[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3570 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3570

       To promote ocean and human health and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 6, 2011

  Mrs. Capps (for herself, Ms. Woolsey, Ms. Pingree of Maine, and Mr. 
   Keating) introduced the following bill; which was referred to the 
  Committee on Science, Space, and Technology, and in addition to the 
   Committee on Energy and Commerce, 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 promote ocean and human health 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; AMENDMENT OF OCEANS AND HUMAN HEALTH ACT.

    (a) Short Title.--This Act may be cited as the ``Oceans and Human 
Health Reauthorization Act of 2011''.
    (b) Amendment of Oceans and Human Health Act.--Except as otherwise 
expressly provided, whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section or other 
provision, the reference shall be considered to be made to a section or 
other provision of the Oceans and Human Health Act (33 U.S.C. 3101 et 
seq.).

SEC. 2. INTERAGENCY OCEANS AND HUMAN HEALTH RESEARCH PROGRAM.

    (a) Coordination.--Section 902(a) (33 U.S.C. 3101(a)) is amended by 
striking ``oceans in human health.'' and inserting ``oceans in human 
health and deliver information, products, and services to assist the 
Nation in reducing public health risks, and enhancing health benefits, 
from the ocean.''.
    (b) Implementation Plan.--Section 902(b) (33 U.S.C. 3101(b)) is 
amended--
            (1) by striking the matter preceding paragraph (1) and 
        inserting the following:
    ``(b) Implementation Plan.--Within 2 years after the date of the 
enactment of the Oceans and Human Health Reauthorization Act of 2011, 
and every 10 years thereafter, the National Science and Technology 
Council, through the Director of the Office of Science and Technology 
Policy, shall revise and update the 2007 `Interagency Oceans and Human 
Health Research Implementation Plan' and submit the updated plan to the 
Congress. The updated Plan shall define the roles of Federal agencies 
and departments in order to avoid duplication of activities and 
coordinate efforts in support of the research program. Nothing in this 
subsection is intended to duplicate or supersede the activities of the 
Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia established 
under section 603 of the Harmful Algal Bloom and Hypoxia Research and 
Control Act of 1998 (16 U.S.C. 1451 note). The updated Plan shall build 
on and complement the ongoing research, monitoring, surveillance, and 
outreach activities of the National Oceanic and Atmospheric 
Administration, the National Science Foundation, the National 
Institutes of Health (including the National Institute of Environmental 
Health Sciences), the Centers for Disease Control and Prevention, the 
U.S. Environmental Protection Agency, the Food and Drug Administration, 
and other Federal departments and agencies, and shall--'';
            (2) in paragraph (1)--
                    (A) by striking ``prediction'' and inserting 
                ``monitoring, surveillance, prediction forecasting, and 
                mitigation'';
                    (B) by inserting ``and chemical'' after 
                ``biological''; and
                    (C) by striking ``treatments'' and inserting 
                ``products for the prevention and treatment'';
            (3) in paragraph (2), by striking ``training'' and all that 
        follows and inserting ``Federal oceans and human health 
        research centers, training, and support for scientists, and 
        participation in national and international research and 
        outreach efforts, including outreach to the public health and 
        medical communities, and the public;'';
            (4) in paragraph (4), by striking ``preventive'' and 
        inserting ``preventing'';
            (5) in paragraph (5), by inserting ``the National Ocean 
        Council,'' after ``the Ocean Research Advisory Panel,''; and
            (6) by striking paragraph (7) and inserting the following:
            ``(7) estimate funding needed for research, surveillance, 
        prediction, education, and outreach activities to be conducted 
        within and supported by Federal agencies under the program.''.
    (c) Program Scope.--Section 902(c) (33 U.S.C. 3101(c)) is amended--
            (1) by striking paragraphs (1) and (2) and inserting the 
        following:
            ``(1) Interdisciplinary research among the ocean, 
        atmospheric, biological, and medical sciences, and coordinated 
        research and activities to improve understanding of processes 
        within the ocean that may affect human health and to explore 
        the potential contribution of marine organisms to medicine and 
        research, including--
                    ``(A) vector-, water-, and food-borne diseases of 
                humans and marine organisms, including marine mammals, 
                corals, fish, and shellfish;
                    ``(B) human health effects associated with harmful 
                algal blooms and hypoxia (in collaboration with the 
                Inter-Agency Task Force on Harmful Algal Blooms and 
                Hypoxia);
                    ``(C) marine-derived pharmaceuticals and other 
                natural products;
                    ``(D) marine organisms and habitats as models for 
                biomedical research and as indicators of human health 
                and well being and marine environmental health;
                    ``(E) marine environmental microbiology linked to 
                human health;
                    ``(F) human health effects associated with legacy 
                and emerging chemicals of concern, including 
                bioaccumulative and endocrine-disrupting chemical 
                contaminants;
                    ``(G) predictive models of public health risks 
                based on indicators and assessments of marine ecosystem 
                health and marine animal health; and
                    ``(H) social, economic, and behavioral studies of 
                relationships between the condition of oceans, coasts, 
                and the Great Lakes and human health and well-being, 
                risk communication, and decision-making processes.
            ``(2) Coordination with appropriate interagency working 
        groups of the Subcommittee on Ocean Science and Technology, or 
        its successor body, through the National Science and Technology 
        Council, to ensure that any integrated ocean and coastal 
        observing system provides information necessary to monitor and 
        reduce marine public health problems, including climate change 
        information, health-related data on biological populations, and 
        detection of toxins and contaminants in marine waters and 
        seafood.''; and
            (2) in paragraph (3)--
                    (A) in subparagraph (A), by striking ``genomics and 
                proteomics'' and inserting ``genomics, proteomics, 
                metabolomics, and other related sciences'';
                    (B) by striking subparagraph (C) and inserting the 
                following:
                    ``(C) in situ, laboratory, and remote sensors--
                            ``(i) to detect, quantify, and predict the 
                        presence, distribution, concentration, 
                        toxicity, or virulence of infectious microbes, 
                        harmful algae, toxins, and chemical 
                        contaminants in ocean waters, sediments, 
                        organisms, and seafood; and
                            ``(ii) to identify new genetic resources 
                        for biomedical purposes;''; and
                    (C) in subparagraph (E), by striking ``equipment 
                and technologies'' and inserting ``equipment, 
                technologies, and methodologies used in human health, 
                and other fields, for application to oceans and human 
                health objectives''.
    (d) Biennial Report.--Section 902(d) (33 U.S.C. 3101(d)) is 
amended--
            (1) by striking ``Annual'' in the heading and inserting 
        ``Biennial'';
            (2) in the matter preceding paragraph (1)--
                    (A) by striking ``Beginning with the first year 
                occurring more than 24 months after the date of 
                enactment of the Act, the'' and inserting ``The'';
                    (B) by striking ``each year an annual'' and 
                inserting ``alternate years a biennial''; and
                    (C) by striking ``fiscal year'' and inserting ``2 
                fiscal years'';
            (3) in paragraph (1), by striking ``fiscal year;'' and 
        inserting ``2 fiscal years;'';
            (4) in paragraph (4), by striking ``that preceding fiscal 
        year;'' and inserting ``the preceding 2 fiscal years;'' and
            (5) in paragraph (5), by striking ``action'' and inserting 
        ``action, funding needs,''.

