[Senate Report 111-296]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 573
111th Congress
 2d Session                      SENATE                          Report
                                                                111-296
_______________________________________________________________________

                                    

                                                       

 
          OCEANS AND HUMAN HEALTH REAUTHORIZATION ACT OF 2010

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1252





                                     

               September 20, 2010.--Ordered to be printed

                    U.S. GOVERNMENT PRINTING OFFICE
89010                       WASHINGTON : 2010

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred eleventh congress
                             second session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        JOHN ENSIGN, Nevada
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      GEORGE S. LeMIEUX, Florida
MARK PRYOR, Arkansas                 JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri           DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota             SAM BROWNBACK, Kansas
TOM UDALL, New Mexico                MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                     Bruce Andrews, General Counsel
                 Ann Begeman, Republican Staff Director
              Brian Hendricks, Republican General Counsel
                Todd Bertoson, Republican Senior Counsel
                                                       Calendar No. 573
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-296

======================================================================




          OCEANS AND HUMAN HEALTH REAUTHORIZATION ACT OF 2010

                                _______
                                

               September 20, 2010.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                                 REPORT

                         [To accompany S. 1252]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1252) to promote oceans and 
human health and for other purposes, 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. 1252, the Oceans and Human Health 
Reauthorization Act of 2010, is to promote interagency research 
to improve our understanding of the role of oceans, coasts, and 
Great Lakes in human health and to deliver information, 
products, and services to assist the nation in reducing public 
health risks and enhancing health benefits from the ocean.

                          Background and Needs

  Over the last several decades, ocean, coastal, and Great 
Lakes waters have become conduits for environmental threats to 
human health. Infectious disease, harmful toxins from algae, 
and chemical pollutants endanger humans through contact with 
contaminated seafood, polluted drinking water, and dirty 
beaches. At the same time, there exists significant and largely 
unrealized potential for marine plants, animals, and microbes 
to provide products that benefit human health, such as anti-
cancer, anti-inflammatory, and antibiotic medicines. The 
interactions between oceans, coasts, and Great Lakes and human 
health are inextricably linked. It is therefore important to 
understand the relationship between environmental stressors, 
coastal conditions, and human health.
  The majority of the world's population lives in coastal 
areas, and is exposed to potential hazards associated with the 
marine environment. Humans are vulnerable to health risks in 
the form of viral, bacterial, protozoal agents and algal toxins 
in marine ecosystems primarily through the ingestion of 
contaminated seafood, direct contact with seawater, and sea 
spray containing toxins. These agents can move through the 
marine system in several ways. Estuarine, coastal, and ocean 
basin circulation, tides, and temperatures can affect the 
distribution and proliferation of disease-causing organisms and 
their vectors. Human activities contribute to the problem 
through sewage disposal, nutrient runoff from agriculture and 
other land uses (sources of Hepatitis A., poliovirus, E.coli, 
and salmonella in the marine environment), and the transfer of 
organisms via ballast water (e.g. the marine pathogenic 
bacteria Vibrio cholera). Climate and weather systems can 
rapidly spread disease through short, dramatic events such as 
tsunamis, storm surges, and heavy rains and winds. These 
systems can also contribute to long-term oceanic and climatic 
trends such El Nino and Pacific Decadal Oscillation.
  Diseases are being detected more frequently in marine 
organisms, and these species can often be used as indicators of 
the status of contaminants in the marine environment. Algal 
toxins, viral epizootics, and other toxins can impact marine 
mammals and cause increased mortality, reproductive failure, 
and depression of the immune system. These impacts can be 
useful indicators of marine ecological health as a whole. The 
mechanisms of disease within these organisms may also be 
studied and evaluated to determine similar mechanisms in 
humans, and to develop potential treatments.
  The rich biodiversity in the marine environment represents an 
important biomedical resource, a promising source of novel 
compounds with therapeutic potential, and a potentially 
significant contribution to the national economy. Virtually 
every type of life that exists on this planet is found in the 
sea and many types of plants and animals are exclusively found 
in the marine environment. While the oceans are a repository 
for much of our biodiversity, little of it has been catalogued 
or studied. We have only begun to explore the potential of 
marine organisms to produce chemicals for treating diseases. 
Historically, microorganisms are the most prolific sources for 
new drugs and the marine environment is a major, untapped 
resource for bacteria and other microorganisms. Some studies of 
marine organisms have sparked new areas of investigation in 
cancer research, immunology, inflammatory joint diseases, 
kidney physiology, and neurochemistry. Currently, at least two 
anticancer drugs produced by marine microbes are in clinical 
trials for the treatment of various forms of cancer. 
Considering the growth in drug-resistant infectious diseases, 
marine bacteria and fungi may be the next great source of new 
antibiotics to control human infectious diseases. All of these 
facts strongly suggest that there is a need for more research 
in this area.
  Studying the impacts of oceans, coasts, and Great Lakes on 
human health is a relatively new interdisciplinary research 
field that brings together oceanographers and biomedical 
researchers to better understand marine processes, reduce 
public health risks, and enhance our biomedical capabilities. 
Pioneering scientists are needed to tackle marine environmental 
issues that affect both human and marine life, such as ocean 
pollution, marine pathogens, and potential drug discoveries. In 
2004, the U.S. Commission on Ocean Policy called for a 
coordinated research effort to understand the intersections 
between oceans and human health. The same year, the Congress 
passed the Ocean and Human Health Act as part of the 
Consolidated Appropriations Act, 2005. It established an 
interagency program to develop a Federal multidisciplinary 
research program to advance scientific understanding of the 
connections between oceans and human health, provide useable 
information for the prediction of marine-related public health 
problems, and use of biological potential of the oceans for 
development of new treatments of human diseases and a greater 
understanding of human biology.
  The Act also established the National Oceanic and Atmospheric 
Administration (NOAA) Ocean and Human Health Initiative (OHHI) 
to coordinate and implement the agency's research and 
activities related to the role of the oceans, the coasts, and 
the Great Lakes in human health. OHHI has begun to explore 
potential medicines and other products from the sea, and 
develop ways to enhance the quality of seafood. Working with 
other Federal agencies and academic partners, the OHHI has also 
highlighted current and emerging ocean-related health risks, 
which are in most cases on the rise, or are changing in 
frequency, intensity, and distribution.
  Research in oceans and human health is challenging due to its 
interdisciplinary and pioneering nature. However, the need to 
support this field of research is becoming increasingly clear.

