Calendar No. 346

103D CONGRESS

1ST SESSION S. 1517

[Report No. 103–219]

A BILL

To establish a marine biotechnology program within

other purposes.the National Sea Grant College Program, and for

DECEMBER 9, 1993

Reported with an amendment
II

Calendar No. 346

103D CONGRESS

1ST SESSION S. 1517

[Report No. 103–219]

To establish a marine biotechnology program within the National Sea Grant

College Program, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 5 (legislative day, SEPTEMBER 27), 1993

Mr. HOLLINGS (for himself, Mr. PELL, Mr. KERRY, Mr. STEVENS, and Mr.

MURKOWSKI) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

DECEMBER 9, 1993

Reported under authority of the order of the Senate of November 17

(legislative day, November 2), 1993 by Mr. HOLLINGS, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To establish a marine biotechnology program within the

National Sea Grant College Program, 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.

4 This Act may be cited as the ‘‘Marine Biotechnology

5 Investment Act of 1993’’.
2

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1 SEC. 2. FINDINGS.

2 The Congress finds and declares the following:

3 (1) Throughout human history, the oceans and

4 Great Lakes have been an important source of food

5 and a wealth of other natural products.

6 (2) Marine biotechnology holds tremendous

7 promise for expanding the range and increasing the

8 utility of products from the oceans, understanding

9 and treating human illness, and enhancing the qual10 ity and quantity of seafood.

11 (3) Marine biotechnology offers opportunities to

12 improve the stewardship of marine resources

13 through the development and application of effective

14 methods to restore and protect marine ecosystems,

15 to manage fisheries, and to monitor marine biologi16 cal and geochemical processes.

17 (4) The United States currently is a world lead18 er in marine biotechnology, a position with the po19 tential for contributing to business and manufactur20 ing innovations, creation of new jobs, and stimula21 tion of private sector investment.

22 (5) Maintaining national leadership in the face

23 of growing foreign competition will require Federal

24 investment in a well-defined and coordinated na25 tional program of research, development, and private

26 sector partnership, based on the existing responsibil-
3

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1 ities and expertise of the National Oceanic and At2 mospheric Administration and other Federal agen3 cies.

4 (6) In particular, the National Sea Grant Col5 lege Program should play a leading role in the devel6 opment of marine biotechnology in the United

7 States, building on proven capabilities in research,

8 technology transfer, and education.

9 SEC. 3. DEFINITIONS.

10 As used in this Act—

11 (1) The term ‘‘Council’’ means the Federal Co12 ordinating Council on Science, Engineering, and

13 Technology or any successor organization respon14 sible for the coordination of scientific research

15 among Federal agencies and departments.

16 (2) The term ‘‘Director’’ means the Director of

17 the Office of Science and Technology Policy.

18 (3) The term ‘‘marine biotechnology’’ means

19 the application of molecular and cellular techniques

20 to marine or other aquatic organisms for the pur21 poses of—

22 (A) identifying, isolating, developing, and

23 enhancing products that are derived from the

24 marine environment;
4

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1 (B) developing and applying techniques to

2 conserve, manage, and protect marine and

3 coastal resources; and

4 (C) monitoring human health and treating

5 disease.

6 (4) The term ‘‘release of organisms’’ means the

7 intentional or accidental release, from a contained

8 research facility into the surrounding environment,

9 of a living marine or other aquatic organism in

10 which the genetic material has been purposely al11 tered at the molecular or cellular level in a way that

12 could not result from the natural reproductive proc13 ess of that organism.

14 (5) The term ‘‘Sea Grant director’’ means the

15 director of a college, program, or regional consor16 tium designated under the National Sea Grant Col17 lege Program Act (33 U.S.C. 1121 et seq.).

18 (6) The term ‘‘Strategy’’ means the National

19 Marine Biotechnology Strategy developed under sec20 tion 4, or any revision thereof.

21 SEC. 4. NATIONAL MARINE BIOTECHNOLOGY STRATEGY.

22 (a) IN GENERAL.—The Director, through the Council

23 and its Committee on Life Sciences and Health, shall de24 velop a National Marine Biotechnology Strategy for the

25 establishment and implementation of a comprehensive re-
5

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1 search and development effort to assist the Nation in un2 derstanding and using marine biotechnology. The Director

3 shall submit the Strategy to the President and Congress

4 within one year after the date of enactment of this Act

5 and shall submit a revised Strategy at least once every

6 three years thereafter.

