I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; AMENDMENT OF OCEANS AND 

4 HUMAN HEALTH ACT. 

5 (a) SHORT TITLE.—This Act may be cited as the 

6 ‘‘Oceans and Human Health Reauthorization Act of 

7 2011’’. 

8 (b) AMENDMENT OF OCEANS AND HUMAN HEALTH

9 ACT.—Except as otherwise expressly provided, whenever 

10 in this Act an amendment or repeal is expressed in terms 


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1 of an amendment to, or repeal of, a section or other provi2 sion, the reference shall be considered to be made to a 

3 section or other provision of the Oceans and Human 

4 Health Act (33 U.S.C. 3101 et seq.). 

5 SEC. 2. INTERAGENCY OCEANS AND HUMAN HEALTH RE6 SEARCH PROGRAM. 

7 (a) COORDINATION.—Section 902(a) (33 U.S.C. 

8 3101(a)) is amended by striking ‘‘oceans in human 

9 health.’’ and inserting ‘‘oceans in human health and de10 liver information, products, and services to assist the Na11 tion in reducing public health risks, and enhancing health 

12 benefits, from the ocean.’’. 

13 (b) IMPLEMENTATION PLAN.—Section 902(b) (33 

14 U.S.C. 3101(b)) is amended— 

15 (1) by striking the matter preceding paragraph 

16 (1) and inserting the following: 

17 ‘‘(b) IMPLEMENTATION PLAN.—Within 2 years after 

18 the date of the enactment of the Oceans and Human 

19 Health Reauthorization Act of 2011, and every 10 years 

20 thereafter, the National Science and Technology Council, 

21 through the Director of the Office of Science and Tech22 nology Policy, shall revise and update the 2007 ‘Inter23 agency Oceans and Human Health Research Implementa24 tion Plan’ and submit the updated plan to the Congress. 

25 The updated Plan shall define the roles of Federal agenVerDate Mar 15 2010 20:33 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3570.IH H3570

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1 cies and departments in order to avoid duplication of ac2 tivities and coordinate efforts in support of the research 

3 program. Nothing in this subsection is intended to dupli4 cate or supersede the activities of the Inter-Agency Task 

5 Force on Harmful Algal Blooms and Hypoxia established 

6 under section 603 of the Harmful Algal Bloom and Hy7 poxia Research and Control Act of 1998 (16 U.S.C. 1451 

8 note). The updated Plan shall build on and complement 

9 the ongoing research, monitoring, surveillance, and out10 reach activities of the National Oceanic and Atmospheric 

11 Administration, the National Science Foundation, the Na12 tional Institutes of Health (including the National Insti13 tute of Environmental Health Sciences), the Centers for 

14 Disease Control and Prevention, the U.S. Environmental 

15 Protection Agency, the Food and Drug Administration, 

16 and other Federal departments and agencies, and shall— 

17 ’’; 

18 (2) in paragraph (1)— 

19 (A) by striking ‘‘prediction’’ and inserting 

20 ‘‘monitoring, surveillance, prediction fore21 casting, and mitigation’’; 

22 (B) by inserting ‘‘and chemical’’ after ‘‘bi23 ological’’; and 

24 (C) by striking ‘‘treatments’’ and inserting 

25 ‘‘products for the prevention and treatment’’; 


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1 (3) in paragraph (2), by striking ‘‘training’’ 

2 and all that follows and inserting ‘‘Federal oceans 

3 and human health research centers, training, and 

4 support for scientists, and participation in national 

5 and international research and outreach efforts, in6 cluding outreach to the public health and medical 

7 communities, and the public;’’; 

8 (4) in paragraph (4), by striking ‘‘preventive’’ 

9 and inserting ‘‘preventing’’; 

10 (5) in paragraph (5), by inserting ‘‘the National 

11 Ocean Council,’’ after ‘‘the Ocean Research Advisory 

12 Panel,’’; and 

13 (6) by striking paragraph (7) and inserting the 

14 following: 

15 ‘‘(7) estimate funding needed for research, sur16 veillance, prediction, education, and outreach activi17 ties to be conducted within and supported by Fed18 eral agencies under the program.’’. 

19 (c) PROGRAM SCOPE.—Section 902(c) (33 U.S.C. 

