,i #aacth ,,congress #b;d ,session ,h4 ,r4 #eedf ,,in ,,the ,,house ,,of ,,representatives ,september #ah1 #bjad ,mr4 ,heck of ,washington 7for himself1 ,mr4 ,mc,dermott1 ,mr4 ,huffman1 ,mr4 ,blumenauer1 ,mr4 ,kilmer1 ,mr4 ,smith of ,washington1 and ,mr4 ,larsen of ,washington7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on ,agriculture1 for a period to be subsequently determined by the ,speaker1 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 identify1 declare1 and respond to marine disease emergencies1 and for other purposes4 #a4 ,short ,title ,this ,act may be cited as the ,marine ,disease ,emergency ,act of #bjad4 #b4 ,definitions ,in this ,act3 7#a7 ,coordinator ,the term coordinator means an individual designated to coordinate the response to a marine disease emergency under section #c7;d74 7#b7 ,data ,repository ,the term ,data ,repository means the ,national ,data ,repository for ,marine ,diseases ,research and ,services established under section #f4 7#c7 ,exclusive ,economic ,zone ,the term exclusive economic zone means the exclusive economic zone of the ,united ,states established by ,presidential ,proclamation ,no4 #ejcj1 of ,march #aj1 #aihc4 7#d7 ,fund ,the term ,fund means the ,marine ,disease ,emergency ,fund established under section #e4 7#e7 ,marine ,disease ,the term marine disease means a pathological condition that-- 7,a7 is caused by a living organism2 7,b7 occurs in a population of marine species2 and 7,c7 appears to be infectious4 7#f7 ,marine ,disease ,emergency ,the term marine disease emergency means an event that-- 7,a7 affects the marine environment2 7,b7 is caused by a marine disease or environmental stressor2 7,c7 is likely to threaten the sustainability of a marine species or the health of a marine ecosystem2 and 7,d7 is likely to expand in geographic scope4 7#g7 ,marine ,environment ,the term marine environment means those areas of coastal1 ocean1 and estuarine waters over which the ,united ,states has jurisdiction1 including the exclusive economic zone1 consistent with international law4 7#h7 ,marine ,species ,the term marine species means finfish1 mollusks1 crustaceans1 and all other forms of marine animal and plant life other than marine mammals and birds4 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,commerce acting through the ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 7#aj7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 ,guam1 and any other ,commonwealth1 territory1 or possession of the ,united ,states1 and each federally recognized ,indian tribe4 7#aa7 ,working ,group ,the term ,working ,group means the ,marine ,disease ,emergency ,working ,group established under section #d4 #c4 ,declaration of ,marine ,disease ,emergency and ,response 7a7 ,in ,general ,the ,secretary may declare a marine disease emergency in accordance with subsection 7b74 7b7 ,declaration ,procedure ,after receiving notice that a marine disease emergency may be occurring1 the ,secretary shall1 to the extent practicable-- 7#a7 not later than #bd hours after receiving such notice1 contact members of the ,working ,group for guidance on whether the event is a marine disease emergency2 and 7#b7 not later than #g days after receiving such notice1 declare whether the event is a marine disease emergency4 7c7 ,effect of ,declaration 7#a7 ,powers of ,secretary ,upon declaring a marine disease emergency under subsection 7b71 and subject to the availability of appropriations1 the ,secretary may take such actions as may be appropriate to respond to the emergency1 including making grants1 providing awards for expenses1 entering into contracts and conducting and supporting investigations into the cause1 treatment1 or prevention of the emergency4 7#b7 ,response ,activities ,as soon as possible after declaring a marine disease emergency1 the ,secretary shall carry out the activities described in subsections 7d7 and 7e7 with respect to the emergency4 7d7 ,designation of ,coordinator 7#a7 ,in ,general ,the ,secretary shall designate an individual to coordinate the response to each marine disease emergency declared under subsection 7b74 7#b7 ,duties of ,coordinator ,the coordinator1 under the supervision of the ,secretary1 shall lead a response to the emergency that may include ,federal1 ,state1 regional1 and local agencies1 nongovernmental organizations1 and other persons as appropriate4 7#c7 ,assistant ,coordinators ,the ,secretary may designate one or more individuals to assist the coordinator in carrying out the duties described in paragraph 7#b74 7e7 ,development of ,response ,plan 7#a7 ,in ,general ,not later than #ba days after declaring a marine disease emergency under subsection 7b7 the ,secretary shall1 in consultation with the ,working ,group and coordinator1 develop a written response plan for each marine disease emergency4 7#b7 ,contents ,the plan described in paragraph 7#a7 shall include1 at minimum-- 