7 (b) ELEMENTS OF THE STRATEGY.—The Strategy

8 shall—

9 (1) establish, for the ten-year period beginning

10 in the year the Strategy is submitted, goals and pri11 orities for a coordinated Federal effort in marine

12 biotechnology;

13 (2) describe specific activities to achieve such

14 goals and priorities, including—

15 (A) basic and applied research initiatives;

16 (B) essential infrastructure development;

17 (C) education and training programs; and

18 (D) development of partnerships among

19 government agencies, industry, and academia to

20 translate research findings into practical use;

21 (3) set forth the role of each participating Fed22 eral agency and department, identifying and ad23 dressing (consistent with the responsibilities estab24 lished in this Act) relevant programs and activities
6

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1 of such agencies and departments that would con2 tribute to the effort;

3 (4) estimate, to the extent practicable, funding

4 requirements for the Federal marine biotechnology

5 effort described in the Strategy; and

6 (5) provide for, with respect to federally-funded

7 activities that may involve release of organisms, co8 ordinated oversight by Federal departments and

9 agencies, including establishment of—

10 (A) guidelines and performance standards

11 that are necessary for the safe conduct of such

12 activities and for preventing significant environ13 mental risk; and

14 (B) procedures to ensure compliance with

15 such guidelines and performance standards.

16 (c) CONSULTATION.—In developing and revising the

17 Strategy, the Director—

18 (1) shall consult with Federal, State, academic,

19 commercial, and environmental entities involved in

20 marine biotechnology;

21 (2) may convene meetings and workshops, in

22 consultation with the National Academy of Sciences

23 and the Sea Grant directors; and

24 (3) shall, within ninety days of the date of en25 actment of this Act, contract with the National
7

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1 Academy of Sciences for a report on activities that

2 may involve release of organisms, which shall—

3 (A) assess the nature, likelihood, and ex4 tent of any potentially deleterious effects on the

5 marine environment associated with release of

6 organisms;

7 (B) identify existing laws, regulations,

8 guidelines, and protocols that apply to release

9 of organisms;

10 (C) examine and evaluate the adequacy of

11 oversight by each Federal agency or department

12 supporting activities that may involve release of

13 organisms; and

14 (D) recommend (for the conduct and over15 sight of activities that may involve release of or16 ganisms) regulations, guidelines, performance

17 standards, and procedures to assess and mini18 mize the environmental risk associated with

19 such release.

20 SEC. 5. NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS21 TRATION.

22 (a) IN GENERAL.—The Secretary of Commerce, in

23 consultation with the Council, shall, within the National

24 Oceanic and Atmospheric Administration, maintain a bal-
8

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1 anced program of marine biotechnology activities, com2 prised of—

3 (1) the program established by section 206 of

4 the National Sea Grant College Program Act (33

5 U.S.C. 1121 et seq.), as added by section 6 of this

6 Act;

7 (2) research conducted under agreements with

8 academic institutions for the purposes of developing

9 and applying marine biotechnology to the manage10 ment, conservation, and use of living marine re11 sources; and

12 (3) marine forensics, biotoxins, and

13 microbiological research on new methods for ensur14 ing the safety of seafood, implementing and enforc15 ing marine environmental statutes, and addressing

16 coastal pollution.

17 (b) RESTRICTION RELATING TO RELEASE OF ORGA18 NISMS.—The Secretary of Commerce shall not conduct ac19 tivities (including the award of a grant or contract) that

20 may involve release of organisms, unless such activities—

21 (1) have been reviewed and approved under

22 other applicable Federal law; or

23 (2) are found by the Secretary of Commerce,

24 based on a written assessment, to pose no significant

25 environmental risk.
9

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1 (c) AUTHORIZATION OF APPROPRIATIONS.—In addi2 tion to the sums authorized to be appropriated under sec3 tion 212 of the National Sea Grant College Program Act

4 (33 U.S.C. 1131), there are authorized to be appropriated

5 to the Secretary of Commerce, to enable the National Oce6 anic and Atmospheric Administration to carry out this

7 Act, not to exceed $12,000,000 for each of the fiscal years

8 1994, 1995, 1996, and 1997.

9 SEC. 6. SEA GRANT MARINE BIOTECHNOLOGY PROGRAM.

10 (a) ESTABLISHMENT.—The National Sea Grant Col11 lege Program Act (33 U.S.C. 1121 et seq.) is amended

12 by inserting immediately after section 205 the following

13 new section:

14 ‘‘SEC. 206. MARINE BIOTECHNOLOGY PROGRAM.

15 ‘‘(a) MARINE BIOTECHNOLOGY PROGRAM.—Subject

16 to the availability of appropriations under section 212(d),

17 the national sea grant college program provided for under

18 section 204 shall include a marine biotechnology program

19 under which the Secretary, acting through the Director,

20 shall—

21 ‘‘(1) make grants and enter into contracts in

22 accordance with this section; and

23 ‘‘(2) engage in other activities authorized under

24 this Act;
10

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1 to further research, development, education, technology

2 transfer, and risk assessment in marine biotechnology.

