I 

113TH CONGRESS 

2D SESSION H. R. 5546 

To authorize the Secretary of Commerce to identify, declare, and respond 

to marine disease emergencies, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2014 

Mr. HECK of Washington (for himself, Mr. MCDERMOTT, Mr. HUFFMAN, Mr. 

BLUMENAUER, Mr. KILMER, Mr. SMITH of Washington, and Mr. LARSEN

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Marine Disease Emer5 gency Act of 2014’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) COORDINATOR.—The term ‘‘coordinator’’ 

2 means an individual designated to coordinate the re3 sponse to a marine disease emergency under section 

4 3(d). 

5 (2) DATA REPOSITORY.—The term ‘‘Data Re6 pository’’ means the National Data Repository for 

7 Marine Diseases Research and Services established 

8 under section 6. 

9 (3) EXCLUSIVE ECONOMIC ZONE.—The term 

10 ‘‘exclusive economic zone’’ means the exclusive eco11 nomic zone of the United States established by Pres12 idential Proclamation No. 5030, of March 10, 1983. 

13 (4) FUND.—The term ‘‘Fund’’ means the Ma14 rine Disease Emergency Fund established under sec15 tion 5. 

16 (5) MARINE DISEASE.—The term ‘‘marine dis17 ease’’ means a pathological condition that— 

18 (A) is caused by a living organism; 

19 (B) occurs in a population of marine spe20 cies; and 

21 (C) appears to be infectious. 

22 (6) MARINE DISEASE EMERGENCY.—The term 

23 ‘‘marine disease emergency’’ means an event that— 

24 (A) affects the marine environment; 


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1 (B) is caused by a marine disease or envi2 ronmental stressor; 

3 (C) is likely to threaten the sustainability 

4 of a marine species or the health of a marine 

5 ecosystem; and 

6 (D) is likely to expand in geographic scope. 

7 (7) MARINE ENVIRONMENT.—The term ‘‘ma8 rine environment’’ means those areas of coastal, 

9 ocean, and estuarine waters over which the United 

10 States has jurisdiction, including the exclusive eco11 nomic zone, consistent with international law. 

12 (8) MARINE SPECIES.—The term ‘‘marine spe13 cies’’ means finfish, mollusks, crustaceans, and all 

14 other forms of marine animal and plant life other 

15 than marine mammals and birds. 

16 (9) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Commerce acting through the Ad18 ministrator of the National Oceanic and Atmos19 pheric Administration. 

20 (10) STATE.—The term ‘‘State’’ means each of 

21 the several States, the District of Columbia, the 

22 Commonwealth of Puerto Rico, American Samoa, 

23 the United States Virgin Islands, Guam, and any 

24 other Commonwealth, territory, or possession of the 


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1 United States, and each federally recognized Indian 

2 tribe. 

3 (11) WORKING GROUP.—The term ‘‘Working 

4 Group’’ means the Marine Disease Emergency 

5 Working Group established under section 4. 

6 SEC. 3. DECLARATION OF MARINE DISEASE EMERGENCY 

7 AND RESPONSE. 

8 (a) IN GENERAL.—The Secretary may declare a ma9 rine disease emergency in accordance with subsection (b). 

10 (b) DECLARATION PROCEDURE.—After receiving no11 tice that a marine disease emergency may be occurring, 

12 the Secretary shall, to the extent practicable— 

13 (1) not later than 24 hours after receiving such 

14 notice, contact members of the Working Group for 

15 guidance on whether the event is a marine disease 

16 emergency; and 

17 (2) not later than 7 days after receiving such 

18 notice, declare whether the event is a marine disease 

19 emergency. 

20 (c) EFFECT OF DECLARATION.— 

21 (1) POWERS OF SECRETARY.—Upon declaring a 

22 marine disease emergency under subsection (b), and 

23 subject to the availability of appropriations, the Sec24 retary may take such actions as may be appropriate 

25 to respond to the emergency, including making 


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1 grants, providing awards for expenses, entering into 

2 contracts and conducting and supporting investiga3 tions into the cause, treatment, or prevention of the 

4 emergency. 

