[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4432 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4432

To require the Secretary of Commerce to establish the Sea Turtle Rescue 
                       Assistance Grant Program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 16, 2022

Mr. Markey (for himself and Mr. Cornyn) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Commerce to establish the Sea Turtle Rescue 
                       Assistance Grant Program.

    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 ``Sea Turtle Rescue Assistance Act of 
2022''.

SEC. 2. SEA TURTLE RESCUE ASSISTANCE GRANT PROGRAM.

    (a) Establishment.--The Secretary shall establish a grant program 
to be known as the ``Sea Turtle Rescue Assistance Grant Program'', to 
encourage and facilitate coordinated rapid response and rescue by 
awarding grants for the purposes described in subsection (c).
    (b) Designation of Stranding Regions.--The Secretary shall 
designate geographic regions of the United States as stranding regions 
for the purposes of carrying out this section.
    (c) Purposes.--The purposes of the Program are to provide for--
            (1) the recovery, short- or long-term care, transportation, 
        and treatment of stranded marine turtles;
            (2) the release of rescued and recovered marine turtles;
            (3) the collection of data and samples from stranded marine 
        turtles for scientific research or assessments regarding marine 
        turtle health, including tagging information; and
            (4) facility operation costs that are directly related to 
        activities described in paragraphs (1), (2), and (3).
    (d) Equitable Distribution of Funds.--The Secretary shall ensure, 
to the extent practicable, that funds awarded under this section are 
distributed equitably among stranding regions, taking into account--
            (1) the number of stranding events that occurred in each 
        stranding region in the preceding 5 years;
            (2) region-specific factors that increase risks of marine 
        turtle stranding events; and
            (3) the conservation priorities and recovery needs of 
        species of marine turtles that are threatened or endangered 
        under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.).
    (e) Application.--An applicant for a grant under this section shall 
submit an application in such form and manner as the Secretary shall 
prescribe.
    (f) Grant Criteria.--
            (1) Development of criteria.--The Secretary shall, in 
        consultation with the Director of the United States Fish and 
        Wildlife Service, develop criteria for awarding grants under 
        this section and provide such criteria for formal public notice 
        and comment.
            (2) Stakeholder engagement.--As part of the process for 
        developing and finalizing criteria under paragraph (1), the 
        Secretary shall, in consultation with the Director of the 
        United States Fish and Wildlife Service, provide opportunities 
        for engagement with representatives from stranding regions and 
        representatives of public and private organizations with an 
        established record in rescue, rehabilitation, and release, as 
        well as related scientific research, marine conservation, and 
        forensic science, with respect to stranded marine turtles.
            (3) Required criteria.--The criteria developed under 
        paragraph (1) shall prioritize applicants with an established 
        record of rescuing, rehabilitation, scientific research, and 
        forensic science with respect to stranded marine turtles or 
        conducting scientific research and forensic science on stranded 
        marine turtles.
    (g) Acceptance of Donations.--For the purposes of carrying out this 
section, the Secretary may solicit, accept, receive, hold, administer, 
and use gifts, devises, and bequests without any further approval or 
administrative action.
    (h) Liability Waiver .--
            (1) In general.--A person who is acting under the authority 
        of an entity awarded a grant under this section is deemed to be 
        an employee of the government for purposes of chapter 171 of 
        title 28, United States Code, with respect to actions of the 
        person that--
                    (A) are in support of rescue efforts;
                    (B) are in accordance with the purposes of 
                subsection (c); and
                    (C) reflect sound professional judgment and are 
                consistent with the directions of any on-site 
                coordinator or incident commander.
            (2) Limitation.--Paragraph (1) does not apply to actions of 
        a person described in that paragraph that are grossly negligent 
        or that constitute willful misconduct.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $5,000,000 for 
each of fiscal years 2023 through 2028 to remain available until 
expended.
    (j) Definitions.--In this section:
            (1) Marine turtle.--The term ``marine turtle'' means any 
        member of the family Cheloniidae or Dermochelyidae.
            (2) Program.--The term ``Program'' means the Sea Turtle 
        Rescue Assistance Grant Program established under subsection 
        (a).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (4) Stranding.--The term ``stranding'' means an event in 
        which--
                    (A) a marine turtle is dead and is--
                            (i) on a beach or shore of the United 
                        States; or
                            (ii) in waters under the jurisdiction of 
                        the United States (including any navigable 
                        waters); or
                    (B) a marine turtle is alive and is--
                            (i) on a beach or shore of the United 
                        States and unable to return to the water;
                            (ii) on a beach or shore of the United 
                        States and in need of medical attention; or
                            (iii) in the waters under the jurisdiction 
                        of the United States (including any navigable 
                        waters), and in need of medical attention or 
                        other necessary intervention to aid its 
                        likelihood of survival.
            (5) Stranding region.--The term ``stranding region'' means 
        a geographic region designated by the Secretary under 
        subsection (b).
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