3 ‘‘(b) ADMINISTRATION.—In carrying out the marine

4 biotechnology program, the Secretary shall—

5 ‘‘(1) coordinate the relevant activities of the di6 rectors of the sea grant colleges and the Marine Bio7 technology Review Panel established under sub8 section (d); and

9 ‘‘(2) provide general oversight of the review

10 process under subsection (d)(1) to ensure that the

11 marine biotechnology program produces the highest

12 quality research, development, education, and tech13 nology transfer.

14 ‘‘(c) GRANTS AND CONTRACTS.—

15 ‘‘(1) APPLICATIONS.—Applications for grants

16 and contracts under this section shall be—

17 ‘‘(A) made in such form and manner, and

18 include such content and submissions, as the

19 Secretary shall by regulation prescribe;

20 ‘‘(B) forwarded through the appropriate

21 directors of sea grant colleges to the National

22 Sea Grant Office; and

23 ‘‘(C) reviewed by the Marine Biotechnology

24 Review Panel in accordance with subsection (d).
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1 ‘‘(2) TERMS AND CONDITIONS.—Any reference

2 in subsection (d) of section 205 or in the last sen3 tence of subsection (a) of section 205 to grants and

4 contracts provided for under that section shall be

5 treated, as the context requires, as including any

6 grant applied for or made, or contract applied for or

7 entered into, under this section.

8 ‘‘(3) AWARDING OF GRANTS AND CON9 TRACTS.—The Secretary shall award grants and

10 contracts under this section on the basis of the rec11 ommendations for award made by the Marine Bio12 technology Review Panel under subsection (d).

13 ‘‘(d) MARINE BIOTECHNOLOGY REVIEW PANEL.—

14 ‘‘(1) ESTABLISHMENT AND DUTIES.—Subject

15 to the availability of appropriations under section

16 212(c), the Director, in consultation with the direc17 tors of the sea grant colleges, shall convene a panel,

18 to be known as the Marine Biotechnology Review

19 Panel, that shall—

20 ‘‘(A) review, on a competitive basis, the ap21 plications made under this section for grants

22 and contracts to determine their respective sci23 entific, technical, educational, and commercial

24 merits and likely contributions toward achieving

25 the purposes of this section; and
12

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1 ‘‘(B) on the basis of the review under sub2 paragraph (A), and with due regard for the

3 overall balance and coordination of the marine

4 biotechnology program, make recommendations

5 to the Secretary regarding the awarding of

6 grants and contracts under this section.

7 ‘‘(2) MEMBERSHIP.—The Marine Biotechnology

8 Review Panel shall—

9 ‘‘(A) consist of not more than fifteen indi10 viduals with scientific or technical expertise in

11 marine biotechnology or relevant related fields,

12 including at least one qualified individual with

13 expertise in marine or freshwater ecological risk

14 assessment;

15 ‘‘(B) reflect a balance among areas of ex16 pertise consistent with the purposes of this sec17 tion;

18 ‘‘(C) not include Federal employees or di19 rectors of sea grant colleges; and

20 ‘‘(D) reflect geographic balance, consistent

21 with the primary objectives of a high level of ex22 pertise and balance among areas of expertise.

23 ‘‘(3) ALLOWANCES.—Each member of the Ma24 rine Biotechnology Review Panel shall receive travel

25 expenses, including per diem in lieu of subsistence,
13

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1 in accordance with sections 5702 and 5703 of title

2 5, United States Code.’’.

3 (b) DEFINITIONS.—(1) Section 203 of the National

4 Sea Grant College Program Act (33 U.S.C. 1122) is

5 amended by redesignating paragraphs (6) through (15) as

6 paragraphs (7) through (16), respectively, and by insert7 ing after paragraph (5) the following new paragraph:

8 ‘‘(6) The term ‘marine biotechnology’ means

9 the application of molecular and cellular techniques

10 to marine and other aquatic organisms for the pur11 poses of—

12 ‘‘(A) identifying, isolating, developing, and

13 enhancing products that are derived from the

14 marine environment;

15 ‘‘(B) developing and applying techniques to

16 conserve, manage, and protect marine and

17 coastal resources; and

18 ‘‘(C) monitoring human health and treat19 ing disease.’’.