                         Summary of Provisions

  S. 1252 would amend and strengthen the Oceans and Human 
Health Act of 2004 to enhance scientific research, education, 
and training on the connections between human health and the 
oceans, the coasts, and the Great Lakes. The bill would direct 
the President, working through the National Science and 
Technology Council (NSTC), to deliver information, products, 
and services to assist the nation in reducing public health 
risk, and enhancing health benefits from the ocean, coasts, and 
Great Lakes.
  S. 1252 would require the Director of the Office of Science 
and Technology Policy (OSTP) to revise and update the 2007 
Interagency Oceans and Human Health Research Implementation 
Plan within two years after the date of enactment and every 
five years afterwards. The updated Plan would define the roles 
of Federal agencies and departments in order to avoid 
duplication of activities and coordinate efforts in support of 
the Interagency Oceans and Human Health Research Program; 
establish the goals and priorities for Federal research for a 
10-year period, including specific activities required to 
achieve the goals and priorities; and estimate funding needed 
for the program. The Plan would build on and complement the 
ongoing research, surveillance, and outreach activities of 
NOAA, the National Science Foundation, the National Institutes 
of Health (including the National Institute of Environmental 
Health Sciences), the Center for Disease Control and 
Prevention, and the Environmental Protection Agency.
  The bill would focus the scope of the interagency program on 
(1) supporting interdisciplinary research among the ocean, 
atmospheric, and medical sciences, and coordinated research and 
activities to improve understanding of processes within the 
ocean that may affect human and marine animal health; (2) 
coordinating Federal agencies' research and activities to 
ensure that any integrated ocean and coastal observing system 
provides information necessary to monitor and reduce marine 
public health problems; (3) developing new technologies and 
approaches for detecting and reducing hazards to human health 
from ocean sources through partnerships among Federal agencies, 
States, academic institutions, or non-profit research 
organizations; and (4) supporting educational opportunities 
that encourage an interdisciplinary and international approach 
to exploring the diversity of life in the oceans.
  The Director of OSTP, through the NSTC, would be required to 
submit a biennial report to the President and Congress that 
summarizes the achievement of Federal oceans and human health 
research, provides an analysis of the progress made towards 
achieving the goals and objects of the implementation research 
plan, provides a budget summary for oceans and human health 
activities, and recommends actions, funding needs, or 
legislation necessary to achieve the purposes of the Act.
  S. 1252 would authorize the Secretary of Commerce to 
establish an Oceans and Human Health Program (OHHP) at NOAA. 
The Program would be responsible for coordinating and 
implementing NOAA's research and activities related to the role 
of the oceans, the coasts, and the Great Lakes in human health. 
The bill would require the Secretary to coordinate NOAA's OHHP 
activities with other Federal agencies. It also would direct 
the Secretary to develop a strategic implementation plan with 
defined goals and benchmarks for the OHHP, including 
transitioning research into program operations and 
applications.
  The bill would reauthorize NOAA's competitive extramural 
research grant program, training, and distinguished scholars 
programs. The bill would authorize $60 million for each of 
fiscal years 2010 through 2014.

