mammals, and birds.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Commerce acting through the Administrator of the National
Oceanic and Atmospheric Administration.
(10) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, American Samoa, the United States Virgin Islands, Guam,
and any other Commonwealth, territory, or possession of the
United States, and each federally recognized Indian tribe.
(11) Working group.--The term ``Working Group'' means the
Marine Disease Emergency Working Group established under
section 4.
SEC. 3. DECLARATION OF MARINE DISEASE EMERGENCY AND RESPONSE.
(a) In General.--The Secretary may declare a marine disease
emergency in accordance with subsection (b).
(b) Declaration Procedure.--After receiving notice that a marine
disease emergency may be occurring, the Secretary shall, to the extent
practicable--
(1) not later than 24 hours after receiving such notice,
contact members of the Working Group for guidance on whether
the event is a marine disease emergency; and
(2) not later than 7 days after receiving such notice,
declare whether the event is a marine disease emergency.
(c) Effect of Declaration.--
(1) Powers of secretary.--Upon declaring a marine disease
emergency under this section, and subject to the availability
of appropriations, the Secretary may take such actions as may
be appropriate to respond to the emergency, including making
grants, providing awards for expenses, entering into contracts
and conducting and supporting investigations into the cause,
treatment, or prevention of the emergency.
(2) Response activities.--As soon as possible after
declaring a marine disease emergency, the Secretary shall carry
out the activities described in subsections (d) and (e) with
respect to the emergency.
(d) Designation of Coordinator.--
(1) In general.--The Secretary shall designate an
individual to coordinate the response to each marine disease
emergency declared under this section.
(2) Duties of coordinator.--The coordinator, under the
supervision of the Secretary, shall lead a response to the
emergency that may include Federal, State, regional, and local
agencies, nongovernmental organizations, and other persons as
appropriate.
(3) Coordinator assistants.--The Secretary may designate
one or more individuals to assist the coordinator in carrying
out the duties described in paragraph (2).
(e) Development of Response Plan.--
(1) In general.--Not later than 28 days after declaring a
marine disease emergency under this section the Secretary
shall, in consultation with the Task Force, develop a written
response plan for such emergency based on sound science.
(2) Contents.--The plan described in paragraph (1) shall
include, at minimum--
(A) a list of persons at appropriate Federal,
regional, State, and local agencies who can assist the
Secretary in implementing a coordinated and effective
response to the marine disease emergency;
(B) a description of the steps necessary to
diagnose the cause of the marine disease emergency;
(C) training, mobilization, and utilization
procedures for personnel, facilities, and other
resources necessary to conduct a rapid and effective
response to the marine disease emergency;
(D) an assessment of the potential effects of the
marine disease emergency on populations of marine
species;
(E) strategies to minimize morbidity and mortality
in marine species and minimize transmission of the
disease; and
(F) provisions to protect other populations of
aquacultured animals, plants, marine mammals, and birds
that could be directly or indirectly impacted by the
marine disease emergency or response actions.
(3) Publication.--Not later than 21 days after declaring a
marine disease emergency under this section the Secretary shall
publish a summary of the plan on a publicly accessible Internet
website of the National Oceanic and Atmospheric Administration.
(f) Termination of Marine Disease Emergency.--
(1) In general.--A marine disease emergency declared under
this section shall terminate on the date on which the Secretary
declares that the emergency no longer exists, or upon the
expiration of the 120-day period beginning on the date on which
such declaration is made by the Secretary, whichever occurs
first.
(2) Renewal of declaration.--A declaration that terminates
under paragraph (1) may be renewed by the Secretary. The time
limitations in paragraph (1) shall apply with respect to each
such renewal.
(g) Report.--Not later than 90 days after the termination of a
marine disease emergency declared under this section, the Secretary
shall--
(1) submit to Congress a report describing--
(A) the presumptive cause and environmental impact
of the marine disease emergency;
(B) the response to the marine disease emergency
and recommendations, if any, for improving responses to
future marine disease emergencies; and
(C) recommendations, if any, for preventing future
marine disease emergencies; and
(2) publish the report on a publicly accessible Internet
website of the National Oceanic and Atmospheric Administration.
SEC. 4. MARINE DISEASE EMERGENCY WORKING GROUP.
(a) Establishment.--There is established in the National Oceanic
and Atmospheric Administration a working group to be known as the
``Marine Disease Emergency Working Group''.
(b) Duties.--The Working Group shall--
(1) advise the Secretary on risk assessment, preparation,
monitoring, research, and response to marine diseases that may
significantly impact the health and sustainability of marine
species and ecosystems;
(2) advise the Secretary in determining whether a marine
disease emergency should be declared or terminated;
(3) assist the Secretary in drafting response plans under
section 3(e);
(4) assist the Secretary in drafting reports under section
3(g); and
(5) consult with the Director of the Data Repository
established under section 6 to ensure the quality and
availability of the data contained therein.
(c) Membership.--
(1) Composition.--Subject to paragraph (3), the Working
Group shall be composed of 7 members as follows:
(A) The Secretary or the Secretary's designee.
(B) The Administrator of the United States Animal
and Plant Health Inspection Service or the
Administrator's designee.
(C) The Director of the United States Fish and
Wildlife Service or the Director's designee.
(D) The Director of the United States Geological
Survey or the Director's designee.