5 (2) RESPONSE ACTIVITIES.—As soon as pos6 sible after declaring a marine disease emergency, the 

7 Secretary shall carry out the activities described in 

8 subsections (d) and (e) with respect to the emer9 gency. 

10 (d) DESIGNATION OF COORDINATOR.— 

11 (1) IN GENERAL.—The Secretary shall des12 ignate an individual to coordinate the response to 

13 each marine disease emergency declared under sub14 section (b). 

15 (2) DUTIES OF COORDINATOR.—The coordi16 nator, under the supervision of the Secretary, shall 

17 lead a response to the emergency that may include 

18 Federal, State, regional, and local agencies, non19 governmental organizations, and other persons as 

20 appropriate. 

21 (3) ASSISTANT COORDINATORS.—The Secretary 

22 may designate one or more individuals to assist the 

23 coordinator in carrying out the duties described in 

24 paragraph (2). 

25 (e) DEVELOPMENT OF RESPONSE PLAN.— 


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1 (1) IN GENERAL.—Not later than 21 days after 

2 declaring a marine disease emergency under sub3 section (b) the Secretary shall, in consultation with 

4 the Working Group and coordinator, develop a writ5 ten response plan for each marine disease emer6 gency. 

7 (2) CONTENTS.—The plan described in para8 graph (1) shall include, at minimum— 

9 (A) a list of persons at appropriate Fed10 eral, regional, State, and local agencies who can 

11 assist the Secretary in implementing a coordi12 nated and effective response to the marine dis13 ease emergency; 

14 (B) a description of the steps necessary to 

15 diagnose the cause of the marine disease emer16 gency; 

17 (C) training, mobilization, and utilization 

18 procedures for personnel, facilities, and other 

19 resources necessary to conduct a rapid and ef20 fective response to the marine disease emer21 gency; 

22 (D) an assessment of the potential effects 

23 of the marine disease emergency on populations 

24 of marine species; and 


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1 (E) strategies to minimize morbidity and 

2 mortality in marine species and minimize trans3 mission of the disease. 

4 (3) PUBLICATION.—Not later than 21 days 

5 after declaring a marine disease emergency under 

6 subsection (b) the Secretary shall publish a sum7 mary of the plan on a publicly accessible Internet 

8 website of the National Oceanic and Atmospheric 

9 Administration. 

10 (f) TERMINATION OF MARINE DISEASE EMER11 GENCY.— 

12 (1) IN GENERAL.—A marine disease emergency 

13 declared under subsection (b) shall terminate on the 

14 date on which the Secretary declares that the emer15 gency no longer exists, or upon the expiration of the 

16 120-day period beginning on the date on which the 

17 declaration is made by the Secretary under sub18 section (b), whichever occurs first. 

19 (2) RENEWAL OF DECLARATION.—A declara20 tion that terminates under paragraph (1) may be re21 newed by the Secretary and the time limitations in 

22 paragraph (1) shall apply with respect to each such 

23 renewal. 


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1 (g) REPORT.—Not later than 90 days after the termi2 nation of a marine disease emergency declared under sub3 section (b), the Secretary shall— 

4 (1) submit to Congress a report describing— 

5 (A) the cause and environmental impact of 

6 the marine disease emergency; 

7 (B) the response to the marine disease 

8 emergency and recommendations, if any, for 

9 improving responses to future marine disease 

10 emergencies; and 

11 (C) recommendations, if any, for pre12 venting future marine disease emergencies; and 

13 (2) publish the report on a publicly accessible 

14 Internet website of the National Oceanic and Atmos15 pheric Administration. 

16 SEC. 4. MARINE DISEASE EMERGENCY WORKING GROUP. 

17 (a) ESTABLISHMENT.—There is established in the 

18 National Oceanic and Atmospheric Administration a 

19 Working Group to be known as the ‘‘Marine Disease 

20 Emergency Working Group’’. 

21 (b) DUTIES.—The Working Group shall— 

22 (1) advise the Secretary on risk assessment, 

23 preparation, monitoring, research, and response to 

24 marine diseases that may significantly impact the 


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1 health and sustainability of marine species and eco2 systems; 

3 (2) advise the Secretary in determining whether 

4 a marine disease emergency should be declared or 

5 terminated; 

6 (3) assist the Secretary in drafting response 

7 plans under section 3(e); 

8 (4) assist the Secretary in drafting reports 

9 under section 3(g); and 

10 (5) consult with the Director of the Data Re11 pository established under section 6 to ensure the 

12 quality and availability of the data contained there13 in. 