                          Legislative History

  Senator Rockefeller introduced the Oceans and Human Health 
Reauthorization Act of 2009 on June 11, 2009. Senators Inouye 
and Cantwell are cosponsors of the legislation. On June 9, 
2009, the Commerce Subcommittee on Oceans, Atmosphere, 
Fisheries, and the Coast Guard held a hearing entitled ``The 
Blue Economy: The Role of Oceans in our Nation's Economic 
Future'' that addressed the legislation. Witnesses at the 
hearing discussed the impact of the marine environment on human 
health and the need for increased research in this field, 
particularly in the area of marine natural products discovery 
and commercialization. On March 24, 2010, the Committee met in 
open executive session and ordered S. 1252 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:

                                                     April 6, 2010.
Hon. John D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1252, the Oceans and 
Human Health Reauthorization Act of 2010.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 1252--Oceans and Human Health Reauthorization Act of 2010

    Summary: S. 1252 would authorize the appropriation of $60 
million over the 2010-2014 period for research on oceans and 
human health issues. Those funds 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. 1252 would cost $57 million over 
the 2010-2015 period--of which $4 million stems from an 
existing appropriation for 2010--and $3 million after 2015. 
Pay-as-you-go procedures do not apply to this legislation 
because it would not affect direct spending or revenues.
    S. 1252 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. 1252 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(environment and natural resources).

----------------------------------------------------------------------------------------------------------------
                                                                By fiscal year, in millions of dollars--
                                                      ----------------------------------------------------------
                                                        2010    2011    2012    2013    2014    2015   2010-2015
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law:\a\
    Budget Authority.................................       4       0       0       0       0       0         4
    Estimated Outlays................................       3       1       0       0       0       0         4
Proposed Changes:
    Estimated Authorization Level....................       8      12      12      12      12       0        56
    Estimated Outlays................................       1       9      12      13      13       5        53
Estimated Spending Under S. 1252:
    Estimated Authorization Level....................      12      12      12      12      12       0        60
    Estimated Outlays................................       4      10      12      13      13       5       57
----------------------------------------------------------------------------------------------------------------
\a\NOAA's Oceans and Human Health Program has already received an appropriation of $4 million for 2010.

    Basis of estimate: For this estimate, CBO assumes that the 
authorized funds will be appropriated in equal amounts over the 
2010-2014 period and that outlays will follow historical 
spending patterns for similar NOAA programs.
    S. 1252 would authorize the appropriation of $60 million 
over the 2010-2014 period for NOAA's Oceans and Human Health 
Program. Most of those funds would be used to provide grants to 
public and private research centers and individuals. An 
additional portion of those funds would be used to fund the 
collection and dissemination of research findings and other 
information on the relationship between oceans and human 
health. Since 2006, appropriations for activities related to 
the Oceans and Human Health Program have averaged $4 million a 
year, including $4 million in 2010. Assuming appropriation of 
the authorized amounts, CBO estimates that implementing the 
legislation would cost an additional $53 million over the 2010-
2015 period and $3 million after 2015.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: S. 1252 
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: Jeff LaFave; Impact on 
State, Local, and Tribal Governments: Ryan Miller; Impact on 
the Private Sector: Amy Petz
    Estimate approved by: Theresa Gullo, Deputy 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

