[Senate Report 108-203]
[From the U.S. Government Publishing Office]
108th Congress Report
SENATE
1st Session 108-203
_______________________________________________________________________
Calendar No. 403
OCEANS AND HUMAN HEALTH ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1218
DATE deg.November 19, 2003.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eighth congress
first session
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois RON WYDEN, Oregon
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
FRANK LAUTENBERG, New Jersey
Jeanne Bumpus, Staff Director and General Counsel
Ann Begeman, Deputy Staff Director
Robert W. Chamberlin, Chief Counsel
Kevin D. Kayes, Democratic Staff Director and Chief Counsel
Gregg Elias, Democratic General Counsel
Calendar No. 403
108th Congress Report
SENATE
1st Session 108-203
======================================================================
OCEANS AND HUMAN HEALTH ACT
_______
November 19, 2003.--Ordered to be printed
_______
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1218]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1218) to provide for
Presidential support and coordination of interagency ocean
science programs and development and coordination of a
comprehensive and integrated United States research and
monitoring program, having considered the same, reports
favorably thereon with an amendment (in the nature of a
substitute) and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 1218, the Oceans and Human Health Act, is
to establish a Federal research program that examines ocean
resources and their applications to human health.
Background and Needs
In recent years, we have gained a renewed appreciation for
the importance of the oceans to our health and well-being. We
now recognize that human health is one area in which the oceans
exert major influences that are both positive and negative.
Oceans and human health is a growing field of science focused
on detecting potential marine-based contaminants, preventing
associated illness, and developing products from the ocean that
will enhance human well-being. Understanding the relationship
between the oceans and human health is a challenging
interdisciplinary field of study, and it is increasingly clear
that it is in the national benefit to provide Federal support
and coordination of this research effort. Currently, a number
of Federal agencies share responsibility and expertise for this
field of science, requiring that capabilities be harnessed
across such diverse entities as the National Oceanic and
Atmospheric Administration (NOAA), the National Science
Foundation (NSF), and the National Institute of Environmental
Health Sciences (NIEHS).
The rich biodiversity of marine organisms represents an
important biomedical resource, a promising source of novel
compounds with therapeutic potential to combat cancer and fight
infectious diseases, and a potentially significant contribution
to the national economy. A 1999 National Research Council
report, From Monsoons to Microbes, noted that nature has been
the traditional source of new pharmaceuticals and found that
over 50 percent of the marketed drugs are extracted from
natural sources or produced using natural products. While the
oceans are a repository for much of this biodiversity with
potential biomedical applications, little of it has been
catalogued or studied. One important aspect that we have yet to
fully explore is the potential of marine life to produce
chemicals for treating diseases. There are only three marine
compounds now in clinical use--and these were developed in the
1950s.
In contrast to these life-supporting applications of ocean
resources, oceans also harbor disease-causing organisms and
other harmful conditions that impair marine and human life. For
example, harmful algal blooms, disease-causing parasites, and
toxic marine compounds can infect seafood or otherwise harm
human health when handled or ingested. Hypoxic conditions or
``dead zones'', in which dissolved oxygen is depleted in the
water column, further impair the oceans' ability to support
life and can cause massive fish kills. Collectively, these
threats to marine and human health can result in substantial
economic losses to coastal communities and lead to severe
illness, even death, when contaminated seafood is consumed.
Various marine processes can affect the distribution and
proliferation of disease-causing organisms and their vectors
through estuarine, coastal, and ocean basin circulation, tides,
and temperatures (influencing the occurrence of harmful algal
blooms, among other health risks). Human activities contribute
to the problem through sewage disposal, nutrient runoff from
agriculture and other land uses, and the transfer of organisms
via ballast water (e.g. the marine pathogenic bacteria Vibrio
cholera). Climate and weather systems also can cause diseases
to spread through short dramatic events such as tsunamis, storm
surges, heavy rains and winds, as well as long-term
fluctuations related to oceanic trends (e.g. El Nino, Pacific
Decadal Oscillation). Because the majority of the world's
population lives in coastal areas, the hazards associated with
these events have a large impact on public health, and
understanding their role will be important in the development
of predictive forecasting and prevention approaches.
In addition, research is needed to understand the increasing
detection of disease in marine life, including corals, marine
mammals, sea turtles, and echinoderms. Study of these species
may provide information on both the status of contaminants in
the marine environment and the mechanisms of marine disease.