SEC. 3. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OCEANS AND 
              HUMAN HEALTH PROGRAM.

    (a) Establishment.--Section 903(a) (33 U.S.C. 3102(a)) is amended 
to read as follows:
    ``(a) Program.--
            ``(1) In general.--As part of the interagency oceans and 
        human health research program, the Secretary of Commerce shall 
        establish an Oceans and Human Health Program to coordinate and 
        implement research and activities of the National Oceanic and 
        Atmospheric Administration related to the role of the oceans, 
        the coasts, and the Great Lakes in human health. The program 
        shall link National Oceanic and Atmospheric Administration 
        research programs with operational activities focused on--
                    ``(A) forecasting to provide early warning and 
                prediction of near-term and long-term health risks;
                    ``(B) surveillance, monitoring and diagnosis to 
                recognize emerging threats to public health;
                    ``(C) assessment of risk perception, management 
                needs, and response actions; and
                    ``(D) developing ocean health products and 
                services.
            ``(2) Coordination with other agencies' efforts.--The 
        Secretary shall consult with other Federal agencies conducting 
        integrated oceans and human health research, monitoring, and 
        disease surveillance activities and research in related areas, 
        including the National Science Foundation, the National 
        Institutes of Health (including the National Institute of 
        Environmental Health Sciences), the Centers for Disease Control 
        and Prevention, the Environmental Protection Agency, and other 
        agencies and departments and shall coordinate the development 
        of a strategic implementation plan with defined goals and 
        benchmarks for the program.
            ``(3) Administration.--To the extent practical based on 
        appropriations, the Oceans and Human Health Program may provide 
        support for--
                    ``(A) centralized program and research 
                coordination;
                    ``(B) an external advisory panel;
                    ``(C) one or more National Oceanic and Atmospheric 
                Administration national centers of excellence that may 
                include diagnostic laboratories to provide processing 
                of marine organism samples;
                    ``(D) transitioning scientific discoveries from 
                research activities into applications;
                    ``(E) research grants; and
                    ``(F) distinguished scholars and training.''.
    (b) Advisory Panel.--Section 903(b) (33 U.S.C. 3102(b)) is amended 
by striking ``sciences.'' and inserting ``sciences, including public 
health professionals, veterinarians, and other health professionals.''.
    (c) National Centers.--Section 903(c) (33 U.S.C. 3102(c)) is 
amended--
            (1) in paragraph (1), by striking ``for''; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) The centers shall focus on areas related to agency 
        missions and the program scope (as defined in section 
        902(c)).''.
    (d) Extramural Research Grants.--Section 903(d) (33 U.S.C. 3102(d)) 
is amended by adding at the end the following:
            ``(3) Grants under this subsection shall support research 
        and activities within the program scope (as defined in section 
        902(c)).''.
    (e) Training Program.--Section 903(e) (33 U.S.C. 3102(e)) is 
amended--
            (1) by striking the heading and inserting ``(e) Training 
        Program--'';
            (2) by striking ``program to provide traineeships, 
        training,'' and inserting ``competitive program to provide 
        training, exposure,''; and
            (3) by striking ``initiative.'' and inserting ``Oceans and 
        Human Health Program.''.
    (f) Distinguished Scholars; Cooperative Agreements; Coordination; 
etc.--Section 903 (33 U.S.C. 3102) is amended by adding at the end the 
following:
    ``(f) Distinguished Scholars.--The Secretary of Commerce may 
establish a competitive program to recognize highly distinguished 
external scientists in any area of oceans and human health research and 
to involve those scientists in collaborative work with the NOAA Oceans 
and Human Health Program.
    ``(g) Agreements.--The Secretary of Commerce may execute and 
perform such contracts, leases, grants, or cooperative agreements as 
may be necessary to carry out this section.
    ``(h) Coordination.--
            ``(1) Integrated ocean observing system.--The Secretary 
        shall ensure that the Oceans and Human Health Program and the 
        National Integrated Coastal and Ocean Observation System work 