(E) 3 members, appointed by the President, who have
specialized knowledge and expertise in--
(i) marine animal and plant health, marine
animal and plant disease assessments, and
responding to disease outbreaks or ecological
disasters; and
(ii) marine veterinary science,
bacteriology, virology or immunology,
histopathology, genetics, epidemiology,
ecology, or microbiology.
(2) Limitation.--A member appointed under paragraph (1)(E)
shall not be an employee of an agency (as defined in section
551 of title 5, United States Code). If any such member becomes
an employee of an agency, that member may continue as a member
for not longer than the 30-day period beginning on the date the
member becomes an employee of an agency.
(3) Temporary members.--The Secretary may appoint
additional members to the Working Group to serve during a
marine disease emergency declared under section 3.
(4) Terms.--
(A) Non-agency members.--Each member appointed
under paragraph (1)(E) shall be appointed for a term of
2 years and may be reappointed thereafter by the
President.
(B) Temporary members.--The term of each member
appointed under paragraph (3) shall expire 90 days
after the date on which the marine disease emergency
for which that member was appointed is terminated under
section 3(f).
(5) Vacancies.--A vacancy in the Working Group shall be
filled in the manner in which the original appointment was
made.
(6) Prohibition on compensation of federal employees.--
Members of the Working Group who are full-time officers or
employees of the United States may not receive additional pay,
allowances, or benefits by reason of their service on the
Working Group.
(7) Travel expenses.--Subject to the availability of
appropriations, each member of the Working Group shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(8) Chairperson.--The Secretary, or a designee of the
Secretary, shall be the Chairperson of the Working Group.
(9) Meetings.--The Secretary shall convene the Working
Group not later than 30 days after the date of the enactment of
this Act. Thereafter, the Working Group shall meet not less
than annually and may also meet at the call of the Chairperson
or a majority of its members.
(d) Staffing and Assistance.--The Secretary shall make available to
the Working Group any staff, information, administrative services, or
assistance the Secretary considers reasonably required to enable the
Working Group to carry out its duties.
(e) Termination.--Section 14 of the Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply with respect to the Working Group.
SEC. 5. ESTABLISHMENT OF MARINE DISEASE EMERGENCY FUND.
(a) Establishment.--There is established in the Treasury a fund to
be known as the ``Marine Disease Emergency Fund'', which shall be
administered by the Secretary. Amounts in the Fund shall be made
available without fiscal year limitation, and subject to
appropriations, to carry out this Act.
(b) Amounts.--The Fund shall consist of--
(1) amounts appropriated to the Fund; and
(2) amounts received by the Secretary as donations, gifts,
or contributions for the purpose of addressing marine disease
emergencies.
(c) Use of Fund.--Amounts in the Fund shall be used only to respond
to a marine disease emergency declared under section 3.
(d) Supplement Not Supplant.--Amounts from the Fund shall be used
to supplement and not supplant other Federal, State, regional, and
local public funds provided for activities under this Act.
SEC. 6. NATIONAL DATA REPOSITORY FOR MARINE DISEASES RESEARCH AND
SERVICES.
(a) In General.--The Secretary shall establish a National Data
Repository for Marine Diseases Research and Services. Subject to the
availability of appropriations, the Secretary shall enter into a
contract with an entity eligible under subsection (c) to develop and
administer such repository.
(b) Purpose.--The purpose of the Data Repository shall be to--
(1) collect, store, and disseminate information regarding
research, data, findings, and technical assistance materials
related to marine diseases;
(2) facilitate the development, coordination, and rapid
dissemination of research on marine diseases; and
(3) collect epidemiological, environmental impact,
timeline, global positioning system registered location, and
ecological consequence data regarding marine diseases, linking
different datasets across the country to assist researchers in
developing strategies for addressing marine diseases.
(c) Eligibility.--To be eligible for the contract under subsection
(a), an entity shall--
(1) be a public or private nonprofit entity;
(2) have experience--
(A) collecting data;
(B) developing systems to store data in a secure
manner;
(C) developing Internet web portals and other means
of communicating with a wide audience; and
(D) making information available to the public; and
(3) meet such other criteria as the Secretary considers
appropriate.
(d) Data Repository Director.--As a condition of receiving the
contract under subsection (a), an entity shall agree to employ a
director of the Data Repository chosen in accordance with guidance
issued by the Secretary. The Director, in consultation with the
Secretary and Working Group, shall--
(1) collect information and research methodologies from
individuals, agencies, and organizations engaged in the
research of marine diseases;
(2) ensure research methods are standardized whenever
possible to ensure data comparability across regions;
(3) securely store and maintain information in the Data
Repository;
(4) make information in the Data Repository accessible
through an Internet website or other appropriate means of
sharing information; and
(5) ensure that the information contained in the Data
Repository is accessible to members of the public, marine
disease researchers, and persons responding to marine disease
emergencies.
SEC. 7. MARINE DISEASE EMERGENCY FOR SEA STAR WASTING SYNDROME.
(a) In General.--The marine mortality event affecting species of
sea stars commonly referred to as ``sea star wasting syndrome'' is
deemed to be a marine disease emergency declared by the Secretary under
section 3. Beginning on the effective date of this section, the
Secretary shall immediately carry out the activities described in
subsections (d) and (e) of section 3 with respect to such marine
disease emergency.
(b) Effective Date.--This section shall take effect on the date
that is 180 days after the date of the enactment of this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$15,000,000 for each of the fiscal years 2016 through 2021.
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