For example, marine mammals have been known to be impacted by a
variety of toxins and have experienced mortality, reproductive
failure, and depression of the immune system, but little is
known about the effects of contaminants and diseases on these
species. Being top predators, marine mammals have a direct
application to human health because they serve as useful
indicators of health risks in the marine environment and
provide means of determining similar mechanisms of disease in
humans and developing potential treatments.
Much work is needed to understand the connections between the
oceans and human health in order to better respond to future
health needs and threats. To be successful, a research program
must integrate disciplines, bringing together oceanographers
and biomedical researchers to better understand marine
processes, identify marine pathogens, reduce public health
risks, enhance our biomedical capabilities, and expand the
promise of therapeutic marine derived pharmaceuticals.
In fiscal year (FY) 2003, NOAA received appropriations of $8
million to develop an oceans and human health initiative.
Within NOAA, many programs and laboratories perform research
and related activities that could contribute significantly to a
national research effort, but such efforts have not been
coordinated within NOAA or among Federal agencies.
Establishment of a coordinated, interdisciplinary program
consisting of nationally-recognized research centers and an
external interdisciplinary research grant program is expected
to enhance the NOAA program. In addition, last November, the
NIEHS and the NSF invited applications for research programs to
explore the relationship between marine processes and public
health. The joint initiative commits $6 million annually to
establish centers of excellence focusing on harmful algal
blooms, water and vector-borne diseases, and marine
pharmaceuticals.
S. 1218 would establish a national Interagency Oceans and
Human Health Research Program (Interagency OHH Program) to
coordinate research efforts and ensure an adequate Federal
investment in this growing field of research. The bill would
direct this program to be coordinated through the National
Science and Technology Council (NSTC), which would submit to
Congress within one year of enactment a 10-year implementation
plan for coordinated Federal activities under the Interagency
OHH Program. The bill also would direct NOAA to create an
Oceans and Human Health (OHH) Initiative that would coordinate
and implement interdisciplinary research and activities within
NOAA on this topic. This OHH Initiative would be guided by an
advisory panel, establish centers of excellence, and provide
external research grants on NOAA mission-related aspects of
oceans and human health. In addition, the bill would direct the
Secretary of Commerce to establish a coordinated public
information and outreach program with the Food and Drug
Administration (FDA), Enivronmental Protection Agency (EPA),
Centers for Disease Control (CDC), and the States to provide
information on potential ocean-related human health risks, and
it would authorize funding for the NOAA OHH Initiative for FYs
2004 through 2008 and for the public information and risk
assessment program for FYs 2004 through 2007.
Legislative History
S. 1218 was introduced by Senators Hollings and Stevens on
June 10, 2003, and referred to the Senate Committee on
Commerce, Science, and Transportation. Co-sponsors include
Senators Inouye, Breaux, Cantwell, and Bill Nelson. On June 26,
2003, the bill was considered by the Committee in an open
executive session. The Committee, without objection, ordered S.
1218 be reported with an amendment in the nature of a
substitute.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1218--Oceans and Human Health Act
Summary: S. 1218 would authorize the appropriation of $89
million through fiscal year 2008 for research on oceans and
human health issues. This funding would be used by the National
Oceanic and Atmospheric Administration (NOAA) to finance an
oceans and human health initiative and a public health
information and outreach program.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing S. 1218 would cost the federal
government $5 million in 2004 and $80 million over the 2004-
2008 period. (The remaining $9 million would be spent in 2009.)
Enacting the bill would not affect direct spending or revenues.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated Cost to the Federal Government: The estimated
budgetary impact of S. 1218 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
Authorization Level................................................ 13 15 18 23 20
Estimated Outlays.................................................. 5 10 18 22 25
----------------------------------------------------------------------------------------------------------------
Basis of Estimate: For this estimate, CBO assumes that the
amounts authorized by the legislation will be appropriated for
each fiscal year and that outlays will follow historical
spending patterns for similar activities.
The bill would authorize the appropriation of between $10
million and $20 million a year over the 2004-2008 period for
NOAA's oceans and human health initiative. Most of those funds
would be used to provide grants to public and private research
centers and individuals. (For fiscal year 2003, NOAA received
an appropriation of $8 million to provide research grants under
the oceans and human health initiative.) The bill also would
authorize the appropriation of $3 million a year over the 2004-
2007 period for NOAA to collect and disseminate research
findings and other information on the relationship between
oceans and human health.