20 3101(c)) is amended— 

21 (1) by striking paragraphs (1) and (2) and in22 serting the following: 

23 ‘‘(1) Interdisciplinary research among the 

24 ocean, atmospheric, biological, and medical sciences, 

25 and coordinated research and activities to improve 


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1 understanding of processes within the ocean that 

2 may affect human health and to explore the poten3 tial contribution of marine organisms to medicine 

4 and research, including— 

5 ‘‘(A) vector-, water-, and food-borne dis6 eases of humans and marine organisms, includ7 ing marine mammals, corals, fish, and shellfish; 

8 ‘‘(B) human health effects associated with 

9 harmful algal blooms and hypoxia (in collabora10 tion with the Inter-Agency Task Force on 

11 Harmful Algal Blooms and Hypoxia); 

12 ‘‘(C) marine-derived pharmaceuticals and 

13 other natural products; 

14 ‘‘(D) marine organisms and habitats as 

15 models for biomedical research and as indica16 tors of human health and well being and marine 

17 environmental health; 

18 ‘‘(E) marine environmental microbiology 

19 linked to human health; 

20 ‘‘(F) human health effects associated with 

21 legacy and emerging chemicals of concern, in22 cluding bioaccumulative and endocrine-dis23 rupting chemical contaminants; 

24 ‘‘(G) predictive models of public health 

25 risks based on indicators and assessments of 


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1 marine ecosystem health and marine animal 

2 health; and 

3 ‘‘(H) social, economic, and behavioral stud4 ies of relationships between the condition of 

5 oceans, coasts, and the Great Lakes and human 

6 health and well-being, risk communication, and 

7 decision-making processes. 

8 ‘‘(2) Coordination with appropriate interagency 

9 working groups of the Subcommittee on Ocean 

10 Science and Technology, or its successor body, 

11 through the National Science and Technology Coun12 cil, to ensure that any integrated ocean and coastal 

13 observing system provides information necessary to 

14 monitor and reduce marine public health problems, 

15 including climate change information, health-related 

16 data on biological populations, and detection of tox17 ins and contaminants in marine waters and sea18 food.’’; and 

19 (2) in paragraph (3)— 

20 (A) in subparagraph (A), by striking 

21 ‘‘genomics and proteomics’’ and inserting 

22 ‘‘genomics, proteomics, metabolomics, and other 

23 related sciences’’; 

24 (B) by striking subparagraph (C) and in25 serting the following: 


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1 ‘‘(C) in situ, laboratory, and remote sen2 sors— 

3 ‘‘(i) to detect, quantify, and predict 

4 the presence, distribution, concentration, 

5 toxicity, or virulence of infectious microbes, 

6 harmful algae, toxins, and chemical con7 taminants in ocean waters, sediments, or8 ganisms, and seafood; and 

9 ‘‘(ii) to identify new genetic resources 

10 for biomedical purposes;’’; and 

11 (C) in subparagraph (E), by striking 

12 ‘‘equipment and technologies’’ and inserting 

13 ‘‘equipment, technologies, and methodologies 

14 used in human health, and other fields, for ap15 plication to oceans and human health objec16 tives’’. 

17 (d) BIENNIAL REPORT.—Section 902(d) (33 U.S.C. 

18 3101(d)) is amended— 

19 (1) by striking ‘‘Annual’’ in the heading and in20 serting ‘‘Biennial’’; 

21 (2) in the matter preceding paragraph (1)— 

22 (A) by striking ‘‘Beginning with the first 

23 year occurring more than 24 months after the 

24 date of enactment of the Act, the’’ and insert25 ing ‘‘The’’; 


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1 (B) by striking ‘‘each year an annual’’ and 

2 inserting ‘‘alternate years a biennial’’; and 

3 (C) by striking ‘‘fiscal year’’ and inserting 

4 ‘‘2 fiscal years’’; 

5 (3) in paragraph (1), by striking ‘‘fiscal year;’’ 

6 and inserting ‘‘2 fiscal years;’’; 

7 (4) in paragraph (4), by striking ‘‘that pre8 ceding fiscal year;’’ and inserting ‘‘the preceding 2 

9 fiscal years;’’ and 

10 (5) in paragraph (5), by striking ‘‘action’’ and 

11 inserting ‘‘action, funding needs,’’. 

12 SEC. 3. NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS13 TRATION OCEANS AND HUMAN HEALTH PRO14 GRAM. 

15 (a) ESTABLISHMENT.—Section 903(a) (33 U.S.C. 