7,a7 a list of persons at appropriate ,federal1 regional1 ,state1 and local agencies who can assist the ,secretary in implementing a coordinated and effective response to the marine disease emergency2 7,b7 a description of the steps necessary to diagnose the cause of the marine disease emergency2 7,c7 training1 mobilization1 and utilization procedures for personnel1 facilities1 and other resources necessary to conduct a rapid and effective response to the marine disease emergency2 7,d7 an assessment of the potential effects of the marine disease emergency on populations of marine species2 and 7,e7 strategies to minimize morbidity and mortality in marine species and minimize transmission of the disease4 7#c7 ,publication ,not later than #ba days after declaring a marine disease emergency under subsection 7b7 the ,secretary shall publish a summary of the plan on a publicly accessible ,internet website of the ,national ,oceanic and ,atmospheric ,administration4 7f7 ,termination of ,marine ,disease ,emergency 7#a7 ,in ,general ,a marine disease emergency declared under subsection 7b7 shall terminate on the date on which the ,secretary declares that the emergency no longer exists1 or upon the expiration of the #abj-;day period beginning on the date on which the declaration is made by the ,secretary under subsection 7b71 whichever occurs first4 7#b7 ,renewal of ,declaration ,a declaration that terminates under paragraph 7#a7 may be renewed by the ,secretary and the time limitations in paragraph 7#a7 shall apply with respect to each such renewal4 7g7 ,report ,not later than #ij days after the termination of a marine disease emergency declared under subsection 7b71 the ,secretary shall-- 7#a7 submit to ,congress a report describing-- 7,a7 the cause and environmental impact of the marine disease emergency2 7,b7 the response to the marine disease emergency and recommendations1 if any1 for improving responses to future marine disease emergencies2 and 7,c7 recommendations1 if any1 for preventing future marine disease emergencies2 and 7#b7 publish the report on a publicly accessible ,internet website of the ,national ,oceanic and ,atmospheric ,administration4 #d4 ,marine ,disease ,emergency ,working ,group 7a7 ,establishment ,there is established in the ,national ,oceanic and ,atmospheric ,administration a ,working ,group to be known as the ,marine ,disease ,emergency ,working ,group4 7b7 ,duties ,the ,working ,group shall-- 7#a7 advise the ,secretary on risk assessment1 preparation1 monitoring1 research1 and response to marine diseases that may significantly impact the health and sustainability of marine species and ecosystems2 7#b7 advise the ,secretary in determining whether a marine disease emergency should be declared or terminated2 7#c7 assist the ,secretary in drafting response plans under section #c7;e72 7#d7 assist the ,secretary in drafting reports under section #c7;g72 and 7#e7 consult with the ,director of the ,data ,repository established under section #f to ensure the quality and availability of the data contained therein4 7c7 ,membership 7#a7 ,composition ,subject to paragraph 7#c71 the ,working ,group shall be composed of #g members as follows3 7,a7 ,the ,secretary or the ,secretary's designee4 7,b7 ,the ,administrator of the ,united ,states ,animal and ,plant ,health ,inspection ,service or the ,administrator's designee4 7,c7 ,the ,director of the ,united ,states ,fish and ,wildlife ,service or the ,director's designee4 7,d7 ,the ,director of the ,united ,states ,geological ,survey or the ,director's designee4 7,e7 ,three members1 appointed by the ,president1 who have specialized knowledge and expertise in epidemiology1 ecology1 or microbiology1 or expertise in responding to disease outbreaks or ecological disasters4 7#b7 ,limitation ,a member appointed under paragraph 7#a77;,e7 shall not be an employee of an agency 7as defined in section #eea of title #e1 ,united ,states ,code74 ,if any such member becomes an employee of an agency1 that member may continue as a member for not longer than the #cj-;day period beginning on the date the member becomes an employee of an agency4 7#c7 ,temporary ,members ,the ,secretary may appoint additional members to the ,working ,group to serve during a marine disease emergency declared under section 7#c77;b74 7#d7 ,terms 7,a7 ,non-,agency ,members ,each member appointed under paragraph 7#a77;,e7 shall be appointed for a term of #b years and may be reappointed thereafter by the ,president4 7,b7 ,temporary ,members ,the term of each member appointed under paragraph 7#c7 shall expire #ij days after the date on which the marine disease emergency for which that member was appointed is terminated under section #c7;f74 7#e7 ,vacancies ,a vacancy in the ,working ,group shall be filled in the manner in which the original appointment was made4 7#f7 ,basic ,pay ,members of the ,working ,group shall serve without pay4 