Intergovernmental and private-sector impact: S. 1218
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs; Deborah Reis; Impact
on State, Local, and Tribal Governments: Marjorie Miller; and
Impact on the Private Sector: Paige Piper/Bach.
Estiamte approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
The reported bill would require the development of a Federal
interagency program on oceans and human health. It does not
authorize any new regulations and therefore should not subject
any individuals or businesses to new regulations.
ECONOMIC IMPACT
Section 6 of the reported bill would authorize $10,000,000
for FY 2004, $12,000,000 for FY 2005, $15,000,000 for FY 2006,
$20,000,000 for FY 2007, and $20,000,000 for FY 2008 for the
Secretary of Commerce to carry out the NOAA OHH Initiative. It
also would authorize $5,000,000 for each of FYs 2004 through
2007 for the public information and risk assessment program.
These funding levels are relatively modest and are not expected
to have an inflationary impact on the nation's economy.
PRIVACY
The reported bill would not have any adverse impact on the
personal privacy of individuals.
PAPERWORK
S. 1218 would not impose any new paperwork requirements on
private citizens or businesses that do not choose to seek
research grants as authorized under section 4; entities
choosing to seek research grants may be subject to some changes
in the paperwork requirements of the program.
Section-by-Section Analysis
Section 1. Short Title.
This section cites the short title as the ``Oceans and Human
Health Act''.
Section 2. Findings and Purposes.
This sections includes a number of Congressional findings, as
follows:
(1) the oceans' biodiversity provides essential
resources;
(2) biodiversity research helps scientists understand
human and marine health;
(3) oceans drive climate and weather that can affect
human health;
(4) oceans act as a vector for transmission of human
diseases;
(5) harmful algal bloom and hypoxia events have
increased, threatening marine resources and coastal
communities;
(6) Federal programs and resources support research
on these issues, with limited progress; and
(7) national investment in a research and monitoring
program on oceans and human health would enhance public
health.
The purposes of this Act are to provide for presidential
support and coordination of interagency ocean sciences
programs, and development and coordination of a research and
monitoring program on the role of oceans in human health.
Section 3. Interagency Oceans and Human Health Research Program.
This section would provide for the establishment of an
Interagency OHH Program to be coordinated and supported by the
NSTC.
Subsection (a) would direct the NSTC to establish a Committee
on Oceans and Human Health comprised of at least one
representative from NOAA, NSF, National Institutes of Health
(NIH), CDC, EPA, FDA, Department of Defense (DoD), Department
of Homeland Security (DHS), and other agencies and departments
deemed appropriate by the NSTC. This section also would provide
for the biennial selection of a Chairman of the Committee, who
shall represent an agency that contributes substantially to the
Interagency OHH Program.
Subsection (b) would direct the NSTC, through the Committee
on Oceans and Human Health, to submit to Congress, within one
year of enactment, a 10-year implementation plan for
coordinated Federal activities under the Interagency OHH
Program. In developing the plan, the Committee would be
required to consult with the Inter-Agency Task Force on Harmful
Algal Blooms and Hypoxia, and nothing in the plan required
under this section would duplicate or supercede that Task
Force's work. The implementation plan would complement the
ongoing activities of NOAA, NSF, NIEHS, and other departments
and agencies, and--
(1) establish the Federal research goals and
priorities related to oceans and human health;
(2) describe specific activities required to achieve
such goals;
(3) identify relevant Federal programs and activities
that would contribute to the Interagency OHH Program;
(4) consider and use reports and studies conducted by
Federal agencies and departments, the National Research
Council, the Ocean Research Advisory Panel, the United
States Commission on Ocean Policy, and other entities;
(5) make recommendations for the coordination of
national and international programs; and
(6) estimate Federal funding for research activities
to be conducted under the Interagency OHH Program.
Subsection (c) would outline the scope of the Interagency OHH
Program, which is to include the following activities--
(1) interdisciplinary and coordinated research and
activities to improve our understanding of how ocean
processes and marine organisms can relate to human
health and contribute to medicine and research;
(2) coordination with the National Ocean Research
Leadership Council (established under 10 U.S.C.