14 (c) MEMBERSHIP.— 

15 (1) COMPOSITION.—Subject to paragraph (3), 

16 the Working Group shall be composed of 7 members 

17 as follows: 

18 (A) The Secretary or the Secretary’s des19 ignee. 

20 (B) The Administrator of the United 

21 States Animal and Plant Health Inspection 

22 Service or the Administrator’s designee. 

23 (C) The Director of the United States Fish 

24 and Wildlife Service or the Director’s designee. 


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1 (D) The Director of the United States Ge2 ological Survey or the Director’s designee. 

3 (E) Three members, appointed by the 

4 President, who have specialized knowledge and 

5 expertise in epidemiology, ecology, or microbi6 ology, or expertise in responding to disease out7 breaks or ecological disasters. 

8 (2) LIMITATION.—A member appointed under 

9 paragraph (1)(E) shall not be an employee of an 

10 agency (as defined in section 551 of title 5, United 

11 States Code). If any such member becomes an em12 ployee of an agency, that member may continue as 

13 a member for not longer than the 30-day period be14 ginning on the date the member becomes an em15 ployee of an agency. 

16 (3) TEMPORARY MEMBERS.—The Secretary 

17 may appoint additional members to the Working 

18 Group to serve during a marine disease emergency 

19 declared under section (3)(b). 

20 (4) TERMS.— 

21 (A) NON-AGENCY MEMBERS.—Each mem22 ber appointed under paragraph (1)(E) shall be 

23 appointed for a term of 2 years and may be re24 appointed thereafter by the President. 


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1 (B) TEMPORARY MEMBERS.—The term of 

2 each member appointed under paragraph (3) 

3 shall expire 90 days after the date on which the 

4 marine disease emergency for which that mem5 ber was appointed is terminated under section 

6 3(f). 

7 (5) VACANCIES.—A vacancy in the Working 

8 Group shall be filled in the manner in which the 

9 original appointment was made. 

10 (6) BASIC PAY.—Members of the Working 

11 Group shall serve without pay. 

12 (7) TRAVEL EXPENSES.—Subject to the avail13 ability of appropriations, each member of the Work14 ing Group shall receive travel expenses, including 

15 per diem in lieu of subsistence, in accordance with 

16 applicable provisions under subchapter I of chapter 

17 57 of title 5, United States Code. 

18 (8) CHAIRPERSON.—The Secretary, or a des19 ignee of the Secretary, shall be the Chairperson of 

20 the Working Group. 

21 (9) MEETINGS.—The Secretary shall convene 

22 the Working Group not later than 30 days after the 

23 date of the enactment of this Act. Thereafter, the 

24 Working Group shall meet not less than annually 


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1 and may also meet at the call of the Chairperson or 

2 a majority of its members. 

3 (d) STAFFING AND ASSISTANCE.—The Secretary 

4 shall make available to the Working Group any staff, in5 formation, administrative services, or assistance the Sec6 retary considers reasonably required to enable the Work7 ing Group to carry out its duties. 

8 (e) TERMINATION.—Section 14 of the Federal Advi9 sory Committee Act (5 U.S.C. App.) shall not apply with 

10 respect to the Working Group. 

11 SEC. 5. ESTABLISHMENT OF MARINE DISEASE EMERGENCY 

12 FUND. 

13 (a) ESTABLISHMENT.—There is established in the 

14 Treasury a fund to be known as the ‘‘Marine Disease 

15 Emergency Fund’’ which shall be administered by the Sec16 retary. Amounts in the fund shall be made available with17 out fiscal year limitation, and subject to appropriations, 

18 to carry out this Act. 