  S. 1252 would promote interagency research to improve our 
understanding of the role of oceans, coasts, and Great Lakes in 
human health and to deliver information, products, and services 
to assist the nation in reducing public health risks, and 
enhancing health benefits, from the ocean. It does not 
authorize any new regulations, and therefore would not subject 
any individuals or businesses to new regulations.

                            ECONOMIC IMPACT

  The bill would authorize annual appropriations of $60 million 
for each of fiscal years 2010 through 2014 for NOAA and require 
that not less than 50 percent of the amounts appropriated in 
each fiscal year to carry out the OHHP be used to support the 
extramural grant, distinguished training, and scholars 
programs. These funding levels 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. 1252 would not increase paperwork requirements for the 
private sector.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short Title; Amendment of Oceans and Human Health Act

  This section would designate the short title of the bill the 
Oceans and Human Health Reauthorization Act of 2010. The 
section would also clarify that wherever in the Act an 
amendment of 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.).

Section 2. Interagency Oceans and Human Health Research Program

  This section would direct the President, working through 
NSTC, to coordinate a national interagency research program 
(interagency program) to improve understanding of the roles of 
oceans, coasts, and Great Lakes in human health and to deliver 
information, products and services to assist the Nation in 
reducing public health risks and enhancing health benefits from 
the ocean, coasts, and Great Lakes. The NSTC would revise and 
update the 2007 Interagency Oceans and Human Health Research 
Implementation Plan within two years after the date of 
enactment of the Act, and every five years thereafter. The 
updated Plan would define the roles of Federal agencies and 
departments in order to avoid duplication of activities and 
coordinate efforts in support of the research program, and 
build on the ongoing research, surveillance, and outreach 
activities of NOAA, the National Institutes of Health 
(including the National Institutes of Environmental Health 
Sciences), the Centers for Disease Control and Prevention, and 
the U.S. Environmental Protection Agency.
  The updated Plan would (1) establish, for a 10-year period, 
the goals and priorities for the interagency program; (2) 
describe activities required to achieve such goals and 
priorities; (3) identify relevant programs and activities of 
the Federal agencies and departments that would contribute to 
the interagency program; (4) identify alternatives for 
preventing unnecessary duplication of effort among Federal 
agencies and departments with respect to the program; (5) make 
recommendations for the coordination of program activities with 
ocean and human health-related activities of other national and 
international organizations; and (6) estimate funding needed 
for research, surveillance, education, and outreach activities 
to be conducted within and supported by Federal agencies under 
the program.
  This section would define the interagency program's scope to 
(1) support interdisciplinary research among the ocean, 
atmospheric, and medical sciences and coordinated research and 
activities that may affect human and marine animal health and 
to explore the potential contribution of marine organisms to 
medicine and research; (2) coordinate with the appropriate 
interagency working group(s) of the Joint Subcommittee on Ocean 
Science and Technology or its successor body, through the NSTC; 
and (3) develop, through partnerships among Federal agencies, 
States, academic institutions, or non-profit research 
organizations, new technologies and approaches for detecting 
and reducing hazards to human health from ocean sources and to 
strengthen understanding of the value of marine biodiversity to 
biomedicine.
  This section would require the NSTC to prepare and submit a 
biennial report on the activities of the interagency program. 
The biennial report would include: (1) a summary of the 
achievements of Federal oceans and human health research; (2) 
an analysis of the progress made toward achieving the goals and 
objectives of the Implementation Research Plan; (3) a copy of 
the plan and any changes made in the plan; (4) a summary of 
agency budgets for oceans and human health activities for the 
preceding two fiscal years; and (5) any recommendations 
regarding additional action, funding needs, or legislation that 
may be required to support the Program.