7902(a)) to ensure any ocean and coastal observing
system provides information necessary to monitor,
predict, and reduce marine public health problems;
(3) development through partnerships of new
technologies and approaches for detecting and reducing
hazards to human health from ocean sources and for
strengthening understanding of the value of marine
biodiversity to biomedicine; and
(4) support for scholars, trainees, and educational
opportunities that encourage an interdisciplinary and
international approach to marine life research.
Section 4. National Oceanic and Atmospheric Administration Oceans and
Human Health Initiative.
This section would authorize a NOAA initiative on Oceans and
Human Health that would coordinate NOAA activities on oceans
and human health as well as coordinate with the Interagency OHH
Program.
Subsection (a) would direct the Secretary of Commerce to
develop an OHH Initiative, consistent with the interagency
program developed under section 3, that would coordinate and
implement research and activities within NOAA related to the
role of the oceans in human health. In establishing the
program, the Secretary would be required to consult with other
Federal agencies conducting integrated ocean health research or
research in related areas, including the CDC, NSF, and NIEHS.
The NOAA OHH Initiative would provide support for program and
research coordination, an advisory panel, NOAA national
center(s) of excellence, research grants, and distinguished
scholars and traineeships.
Under subsection (b) of section 4, the Secretary would
establish an oceans and human health advisory panel to assist
in the NOAA OHH Initiative development and implementation.
Membership of the advisory group would include a balanced
representation of individuals with multi-disciplinary expertise
in the marine and biomedical sciences. The subsection would
provide that the Federal Advisory Committee Act (5 U.S.C. App.
1) shall not apply to the panel.
Subsection (c) would direct the Secretary to, through a
competitive process, establish and support centers of
excellence that strengthen NOAA's capabilities to carry out
programs and activities related to the oceans' role in human
health. These centers shall complement and be in addition to
any centers of excellence for oceans and human health
established through NSF or NIEHS. The centers would focus on
areas related to NOAA missions, including the use of marine
organisms as indicators for marine environmental health, ocean
pollutants, marine toxins and pathogens, harmful algal blooms,
hypoxia, seafood testing, drug discovery, biology and
pathobiology of marine mammals, and such disciplines as marine
genomics, marine environmental microbiology, ecological
chemistry, and conservation medicine. The Secretary is directed
to consider the need for geographic representation and to
encourage proposals that have strong scientific and
interdisciplinary merit and partnership approaches.
Subsection (d) would authorize the Secretary of Commerce to
provide grants for research and projects on oceans and human
health that complement or strengthen NOAA-related programs and
activities. In implementing this subsection, the Secretary is
directed to consult with the oceans and human health advisory
panel and the National Sea Grant College Program, and may work
with other agencies in the Interagency OHH Program to establish
joint criteria for such research projects. This subsection
specifies that the grants shall be awarded through a peer-
review process that may be conducted jointly with other
agencies participating in the Interagency OHH Program or under
the National Oceanographic Partnership Program (10 U.S.C.
7901).
Subsection (e) would direct the Secretary to provide
financial assistance to support distinguished scholars working
in collaboration with NOAA scientists and facilities. The
Secretary also would be authorized to establish a training
program, in consultation with NIEHS and NSF, for scientists
early in their careers who are interested in oceans and human
health.
Section 5. Public Information and Outreach.
Subsection (a) of this section would direct the Secretary of
Commerce, in consultation with the CDC, FDA, EPA, and the
States, to design and implement a national public information
and outreach program on potential ocean-related human health
risks. The outreach program would collect and analyze
information, disseminate the results (to relevant Federal,
State, public, industry or other interested parties), provide
advice regarding precautions against illness or hazards, and
make recommendations on observing systems that would support
the program.
Subsection (b) would require the Secretary, in consultation
with the CDC, FDA, EPA, and the States, to assess health risks
and benefits associated with the consumption and handling of
seafood.
Section 6. Authorization of Appropriations.
This section would authorize funding for the NOAA OHH
Initiative established under section 4, and the public
information and risk assessment program established under
section 5.
Subsection (a) would authorize funding to be appropriated to
the Secretary of Commerce to carry out the initiative under
section 4 as follows: $10,000,000 for FY 2004; $12,000,000 for
FY 2005; $15,000,000 for FY 2006; $20,000,000 for FY 2007; and
$20,000,000 for FY 2008.
Subsection (b) would authorize $5,000,000 for each of FYs
2004 through 2007 for the public information and risk
assessment program established under section 5.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, the Committee states that the bill as
reported would make no change to existing law.