33 U.S.C. § 3101 — Interagency oceans and human health re-

Page 947 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3101 1 See References in Text note below. 116–259, which added this section, was enacted. Pub. L. 116–259 was approved Dec. 23, 2020. Sections 201(a), 202(a), 203(a), and 305 (c) and (d), re- ferred to in text, mean those respective sections of Pub. L. 116–259. CODIFICATION Section was enacted as part of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020, and not as part of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 which com- prises this chapter. § 3079a. Treatment of commission in commis- sioned officer corps as employment in Ad- ministration for purposes of certain hiring decisions (a) In general In any case in which the Secretary accepts an application for a position of employment with the Administration and limits consideration of applications for such position to applications submitted by individuals serving in a career or career-conditional position in the competitive service within the Administration, the Sec- retary shall deem an officer who has served as an officer in the commissioned officer corps of the Administration for at least three years to be serving in a career or career-conditional posi- tion in the competitive service within the Ad- ministration for purposes of such limitation. (b) Career appointments If the Secretary selects an application sub- mitted by an officer described in subsection (a) for a position described in such subsection, the Secretary shall give such officer a career or ca- reer-conditional appointment in the competitive service, as appropriate. (c) Competitive service defined In this section, the term ‘‘competitive serv- ice’’ has the meaning given the term in section 2102 of title 5. (Pub. L. 107–372, title II, § 269A, as added Pub. L. 116–259, title II, § 209(a), Dec. 23, 2020, 134 Stat. 1168.) § 3079b. Shore leave for professional mariners (a) In general The Under Secretary may prescribe regula- tions relating to shore leave for professional mariners without regard to the requirements of section 6305 of title 5. (b) Requirements The regulations prescribed under subsection (a) shall— (1) require that a professional mariner serv- ing aboard an ocean-going vessel be granted a leave of absence of 4 days per pay period; and (2) provide that a professional mariner serv- ing in a temporary promotion position aboard a vessel may be paid the difference between such mariner’s temporary and permanent rates of pay for leave accrued while serving in the temporary promotion position. (c) Professional mariner defined In this section, the term ‘‘professional mar- iner’’ means an individual employed on a vessel of the Administration who has the necessary ex- pertise to serve in the engineering, deck, stew- ard, electronic technician, or survey depart- ment. (Pub. L. 107–372, title II, § 269B, as added Pub. L. 117–263, div. K, title CXVII, § 11706(a), Dec. 23, 2022, 136 Stat. 4157.) CHAPTER 44—OCEANS AND HUMAN HEALTH Sec. 3101. Interagency oceans and human health re- search program. 3102. National Oceanic and Atmospheric Adminis- tration Oceans and Human Health Initia- tive. 3103. Public information and outreach. 3104. Authorization of appropriations. § 3101. Interagency oceans and human health re- search program (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. (b) Implementation plan Within 1 year after December 8, 2004, the Na- tional Science and Technology Council, through the Director of the Office of Science and Tech- nology Policy shall develop and submit to the Congress a plan for coordinated Federal activi- ties under the program. Nothing in this sub- section is intended to duplicate or supersede the activities of the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia established under section 4001 1 of this title. 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 Administra- tion, the National Science Foundation, and other departments and agencies and shall— (1) establish, for the 10-year period beginning in the year it is submitted, the goals and pri- orities for Federal research which most effec- tively advance scientific understanding of the connections between the oceans and human health, provide usable information for the pre- diction of marine-related public health prob- lems and use the biological potential of the oceans for development of new 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; (3) identify and address, as appropriate, rel- evant programs and activities of the Federal agencies and departments that would con- tribute to the program; (4) identify alternatives for preventive un- necessary duplication of effort among Federal agencies and departments with respect to the program; Page 948 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3101 (5) consider and use, as appropriate, reports and studies conducted by Federal agencies and departments, the National Research Council, the Ocean Research Advisory Panel, the Com- mission on Ocean Policy and other expert sci- entific bodies; (6) make recommendations for the coordina- tion of program activities with ocean and human health-related activities of other na- tional and international organizations; and (7) estimate Federal funding for research ac- tivities to be conducted under the program. (c) Program scope The program may include the following activi- ties 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 under- standing 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 hu- mans and marine organisms, including ma- rine 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 bio- medical research and as indicators of marine environmental health; (E) marine environmental microbiology; (F) bioaccumulative and endocrine-dis- rupting 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. 