Section 3. National Oceanic and Atmospheric Administration Oceans and 
        Human Health Program

  This section would direct the Secretary of Commerce to 
establish the OHHP to coordinate and implement research and 
activities of NOAA related to the role of the oceans, the 
coasts, and the Great Lakes in human health. The OHHP would 
link research programs with operational activities focused on 
forecasting to provide early warning and prediction of long-
term health impacts; surveillance to recognize emerging threats 
to public health; assessment of risk perception, management, 
and response; and development of ocean health products and 
services.
  This section would authorize the OHHP to provide support for 
(1) centralized program and research coordination; (2) an 
external advisory panel; (3) one or more NOAA national centers 
of excellence; (4) one or more diagnostic laboratories to 
provide processing of marine organism samples; (5) 
transitioning scientific discoveries from research activities 
into applications; (6) research grants; and (7) distinguished 
scholars and traineeships.
  This section would authorize the Secretary to establish an 
oceans and human health advisory panel to assist in the 
development and implementation of the OHHP. It would also 
reauthorize NOAA's competitive program to support centers of 
excellence that strengthen NOAA's ability to carry out its 
oceans and human health programs and activities. The section 
would clarify that the centers would focus on areas related to 
the program scope as defined Section 902(c) (33 U.S.C. 
3101(c)). Further, this section would reauthorize the OHHP 
extramural research grants, training program, and distinguished 
scholarship programs.
  The section would authorize the Secretary to execute and 
perform any contracts, leases, grants, or cooperative 
agreements that may be necessary to carry out the purposes of 
the OHHP.
  This section would require the OHHP to work with the 
Integrated Ocean Observing System, the Harmful Algal Blooms and 
Hypoxia Program, and other NOAA programs to support ocean and 
human health research.

Section 4. Public Information and Outreach

  This section would direct the Secretary of Commerce to design 
and implement a program to disseminate information developed 
under the OHHP, which will be made available to interested 
persons and parties.

Section 5. Authorization of Appropriations

  This section would authorize $60 million for each of fiscal 
years 2010 through 2014. This section would require that not 
less than 50 percent of the amounts appropriated in each fiscal 
year to carry out the OHHP be used to support the extramural 
grant, distinguished scholars, and training programs.

Section 6. Oceans Defined to Include Great Lakes

  This section would amend the Oceans and Human Health Act to 
include the Great Lakes within the definition of the term 
``oceans'' for purposes of title IX of the Act.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                      OCEANS AND HUMAN HEALTH ACT

SEC. 902. INTERAGENCY OCEANS AND HUMAN HEALTH RESEARCH PROGRAM.

                            [33 U.S.C. 3101]

