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 juris-
diction 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Marine Disease Emer-
gency Act of 2014’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) COORDINATOR.—The term ‘‘coordinator’’ 
means an individual designated to coordinate the re-
sponse to a marine disease emergency under section 
3(d). 
(2) DATA REPOSITORY.—The term ‘‘Data Re-
pository’’ 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 eco-
nomic zone of the United States established by Pres-
idential Proclamation No. 5030, of March 10, 1983. 
(4) FUND.—The term ‘‘Fund’’ means the Ma-
rine Disease Emergency Fund established under sec-
tion 5. 
(5) MARINE DISEASE.—The term ‘‘marine dis-
ease’’ means a pathological condition that— 
(A) is caused by a living organism; 
(B) occurs in a population of marine spe-
cies; and 
(C) appears to be infectious. 
(6) MARINE DISEASE EMERGENCY.—The term 
‘‘marine disease emergency’’ means an event that— 
(A) affects the marine environment; 
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(B) is caused by a marine disease or envi-
ronmental 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 ‘‘ma-
rine environment’’ means those areas of coastal, 
ocean, and estuarine waters over which the United 
States has jurisdiction, including the exclusive eco-
nomic zone, consistent with international law. 
(8) MARINE SPECIES.—The term ‘‘marine spe-
cies’’ means finfish, mollusks, crustaceans, and all 
other forms of marine animal and plant life other 
than marine mammals and birds. 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce acting through the Ad-
ministrator of the National Oceanic and Atmos-
pheric 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 
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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 ma-
rine disease emergency in accordance with subsection (b). 
(b) DECLARATION PROCEDURE.—After receiving no-
tice 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 subsection (b), and 
subject to the availability of appropriations, the Sec-
retary may take such actions as may be appropriate 
to respond to the emergency, including making 
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grants, providing awards for expenses, entering into 
contracts and conducting and supporting investiga-
tions into the cause, treatment, or prevention of the 
emergency. 
(2) RESPONSE
ACTIVITIES.—As soon as pos-
sible after declaring a marine disease emergency, the 
Secretary shall carry out the activities described in 
subsections (d) and (e) with respect to the emer-
gency. 
(d) DESIGNATION OF COORDINATOR.— 
(1) IN
GENERAL.—The Secretary shall des-
ignate an individual to coordinate the response to 
each marine disease emergency declared under sub-
section (b). 
(2) DUTIES
OF
COORDINATOR.—The coordi-
nator, under the supervision of the Secretary, shall 
lead a response to the emergency that may include 
Federal, State, regional, and local agencies, non-
governmental organizations, and other persons as 
appropriate. 
(3) ASSISTANT COORDINATORS.—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.— 
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(1) IN GENERAL.—Not later than 21 days after 
declaring a marine disease emergency under sub-
section (b) the Secretary shall, in consultation with 
the Working Group and coordinator, develop a writ-
ten response plan for each marine disease emer-
gency. 
(2) CONTENTS.—The plan described in para-
graph (1) shall include, at minimum— 
(A) a list of persons at appropriate Fed-
eral, regional, State, and local agencies who can 
assist the Secretary in implementing a coordi-
nated and effective response to the marine dis-
ease emergency; 
(B) a description of the steps necessary to 
diagnose the cause of the marine disease emer-
gency; 
(C) training, mobilization, and utilization 
procedures for personnel, facilities, and other 
resources necessary to conduct a rapid and ef-
fective response to the marine disease emer-
gency; 
(D) an assessment of the potential effects 
of the marine disease emergency on populations 
of marine species; and 
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(E) strategies to minimize morbidity and 
mortality in marine species and minimize trans-
mission of the disease. 
(3) PUBLICATION.—Not later than 21 days 
after declaring a marine disease emergency under 
subsection (b) the Secretary shall publish a sum-
mary of the plan on a publicly accessible Internet 
website of the National Oceanic and Atmospheric 
Administration. 