16 3102(a)) is amended to read as follows: 

17 ‘‘(a) PROGRAM.— 

18 ‘‘(1) IN GENERAL.—As part of the interagency 

19 oceans and human health research program, the 

20 Secretary of Commerce shall establish an Oceans 

21 and Human Health Program to coordinate and im22 plement research and activities of the National Oce23 anic and Atmospheric Administration related to the 

24 role of the oceans, the coasts, and the Great Lakes 

25 in human health. The program shall link National 


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1 Oceanic and Atmospheric Administration research 

2 programs with operational activities focused on— 

3 ‘‘(A) forecasting to provide early warning 

4 and prediction of near-term and long-term 

5 health risks; 

6 ‘‘(B) surveillance, monitoring and diag7 nosis to recognize emerging threats to public 

8 health; 

9 ‘‘(C) assessment of risk perception, man10 agement needs, and response actions; and 

11 ‘‘(D) developing ocean health products and 

12 services. 

13 ‘‘(2) COORDINATION WITH OTHER AGENCIES’ 

14 EFFORTS.—The Secretary shall consult with other 

15 Federal agencies conducting integrated oceans and 

16 human health research, monitoring, and disease sur17 veillance activities and research in related areas, in18 cluding the National Science Foundation, the Na19 tional Institutes of Health (including the National 

20 Institute of Environmental Health Sciences), the 

21 Centers for Disease Control and Prevention, the En22 vironmental Protection Agency, and other agencies 

23 and departments and shall coordinate the develop24 ment of a strategic implementation plan with defined 

25 goals and benchmarks for the program. 


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1 ‘‘(3) ADMINISTRATION.—To the extent practical 

2 based on appropriations, the Oceans and Human 

3 Health Program may provide support for— 

4 ‘‘(A) centralized program and research co5 ordination; 

6 ‘‘(B) an external advisory panel; 

7 ‘‘(C) one or more National Oceanic and 

8 Atmospheric Administration national centers of 

9 excellence that may include diagnostic labora10 tories to provide processing of marine organism 

11 samples; 

12 ‘‘(D) transitioning scientific discoveries 

13 from research activities into applications; 

14 ‘‘(E) research grants; and 

15 ‘‘(F) distinguished scholars and training.’’. 

16 (b) ADVISORY PANEL.—Section 903(b) (33 U.S.C. 

17 3102(b)) is amended by striking ‘‘sciences.’’ and inserting 

18 ‘‘sciences, including public health professionals, veterinar19 ians, and other health professionals.’’. 

20 (c) NATIONAL CENTERS.—Section 903(c) (33 U.S.C. 

21 3102(c)) is amended— 

22 (1) in paragraph (1), by striking ‘‘for’’; and 

23 (2) by striking paragraph (2) and inserting the 

24 following: 


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1 ‘‘(2) The centers shall focus on areas related to 

2 agency missions and the program scope (as defined 

3 in section 902(c)).’’. 

4 (d) EXTRAMURAL RESEARCH GRANTS.—Section 

5 903(d) (33 U.S.C. 3102(d)) is amended by adding at the 

6 end the following: 

7 ‘‘(3) Grants under this subsection shall support 

8 research and activities within the program scope (as 

9 defined in section 902(c)).’’. 

10 (e) TRAINING PROGRAM.—Section 903(e) (33 U.S.C. 

11 3102(e)) is amended— 

12 (1) by striking the heading and inserting ‘‘(e) 

13 TRAINING PROGRAM—’’; 

14 (2) by striking ‘‘program to provide 

15 traineeships, training,’’ and inserting ‘‘competitive 

16 program to provide training, exposure,’’; and 

17 (3) by striking ‘‘initiative.’’ and inserting 

18 ‘‘Oceans and Human Health Program.’’. 

19 (f) DISTINGUISHED SCHOLARS; COOPERATIVE

20 AGREEMENTS; COORDINATION; ETC.—Section 903 (33 

21 U.S.C. 3102) is amended by adding at the end the fol22 lowing: 

23 ‘‘(f) DISTINGUISHED SCHOLARS.—The Secretary of 

24 Commerce may establish a competitive program to recog25 nize highly distinguished external scientists in any area 


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1 of oceans and human health research and to involve those 

2 scientists in collaborative work with the NOAA Oceans 

3 and Human Health Program. 

4 ‘‘(g) AGREEMENTS.—The Secretary of Commerce 

5 may execute and perform such contracts, leases, grants, 

6 or cooperative agreements as may be necessary to carry 

7 out this section. 

8 ‘‘(h) COORDINATION.— 

9 ‘‘(1) INTEGRATED OCEAN OBSERVING SYS10 TEM.—The Secretary shall ensure that the Oceans 

11 and Human Health Program and the National Inte12 grated Coastal and Ocean Observation System work 

13 together to develop and deploy instruments for sens14 ing and predicting ocean changes linked to health, 

15 develop early warning systems that detect biological 

16 and chemical indicators, and support the data man17 agement and analysis functions to develop forecasts 

18 for ocean conditions that threaten health. 