  (a) Coordination.--The President, through the National 
Science and Technology Council, shall coordinate and support a 
national research program to improve understanding of the role 
of the [oceans in human health.] oceans, coasts, and Great 
Lakes 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.--Within 1 year after the date of 
enactment of the Act, the National Science and Technology 
Council, through the Director of the Office of Science and 
Technology Policy shall develop and submit to the Congress a 
plan for coordinated Federal activities under the 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). In developing the plan, the 
Committee will consult with the Inter-Agency Task Force on 
Harmful Algal Blooms and Hypoxia. Such plan will build on and 
complement the ongoing activities of the National Oceanic and 
Atmospheric Administration, the National Science Foundation, 
and other departments and agencies and shall--]
  (b) Implementation Plan.--Within 2 years after the date of 
the enactment of the Oceans and Human Health Reauthorization 
Act of 2010, and every 5 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, 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, and other Federal 
departments and agencies, and shall--
          (1) establish, for the 10-year period beginning in 
        the year it is submitted, the goals and priorities for 
        Federal research which most effectively advance 
        scientific understanding of the connections between the 
        oceans and human health, provide usable information for 
        the [prediction] prediction, surveillance, forecasting, 
        and mitigation of marine-related public health problems 
        and use the biological and chemical potential of the 
        oceans for development of new products for the 
        prevention and treatments of human diseases and a 
        greater understanding of human biology;
          (2) describe specific activities required to achieve 
        such goals and priorities, including the funding of 
        competitive research grants, ocean and coastal 
        observations, [training and support for scientists, and 
        participation in international research efforts;] 
        Federal research centers, training, and support for 
        scientists, and participation in national and 
        international research and outreach efforts, including 
        outreach to the medical community and the public;
          (3) identify and address, as appropriate, relevant 
        programs and activities of the Federal agencies and 
        departments that would contribute to the program;
          (4) identify alternatives for [preventive] preventing 
        unnecessary duplication of effort among Federal 
        agencies and departments with respect to the program;
          (5) consider and use, as appropriate, reports and 
        studies conducted by Federal agencies and departments, 
        the National Research Council, the Ocean Resources 
        Research Advisory Panel, the Commission on Ocean Policy 
        and other expert scientific bodies;
          (6) make recommendations for the coordination of 
        program activities with ocean and human health-related 
        activities of other national and international 
        organizations; and
          [(7) estimate Federal funding for research activities 
        to be conducted under the program.]
          (7) estimate funding needed for research, 
        surveillance, education, and outreach activities to be 
        conducted within and supported by Federal agencies 
        under the program.
  (c) Program Scope.--The program may include the following 
activities related to the role of oceans in human health:
          [(1) Interdisciplinary research among the ocean 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- and water-borne diseases of 
                humans and marine organisms, including marine 
                mammals and fish;
                  [(B) harmful algal blooms and hypoxia 
                (through the Inter-Agency Task Force on Harmful 
                Algal Blooms and Hypoxia);
                  [(C) marine-derived pharmaceuticals;
                  [(D) marine organisms as models for 
                biomedical research and as indicators of marine 
                environmental health;
                  [(E) marine environmental microbiology;
                  [(F) bioaccumulative and endocrine-disrupting 
                chemical contaminants; and
                  [(G) predictive models based on indicators of 
                marine environmental health or public health 
                threats.
          [(2) Coordination with the National Ocean Research 
        Leadership Council (10 U.S.C. 7902(a)) to ensure that 
        any integrated ocean and coastal observing system 
        provides information necessary to monitor and reduce 
        marine public health problems including health-related 
        data on biological populations and detection of 
        contaminants in marine waters and seafood.]
          (1) Interdisciplinary research among the ocean, 
        atmospheric, 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 based on indicators of 
                marine environmental health or public health 
                threats; 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.
          (2) Coordination with appropriate interagency working 
        groups of the Joint 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.
          (3) Development through partnerships among Federal 
        agencies, States, academic institutions, or non-profit 
        research organizations of new technologies and 
        approaches for detecting and reducing hazards to human 
        health from ocean sources and to strengthen 
        understanding of the value of marine biodiversity to 
        biomedicine, including--
                  (A) [genomics and proteomics] genomics, 
                proteomics, metabolomics, and other related 
                sciences to develop genetic and immunological 
                detection approaches and predictive tools and 
                to discover new biomedical resources;
                  (B) biomaterials and bioengineering;
                  [(C) in situ and remote sensors used to 
                detect, quantify, and predict the presence and 
                spread of contaminants in marine waters and 
                organisms and to identify new genetic resources 
                for biomedical purposes;]
                  (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, coastal, and Great Lakes waters, 
                        sediments, organisms, and seafood; and
                          (ii) to identify new genetic 
                        resources for biomedical purposes;
                  (D) techniques for supplying marine 
                resources, including chemical synthesis, 
                culturing and aquaculturing marine organisms, 
                new fermentation methods and recombinant 
                techniques; and
                  (E) adaptation of [equipment and 
                technologies] equipment, technologies, and 
                methodologies from human health fields.
          (4) Support for scholars, trainees and education 
        opportunities that encourage an interdisciplinary and 
        international approach to exploring the diversity of 
        life in the oceans.
  (d) [Annual] Biennial Report.--[Beginning with the first year 
occurring more than 24 months after the date of enactment of 
the Act, the] The National Science and Technology Council, 
through the Director of the Office of Science and Technology 
Policy shall prepare and submit to the President and the 
Congress not later than January 31st of [each year an annual] 
alternate years a biennial report on the activities conducted 
pursuant to this title during the preceding fiscal [year,] 
years, including--
          (1) a summary of the achievements of Federal oceans 
        and human health research, including Federally 
        supported external research, during the preceding 
        [fiscal year;] 2 fiscal years;
          (2) an analysis of the progress made toward achieving 
        the goals and objectives of the plan developed under 
        subsection (b), including identification of trends and 
        emerging trends;
          (3) a copy or summary of the plan and any changes 
        made in the plan;
          (4) a summary of agency budgets for oceans and human 
        health activities for [that preceding fiscal year;] the 
        preceding 2 fiscal years; and
          (5) any recommendations regarding additional [action] 
        action, funding needs, or legislation that may be 
        required to assist in achieving the purposes of this 
        title.

