[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.
                                 <all>