19 ‘‘(2) HARMFUL ALGAL BLOOMS AND HY20 POXIA.—The Secretary shall ensure that the Oceans 

21 and Human Health Program and Harmful Algal 

22 Blooms and Hypoxia Program work together to co23 ordinate and avoid duplication of activities. 

24 ‘‘(3) OTHER PROGRAMS.—The Secretary shall 

25 ensure that the Program also coordinates its efforts 


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1 across the National Oceanic and Atmospheric Ad2 ministration to link and support ocean and human 

3 health-related research and programs. 

4 ‘‘(i) REPORT TO CONGRESS.—Within 6 months after 

5 the date of enactment of the Oceans and Human Health 

6 Reauthorization Act of 2011, the Secretary shall report 

7 to the Congress on how the National Oceanic and Atmos8 pheric Administration plans to implement the rec9 ommendations of its Science Advisory Board Working 

10 Group on Oceans and Health. 

11 ‘‘(j) OPERATIONAL PARAMETERS.— 

12 ‘‘(1) IN GENERAL.—The Secretary of Com13 merce shall operate the Oceans and Human Health 

14 Program as an interdisciplinary research, develop15 ment, and application program spanning the agency 

16 and in partnership with the external scientific and 

17 health communities. 

18 ‘‘(2) RESOURCES.—To achieve this vision and 

19 maximize potential for leveraging appropriations, the 

20 National Oceanic and Atmospheric Administration 

21 may— 

22 ‘‘(A) apply for, accept, use, and spend 

23 Federal, State, and private funds and in-kind 

24 contributions as necessary to further the mis25 sion of the program without regard to section 


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1 3302(b) of title 31, United States Code, and 

2 without regard to the source or of the period of 

3 availability of such funds; 

4 ‘‘(B) apply for and hold patents either 

5 solely or in partnership with others and receive 

6 royalties from patents or licenses; and 

7 ‘‘(C) share personnel and facilities with 

8 public and private partners as well as provide 

9 and accept reimbursement for the sharing of 

10 such personnel and facilities.’’. 

11 SEC. 4. PUBLIC INFORMATION AND OUTREACH. 

12 (a) IN GENERAL.—Section 904(a) (33 U.S.C. 

13 3103(a)) is amended— 

14 (1) by striking ‘‘National Sea Grant program, 

15 relevant National Ocean Service and National Ma16 rine Fisheries Service research programs’’ and in17 serting ‘‘all relevant the National Oceanic and At18 mospheric Administration programs and institutions 

19 of higher education,’’; and 

20 (2) by striking ‘‘Initiative’’ and inserting ‘‘Pro21 gram’’. 

22 (b) REPORT.—Section 904(b) (33 U.S.C. 3103(b)) is 

23 amended to read as follows: 

24 ‘‘(b) REPORT.— 


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1 ‘‘(1) IN GENERAL.—As part of this program, 

2 the Secretary of Commerce shall submit to Congress 

3 a biennial report describing— 

4 ‘‘(A) projects, products, and programs 

5 funded under the Oceans and Human Health 

6 Program; 

7 ‘‘(B) the work of the Advisory Panel; 

8 ‘‘(C) how the Oceans and Human Health 

9 Program is meeting the goals and objectives of 

10 its strategic plan; and 

11 ‘‘(D) any recommendations the Secretary 

12 may have for improving or expanding the 

13 Oceans and Human Health Program. 

14 ‘‘(2) COMBINED REPORTS.—The report re15 quired by paragraph (1) may be the same as the Na16 tional Oceanic and Atmospheric Administration 

17 input for the interagency report required by section 

18 902(d).’’. 

19 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

20 Section 905 (33 U.S.C. 3104) is amended— 

21 (1) by striking ‘‘Initiative,’’, ‘‘initiative’’, and 

22 ‘‘Initiative.’’, and inserting ‘‘Program,’’, ‘‘Program’’, 

23 and ‘‘Program.’’, respectively; 


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1 (2) by striking ‘‘$60,000,000 for fiscal years 

2 2005 through 2008’’ and inserting ‘‘$6,000,000 for 

3 each of fiscal years 2011 through 2015’’; and 

4 (3) by striking ‘‘grant and traineeship’’ and in5 serting ‘‘grant, distinguished scholars, and train6 ing’’. 

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

8 The Act is amended by adding after section 905 (33 

9 U.S.C. 3104) the following: 

10 ‘‘SEC. 906. OCEANS DEFINED. 

11 ‘‘In this title, the term ‘oceans’ includes the Great 

12 Lakes, and the coastal areas appertaining thereto.’’. 

Æ 


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