SEC. 903. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OCEANS AND 
                    HUMAN HEALTH INITIATIVE.

                            [33 U.S.C. 3102]

  [(a) Establishment.--As part of the interagency oceans and 
human health research program, the Secretary of Commerce is 
authorized to establish an Oceans and Human Health Initiative 
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. In carrying out this section, the Secretary shall 
consult with other Federal agencies conducting integrated 
oceans and human health research and research in related areas, 
including the National Science Foundation. The Oceans and Human 
Health Initiative is authorized to provide support for--
          [(1) centralized program and research coordination;
          [(2) an advisory panel;
          [(3) one or more National Oceanic and Atmospheric 
        Administration national centers of excellence;
          [(4) research grants; and
          [(5) distinguished scholars and traineeships.]
  (a) Establishment.--
          (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 include linking research programs with 
        operational activities focused on--
                  (A) forecasting to provide early warning and 
                prediction of long-term health impacts;
                  (B) surveillance to recognize emerging 
                threats to public health;
                  (C) assessment of risk perception, 
                management, and response; 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 
        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 National Institute of Environmental 
        Health Sciences, the U.S. Environmental Protection 
        Agency, and other agencies and departments. NOAA shall 
        develop a strategic implementation plan with defined 
        goals and benchmarks for the program, including--
                  (A) performance measurements to evaluate the 
                effectiveness of the program;
                  (B) plans to transition research into program 
                operations;
                  (C) ocean and human health indices to 
                quantify and track their changes over time;
                  (D) coordination of oceans and human health 
                related programs across NOAA and with partner 
                organizations; and
                  (E) prioritization of research.
          (3) Support function.--The Oceans and Human Health 
        Program shall provide support for--
                  (1) centralized program and research 
                coordination;
                  (2) an external advisory panel;
                  (3) one or more National Oceanic and 
                Atmospheric Administration national centers of 
                excellence;
                  (4) one or more diagnostic laboratories to 
                provide processing of marine organism samples;
                  (5) transitioning scientific discoveries from 
                research activities into applications;
                  (6) research grants; and
                  (7) distinguished scholars and training.
  (b) Advisory Panel.--The Secretary is authorized to establish 
an oceans and human health advisory panel to assist in the 
development and implementation of the Oceans and Human Health 
Initiative. Membership of the advisory group shall provide for 
balanced representation of individuals with multi-disciplinary 
expertise in the marine and biomedical [sciences.] sciences, 
including public health professionals, veterinarians, and other 
health professionals. The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the oceans and human health 
advisory panel.
  (c) National Centers.--
          (1) The Secretary is authorized to identify and 
        provide financial support through a competitive process 
        to develop, within the National Oceanic and Atmospheric 
        Administration, [for] one or more centers of excellence 
        that strengthen the capabilities of the National 
        Oceanic and Atmospheric Administration to carry out its 
        programs and activities related to the oceans' role in 
        human health.
          [(2) The centers shall focus on areas related to 
        agency missions, including use of marine organisms as 
        indicators for marine environmental health, ocean 
        pollutants, marine toxins and pathogens, harmful algal 
        blooms, hypoxia, seafood testing, identification of 
        potential marine products, and biology and pathobiology 
        of marine mammals, and on disciplines including marine 
        genomics, marine environmental microbiology, ecological 
        chemistry and conservation medicine.]
          (2) The centers shall focus on areas related to 
        agency missions and the program scope (as defined in 
        section 902(c)).
          (3) In selecting centers for funding, the Secretary 
        will give priority to proposals with strong 
        interdisciplinary scientific merit that encourage 
        educational opportunities and provide for effective 
        partnerships among the Administration, other Federal 
        entities, State, academic, non-profit research 
        organizations, medical, and industry participants.
  (d) Extramural Research Grants.--
          (1) The Secretary is authorized to provide grants of 
        financial assistance to the scientific community for 
        critical research and projects that explore the 
        relationship between the oceans and human health and 
        that complement or strengthen programs and activities 
        of the National Oceanic and Atmospheric Administration 
        related to the ocean's role in human health. Officers 
        and employees of Federal agencies may collaborate with, 
        and participate in, such research and projects to the 
        extent requested by the grant recipient. The Secretary 
        shall consult with the oceans and human health advisory 
        panel established under subsection (b) and may work 
        cooperatively with other agencies participating in the 
        interagency program to establish joint criteria for 
        such research and projects.
          (2) Grants under this subsection shall be awarded 
        through a competitive peer-reviewed, merit-based 
        process that may be conducted jointly with other 
        agencies participating in the interagency program.
          (3) Grants under this subsection shall support 
        research and activities within the program scope (as 
        defined in section 902(c)).
  [(e) Traineeships.--] (e) Training Program.--The Secretary of 
Commerce is authorized to establish a [program to provide 
traineeships, training,] competitive program to provide 
training, exposure, and experience to pre-doctoral and post-
doctoral students and to scientists at the beginning of their 
careers who are interested in the oceans in human health 
research conducted under the NOAA [initiative.] Ocean and Human 
Health Program.
  (f) Distinguished Scholars.--The Secretary of Commerce is 
authorized to 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) Cooperative 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 Integrated Ocean Observing System work together 
        to develop and deploy instruments for sensing and 
        predicting ocean changes linked to health, develop an 
        early warning system that detect biological and 
        chemical indicators, and to 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 avoid duplication of activities and 
        coordinate activities.
          (3) Other programs.--The Secretary shall ensure that 
        the Program also coordinates its efforts across NOAA to 
        support ocean and human health research and programs.
  (i) Report to Congress.--Within 6 months after the date of 
enactment of the Oceans and Human Health Reauthorization Act of 
2010, the Secretary shall report to the Congress on how NOAA 
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 NOAA 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, NOAA 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 these 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. 904. PUBLIC INFORMATION AND OUTREACH.