19 (b) AMOUNTS.—The Fund shall consist of— 

20 (1) amounts appropriated to the Fund; and 

21 (2) amounts received by the Secretary as dona22 tions, gifts, or contributions for the purpose of ad23 dressing marine disease emergencies. 


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1 (c) USE OF FUND.—Amounts in the Fund shall be 

2 used only to respond to a marine disease emergency de3 clared under section 3(b). 

4 (d) SUPPLEMENT NOT SUPPLANT.—Amounts from 

5 the Fund shall be used to supplement and not supplant 

6 other Federal, State, regional, and local public funds pro7 vided for activities under this Act. 

8 SEC. 6. NATIONAL DATA REPOSITORY FOR MARINE DIS9 EASES RESEARCH AND SERVICES. 

10 (a) IN GENERAL.—The Secretary shall establish a 

11 National Data Repository for Marine Diseases Research 

12 and Services. Subject to the availability of appropriations, 

13 the Secretary shall enter into a contract with an entity 

14 eligible under subsection (c) to develop and administer 

15 such repository. 

16 (b) PURPOSE.—The purpose of the Data Repository 

17 shall be to— 

18 (1) collect, store, and disseminate information 

19 regarding research, data, findings, and technical as20 sistance materials related to marine diseases; 

21 (2) facilitate the development, coordination, and 

22 rapid dissemination of research on marine diseases; 

23 and 

24 (3) collect epidemiological, environmental im25 pact, timeline, global positioning system registered 


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1 location, and ecological consequence data regarding 

2 marine diseases, linking different datasets across the 

3 country to assist researchers in developing strategies 

4 for addressing marine diseases. 

5 (c) ELIGIBILITY.—To be eligible for the contract 

6 under subsection (a), an entity shall— 

7 (1) be a public or private nonprofit entity; 

8 (2) have experience— 

9 (A) collecting data; 

10 (B) developing systems to store data in a 

11 secure manner; 

12 (C) developing Internet web portals and 

13 other means of communicating with a wide au14 dience; and 

15 (D) making information available to the 

16 public; and 

17 (3) meet such other criteria as the Secretary 

18 considers appropriate. 

19 (d) DATA REPOSITORY DIRECTOR.—As a condition 

20 of receiving the contract under subsection (a), an entity 

21 shall agree to employ a director of the Data Repository 

22 chosen in accordance with guidance issued by the Sec23 retary. The Director, in consultation with the Secretary 

24 and Working Group, shall— 


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1 (1) collect information and research methodolo2 gies from individuals, agencies, and organizations 

3 engaged in the research of marine diseases; 

4 (2) ensure research methods are standardized 

5 whenever possible to ensure data comparability 

6 across regions; 

7 (3) securely store and maintain information in 

8 the Data Repository; 

9 (4) make information in the Data Repository 

10 accessible through an Internet website or other ap11 propriate means of sharing information; and 

12 (5) ensure that the information contained in the 

13 Data Repository is accessible to members of the 

14 public, marine disease researchers, and persons re15 sponding to marine disease emergencies. 

16 SEC. 7. MARINE DISEASE EMERGENCY FOR SEA STAR 

17 WASTING SYNDROME. 

18 (a) IN GENERAL.—The marine mortality event af19 fecting species of sea stars commonly referred to as ‘‘sea 

20 star wasting syndrome’’ is deemed to be a marine disease 

21 emergency declared by the Secretary under section 3(b). 

22 Beginning on the effective date of this section, the Sec23 retary shall immediately carry out the activities described 

24 in subsections (d) and (e) of section 3 with respect to such 

25 marine disease emergency. 


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1 (b) EFFECTIVE DATE.—This section shall take effect 

2 on the date that is 180 days after the date of the enact3 ment of this Act. 

4 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

5 There is authorized to be appropriated to carry out 

6 this Act $15,000,000 for each of the fiscal years 2015 

7 through 2020. 

Æ 


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