        together to develop and deploy instruments for sensing and 
        predicting ocean changes linked to health, develop early 
        warning systems that detect biological and chemical indicators, 
        and support the data management and analysis functions to 
        develop forecasts for ocean conditions that threaten health.
            ``(2) Harmful algal blooms and hypoxia.--The Secretary 
        shall ensure that the Oceans and Human Health Program and 
        Harmful Algal Blooms and Hypoxia Program work together to 
        coordinate and avoid duplication of activities.
            ``(3) Other programs.--The Secretary shall ensure that the 
        Program also coordinates its efforts across the National 
        Oceanic and Atmospheric Administration to link and support 
        ocean and human health-related research and programs.
    ``(i) Report to Congress.--Within 6 months after the date of 
enactment of the Oceans and Human Health Reauthorization Act of 2011, 
the Secretary shall report to the Congress on how the National Oceanic 
and Atmospheric Administration plans to implement the recommendations 
of its Science Advisory Board Working Group on Oceans and Health.
    ``(j) Operational Parameters.--
            ``(1) In general.--The Secretary of Commerce shall operate 
        the Oceans and Human Health Program as an interdisciplinary 
        research, development, and application program spanning the 
        agency and in partnership with the external scientific and 
        health communities.
            ``(2) Resources.--To achieve this vision and maximize 
        potential for leveraging appropriations, the National Oceanic 
        and Atmospheric Administration may--
                    ``(A) apply for, accept, use, and spend Federal, 
                State, and private funds and in-kind contributions as 
                necessary to further the mission of the program without 
                regard to section 3302(b) of title 31, United States 
                Code, and without regard to the source or of the period 
                of availability of such funds;
                    ``(B) apply for and hold patents either solely or 
                in partnership with others and receive royalties from 
                patents or licenses; and
                    ``(C) share personnel and facilities with public 
                and private partners as well as provide and accept 
                reimbursement for the sharing of such personnel and 
                facilities.''.

SEC. 4. PUBLIC INFORMATION AND OUTREACH.

    (a) In General.--Section 904(a) (33 U.S.C. 3103(a)) is amended--
            (1) by striking ``National Sea Grant program, relevant 
        National Ocean Service and National Marine Fisheries Service 
        research programs'' and inserting ``all relevant the National 
        Oceanic and Atmospheric Administration programs and 
        institutions of higher education,''; and
            (2) by striking ``Initiative'' and inserting ``Program''.
    (b) Report.--Section 904(b) (33 U.S.C. 3103(b)) is amended to read 
as follows:
    ``(b) Report.--
            ``(1) In general.--As part of this program, the Secretary 
        of Commerce shall submit to Congress a biennial report 
        describing--
                    ``(A) projects, products, and programs funded under 
                the Oceans and Human Health Program;
                    ``(B) the work of the Advisory Panel;
                    ``(C) how the Oceans and Human Health Program is 
                meeting the goals and objectives of its strategic plan; 
                and
                    ``(D) any recommendations the Secretary may have 
                for improving or expanding the Oceans and Human Health 
                Program.
            ``(2) Combined reports.--The report required by paragraph 
        (1) may be the same as the National Oceanic and Atmospheric 
        Administration input for the interagency report required by 
        section 902(d).''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    Section 905 (33 U.S.C. 3104) is amended--
            (1) by striking ``Initiative,'', ``initiative'', and 
        ``Initiative.'', and inserting ``Program,'', ``Program'', and 
        ``Program.'', respectively;
            (2) by striking ``$60,000,000 for fiscal years 2005 through 
        2008'' and inserting ``$6,000,000 for each of fiscal years 2011 
        through 2015''; and
            (3) by striking ``grant and traineeship'' and inserting 
        ``grant, distinguished scholars, and training''.

SEC. 6. OCEANS DEFINED TO INCLUDE THE GREAT LAKES.

    The Act is amended by adding after section 905 (33 U.S.C. 3104) the 
following:

``SEC. 906. OCEANS DEFINED.

    ``In this title, the term `oceans' includes the Great Lakes, and 
the coastal areas appertaining thereto.''.
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