(f) TERMINATION
OF
MARINE
DISEASE
EMER-
GENCY.— 
(1) IN GENERAL.—A marine disease emergency 
declared under subsection (b) shall terminate on the 
date on which the Secretary declares that the emer-
gency no longer exists, or upon the expiration of the 
120-day period beginning on the date on which the 
declaration is made by the Secretary under sub-
section (b), whichever occurs first. 
(2) RENEWAL
OF
DECLARATION.—A declara-
tion that terminates under paragraph (1) may be re-
newed by the Secretary and the time limitations in 
paragraph (1) shall apply with respect to each such 
renewal. 
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(g) REPORT.—Not later than 90 days after the termi-
nation of a marine disease emergency declared under sub-
section (b), the Secretary shall— 
(1) submit to Congress a report describing— 
(A) the 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 pre-
venting future marine disease emergencies; and 
(2) publish the report on a publicly accessible 
Internet website of the National Oceanic and Atmos-
pheric 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 
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health and sustainability of marine species and eco-
systems; 
(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 Re-
pository established under section 6 to ensure the 
quality and availability of the data contained there-
in. 
(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 des-
ignee. 
(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. 
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(D) The Director of the United States Ge-
ological Survey or the Director’s designee. 
(E) Three members, appointed by the 
President, who have specialized knowledge and 
expertise in epidemiology, ecology, or microbi-
ology, or expertise in responding to disease out-
breaks or ecological disasters. 
(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 em-
ployee of an agency, that member may continue as 
a member for not longer than the 30-day period be-
ginning on the date the member becomes an em-
ployee 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)(b). 
(4) TERMS.— 
(A) NON-AGENCY MEMBERS.—Each mem-
ber appointed under paragraph (1)(E) shall be 
appointed for a term of 2 years and may be re-
appointed thereafter by the President. 
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(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 mem-
ber 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) BASIC
PAY.—Members of the Working 
Group shall serve without pay. 
(7) TRAVEL EXPENSES.—Subject to the avail-
ability of appropriations, each member of the Work-
ing 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 des-
ignee 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 
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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, in-
formation, administrative services, or assistance the Sec-
retary considers reasonably required to enable the Work-
ing Group to carry out its duties. 
(e) TERMINATION.—Section 14 of the Federal Advi-
sory 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 Sec-
retary. Amounts in the fund shall be made available with-
out 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 dona-
tions, gifts, or contributions for the purpose of ad-
dressing marine disease emergencies. 
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(c) USE OF FUND.—Amounts in the Fund shall be 
used only to respond to a marine disease emergency de-
clared under section 3(b). 
(d) SUPPLEMENT NOT SUPPLANT.—Amounts from 
the Fund shall be used to supplement and not supplant 
other Federal, State, regional, and local public funds pro-
vided for activities under this Act. 
SEC. 6. NATIONAL DATA REPOSITORY FOR MARINE DIS-
EASES 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 as-
sistance materials related to marine diseases; 
(2) facilitate the development, coordination, and 
rapid dissemination of research on marine diseases; 
and 
(3) collect epidemiological, environmental im-
pact, timeline, global positioning system registered 
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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 au-
dience; 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 Sec-
retary. The Director, in consultation with the Secretary 
and Working Group, shall— 
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(1) collect information and research methodolo-
gies 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 ap-
propriate 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 re-
sponding to marine disease emergencies. 
SEC. 7. MARINE DISEASE EMERGENCY FOR SEA STAR 
WASTING SYNDROME. 
(a) IN GENERAL.—The marine mortality event af-
fecting 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(b). 
Beginning on the effective date of this section, the Sec-
retary shall immediately carry out the activities described 
in subsections (d) and (e) of section 3 with respect to such 
marine disease emergency. 
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(b) EFFECTIVE DATE.—This section shall take effect 
on the date that is 180 days after the date of the enact-
ment 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 2015 
through 2020. 
Æ 
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