7#g7 ,travel ,expenses ,subject to the availability of appropriations1 each member of the ,working ,group shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with applicable provisions under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7#h7 ,chairperson ,the ,secretary1 or a designee of the ,secretary1 shall be the ,chairperson of the ,working ,group4 7#i7 ,meetings ,the ,secretary shall convene the ,working ,group not later than #cj days after the date of the enactment of this ,act4 ,thereafter1 the ,working ,group shall meet not less than annually and may also meet at the call of the ,chairperson or a majority of its members4 7d7 ,staffing and assistance ,the ,secretary shall make available to the ,working ,group any staff1 information1 administrative services1 or assistance the ,secretary considers reasonably required to enable the ,working ,group to carry out its duties4 7e7 ,termination ,section #ad of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply with respect to the ,working ,group4 #e4 ,establishment of marine disease emergency fund 7a7 ,establishment ,there is established in the ,treasury a fund to be known as the ,marine ,disease ,emergency ,fund which shall be administered by the ,secretary4 ,amounts in the fund shall be made available without fiscal year limitation1 and subject to appropriations1 to carry out this ,act4 7b7 ,amounts ,the ,fund shall consist of-- 7#a7 amounts appropriated to the ,fund2 and 7#b7 amounts received by the ,secretary as donations1 gifts1 or contributions for the purpose of addressing marine disease emergencies4 7c7 ,use of ,fund ,amounts in the ,fund shall be used only to respond to a marine disease emergency declared under section #c7;b74 7d7 ,supplement ,not ,supplant ,amounts from the ,fund shall be used to supplement and not supplant other ,federal1 ,state1 regional1 and local public funds provided for activities under this ,act4 #f4 ,national ,data ,repository for ,marine ,diseases ,research and ,services 7a7 ,in general ,the ,secretary shall establish a ,national ,data ,repository for ,marine ,diseases ,research and ,services4 ,subject to the availability of appropriations1 the ,secretary shall enter into a contract with an entity eligible under subsection 7c7 to develop and administer such repository4 7b7 ,purpose ,the purpose of the ,data ,repository shall be to-- 7#a7 collect1 store1 and disseminate information regarding research1 data1 findings1 and technical assistance materials related to marine diseases2 7#b7 facilitate the development1 coordination1 and rapid dissemination of research on marine diseases2 and 7#c7 collect epidemiological1 environmental impact1 timeline1 global positioning system registered location1 and ecological consequence data regarding marine diseases1 linking different datasets across the country to assist researchers in developing strategies for addressing marine diseases4 7c7 ,eligibility ,to be eligible for the contract under subsection 7a71 an entity shall-- 7#a7 be a public or private nonprofit entity2 7#b7 have experience-- 7,a7 collecting data2 7,b7 developing systems to store data in a secure manner2 7,c7 developing ,internet web portals and other means of communicating with a wide audience2 and 7,d7 making information available to the public2 and 7#c7 meet such other criteria as the ,secretary considers appropriate4 7d7 ,data ,repository ,director ,as a condition of receiving the contract under subsection 7a71 an entity shall agree to employ a director of the ,data ,repository chosen in accordance with guidance issued by the ,secretary4 ,the ,director1 in consultation with the ,secretary and ,working ,group1 shall-- 7#a7 collect information and research methodologies from individuals1 agencies1 and organizations engaged in the research of marine diseases2 7#b7 ensure research methods are standardized whenever possible to ensure data comparability across regions2 7#c7 securely store and maintain information in the ,data ,repository2 7#d7 make information in the ,data ,repository accessible through an ,internet website or other appropriate means of sharing information2 and 7#e7 ensure that the information contained in the ,data ,repository is accessible to members of the public1 marine disease researchers1 and persons responding to marine disease emergencies4 #g4 ,marine ,disease ,emergency for ,sea ,star ,wasting ,syndrome 7a7 ,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 #c7;b74 ,beginning on the effective date of this section1 the ,secretary shall immediately carry out the activities described in subsections 7d7 and 7e7 of section #c with respect to such marine disease emergency4 7b7 ,effective ,date ,this section shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 #h4 ,authorization of ,appropriations ,there is authorized to be appropriated to carry out this ,act #ae1jjj1jjj for each of the fiscal years #bjae through #bjbj4