  (a) In General.--The Secretary of Commerce, in consultation 
with other Federal agencies, and in cooperation with the 
National Sea Grant [program,] program, relevant National Ocean 
Service and National Marine Fisheries Service programs, and 
institutions of higher education, shall design and implement a 
program to disseminate information developed under the NOAA 
Oceans and Human Health Initiative, including research, 
assessments, and findings regarding the relationship between 
oceans and human health, on both a regional and national scale. 
The information, particularly with respect to potential health 
risks, shall be made available in a timely manner to 
appropriate Federal or State agencies, involved industries, and 
other interested persons through a variety of means, including 
through the Internet.
  [(b) Report.--As part of this program, the Secretary shall 
submit to Congress an annual report reviewing the results of 
the research, assessments, and findings developed under the 
NOAA Oceans and Human Health Initiative, as well as 
recommendations for improving or expanding the program.]
  (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 NOAA Oceans and Human Health Program;
                  (B) the work of the Advisory Panel;
                  (C) how the Program is meeting the goals and 
                objectives of its strategic plan; and
                  (D) any recommendations the Secretary may 
                have for improving or expanding the program.
          (2) Combined reports.--The report required by 
        paragraph (1) may be the same as the NOAA input for the 
        interagency report required by section 902(d).

SEC. 905. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Secretary of 
Commerce to carry out the National Oceanic and Atmospheric 
Administration Oceans and Human Health [Initiative,] Program, 
$60,000,000 for fiscal years [2005 through 2008] 2010 through 
2014. Not less than 50 percent of the amounts appropriated to 
carry out the [initiative] Program shall be utilized in each 
fiscal year to support the extramural [grant and traineeship] 
grant, distinguished scholars, and training programs of the 
[Initiative.] Program.

SEC. 906. OCEANS DEFINED.

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

                                  
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