8932(a)) 1 to ensure that any integrated ocean and coastal observing system provides infor- mation necessary to monitor and reduce ma- rine public health problems including health- related data on biological populations and de- tection of contaminants in marine waters and seafood. (3) Development through partnerships among Federal agencies, States, academic in- stitutions, or non-profit research organiza- tions 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 biodiver- sity to biomedicine, including— (A) genomics and proteomics to develop genetic and immunological detection ap- proaches and predictive tools and to discover new biomedical resources; (B) biomaterials and bioengineering; (C) in situ and remote sensors used to de- tect, quantify, and predict the presence and spread of contaminants in marine waters and organisms and to identify new genetic resources for biomedical purposes; (D) techniques for supplying marine re- sources, including chemical synthesis, cul- turing and aquaculturing marine organisms, new fermentation methods and recombinant techniques; and (E) adaptation of equipment and tech- nologies from human health fields. (4) Support for scholars, trainees and edu- cation opportunities that encourage an inter- disciplinary and international approach to ex- ploring the diversity of life in the oceans. (d) Annual report Beginning with the first year occurring more than 24 months after December 8, 2004, the Na- tional Science and Technology Council, through the Director of the Office of Science and Tech- nology Policy shall prepare and submit to the President and the Congress not later than Janu- ary 31st of each year an annual report on the ac- tivities conducted pursuant to this title during the preceding fiscal year, including— (1) a summary of the achievements of Fed- eral oceans and human health research, in- cluding Federally supported external research, during the preceding fiscal year; (2) an analysis of the progress made toward achieving the goals and objectives of the plan developed under subsection (b), including iden- tification 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; and (5) any recommendations regarding addi- tional action or legislation that may be re- quired to assist in achieving the purposes of this chapter. (Pub. L. 108–447, div. B, title IX, § 902, Dec. 8, 2004, 118 Stat. 2930; Pub. L. 115–232, div. A, title VIII, § 809(k)(1), Aug. 13, 2018, 132 Stat. 1843.) Editorial Notes REFERENCES IN TEXT Section 4001 of this title, referred to in subsec. (b), was in the original ‘‘section 603 of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (16 U.S.C. 1451 note)’’, meaning section 603 of Pub. L. 105–383, which was set out in a note under section 1451 of Title 16, Conservation, prior to transfer to section 4001 of this title. The reference to the National Ocean Research Lead- ership Council (10 U.S.C. 8932(a)), referred to in subsec. (c)(2), is no longer accurate insofar as section 8932 of title 10 was amended by Pub. L. 116–283 so as to instead refer to the Ocean Policy Committee. AMENDMENTS 2018—Subsec. (c)(2). Pub. L. 115–232 substituted ‘‘(10 U.S.C. 8932(a))’’ for ‘‘(10 U.S.C. 7902(a))’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. SHORT TITLE Pub. L. 108–447, div. B, title IX, § 901, Dec. 8, 2004, 118 Stat. 2930, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Oceans and Human Health Act’.’’ Page 949 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3104 1 So in original. Probably should be ‘‘oceans’ ’’. § 3102. National Oceanic and Atmospheric Ad- ministration Oceans and Human Health Ini- tiative (a) Establishment As part of the interagency oceans and human health research program, the Secretary of Com- merce is authorized to establish an Oceans and Human Health Initiative to coordinate and im- plement research and activities of the National Oceanic and Atmospheric Administration re- lated 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 inte- grated 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 sup- port for— (1) centralized program and research coordi- nation; (2) an advisory panel; (3) one or more National Oceanic and Atmos- pheric Administration national centers of ex- cellence; (4) research grants; and (5) distinguished scholars and traineeships. (b) Advisory panel The Secretary is authorized to establish an oceans and human health advisory panel to as- sist in the development and implementation of the Oceans and Human Health Initiative. Mem- bership of the advisory group shall provide for balanced representation of individuals with multi-disciplinary expertise in the marine and biomedical sciences. Chapter 10 of title 5 shall not apply to the oceans and human health advi- sory 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 Atmos- pheric 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 orga- nisms as indicators for marine environmental health, ocean pollutants, marine toxins and pathogens, harmful algal blooms, hypoxia, sea- food testing, identification of potential marine products, and biology and pathobiology of ma- rine mammals, and on disciplines including ma- rine genomics, marine environmental microbi- ology, ecological chemistry and conservation medicine. (3) In selecting centers for funding, the Sec- retary will give priority to proposals with strong interdisciplinary scientific merit that en- courage educational opportunities and provide for effective partnerships among the Adminis- tration, 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 Na- tional Oceanic and Atmospheric Administration related to the ocean’s 1 role in human health. Of- ficers and employees of Federal agencies may collaborate with, and participate in, such re- search 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 partici- pating 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. (e) Traineeships The Secretary of Commerce is authorized to establish a program to provide traineeships, training, 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. (Pub. L. 108–447, div. B, title IX, § 903, Dec. 8, 2004, 118 Stat. 2933; Pub. L. 117–286, § 4(a)(206), Dec. 27, 2022, 136 Stat. 4328.) Editorial Notes AMENDMENTS 2022—Subsec. (b). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’. § 3103. Public information and outreach The Secretary of Commerce, in consultation with other Federal agencies, and in cooperation with the National Sea Grant program, shall de- sign and implement a program to disseminate information developed under the NOAA Oceans and Human Health Initiative, including re- search, assessments, and findings regarding the relationship between oceans and human health, on both a regional and national scale. The infor- mation, particularly with respect to potential health risks, shall be made available in a timely manner to appropriate Federal or State agen- cies, involved industries, and other interested persons through a variety of means, including through the Internet. (Pub. L. 108–447, div. B, title IX, § 904, Dec. 8, 2004, 118 Stat. 2934; Pub. L. 114–327, title VI, § 601, Dec. 16, 2016, 130 Stat. 1998.) Editorial Notes AMENDMENTS 2016—Pub. L. 114–327 struck out subsec. (a) designa- tion and heading, realigned margins, and struck out subsec. (b) which related to NOAA Oceans and Human Health Initiative annual report. § 3104. Authorization of appropriations There are authorized to be appropriated to the Secretary of Commerce to carry out the Na-