20 (2) Section 203(4) of the National Sea Grant College

21 Program Act (33 U.S.C. 1122(4)) is amended by inserting

22 ‘‘marine biotechnology,’’ immediately after ‘‘marine tech23 nology,’’.
14

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1 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

2 212 of the National Sea Grant College Program Act (33

3 U.S.C. 1131) is amended—

4 (1) in subsection (b), by inserting ‘‘but not in5 cluding section 206’’ immediately after ‘‘section

6 209’’;

7 (2) by redesignating subsections (c), (d), and

8 (e) as subsections (d), (e), and (f), respectively; and

9 (3) by inserting immediately after subsection

10 (b) the following new subsection:

11 ‘‘(c) MARINE BIOTECHNOLOGY PROGRAM.—

12 ‘‘(1) GRANTS AND CONTRACTS.—There is au13 thorized to be appropriated to carry out the provi14 sions of section 206 (other than for administration)

15 an amount—

16 ‘‘(A) for each of the fiscal years 1994 and

17 1995, not to exceed $20,000,000; and

18 ‘‘(B) for each of the fiscal years 1996 and

19 1997, not to exceed $25,000,000.

20 ‘‘(2) ADMINISTRATION.—There is authorized to

21 be appropriated for the administration of section

22 206, an amount—

23 ‘‘(A) for each of the fiscal years 1994 and

24 1995, not to exceed $200,000; and
15

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1 ‘‘(B) for each of the fiscal years 1996 and

2 1997, not to exceed $250,000.’’.

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Marine Biotechnology

5 Investment Act of 1993’’.

6 SEC. 2. FINDINGS.

7 The Congress finds and declares the following:

8 (1) Throughout human history, the oceans and

9 Great Lakes have been an important source of food

10 and a wealth of other natural products.

11 (2) Marine biotechnology holds tremendous

12 promise for expanding the range and increasing the

13 utility of products from the oceans, understanding

14 and treating human illness, and enhancing the qual15 ity and quantity of seafood.

16 (3) Marine biotechnology offers opportunities to

17 improve the stewardship of marine resources through

18 the development and application of effective methods

19 to restore and protect marine ecosystems, to manage

20 fisheries, and to monitor marine biological and geo21 chemical processes.

22 (4) The United States currently is a world leader

23 in marine biotechnology, a position with the potential

24 for contributing to business and manufacturing inno-
16

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1 vations, creation of new jobs, and stimulation of pri2 vate sector investment.

3 (5) Maintaining national leadership in the face

4 of growing foreign competition will require Federal

5 investment in a well-defined and coordinated na6 tional program of research, development, and private

7 sector partnership, based on the existing responsibil8 ities and expertise of the National Oceanic and At9 mospheric Administration and other Federal agencies.

10 (6) In particular, the National Sea Grant Col11 lege Program should play a leading role in the devel12 opment of marine biotechnology in the United States,

13 building on proven capabilities in research, tech14 nology transfer, and education.

15 SEC. 3. DEFINITIONS.

16 As used in this Act—

17 (1) The term ‘‘Council’’ means the Federal Co18 ordinating Council on Science, Engineering, and

19 Technology or any successor organization responsible

20 for the coordination of scientific research among Fed21 eral agencies and departments.

22 (2) The term ‘‘Director’’ means the Director of

23 the Office of Science and Technology Policy.

24 (3) The term ‘‘marine biotechnology’’ means the

25 application of molecular and cellular techniques to
17

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1 marine or other aquatic organisms for the purposes

2 of—

3 (A) identifying, isolating, developing, and

4 enhancing products that are derived from the

5 marine environment;

6 (B) developing and applying techniques to

7 conserve, manage, and protect marine and coast8 al resources; and

9 (C) monitoring human health and treating

10 disease.

11 (4) The term ‘‘release of organisms’’ means the

12 intentional or accidental release, from a contained re13 search facility into the surrounding environment, of

14 a living marine or other aquatic organism in which

15 the genetic material has been purposely altered at the

16 molecular or cellular level in a way that could not re17 sult from the natural reproductive process of that

18 organism.

19 (5) The term ‘‘Sea Grant director’’ means the di20 rector of a college, program, or regional consortium

21 designated under the National Sea Grant College Pro22 gram Act (33 U.S.C. 1121 et seq.).

23 (6) The term ‘‘Secretary’’ means the Secretary of

24 Commerce.
18

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1 (7) The term ‘‘Strategy’’ means the National

2 Marine Biotechnology Strategy developed under sec3 tion 4, or any revision thereof.

4 SEC. 4. NATIONAL MARINE BIOTECHNOLOGY STRATEGY.

5 (a) IN GENERAL.—The Director, through the Council

6 and its Committee on Life Sciences and Health, shall

7 develop a National Marine Biotechnology Strategy for the

8 establishment and implementation of a comprehensive re9 search and development effort to assist the Nation in under10 standing and using marine biotechnology. The Director

11 shall submit the Strategy to the President and Congress

12 within 1 year after the date of enactment of this Act and

13 shall submit a revised Strategy at least once every 3 years

14 thereafter.

15 (b) ELEMENTS OF THE STRATEGY.—The Strategy

16 shall—

17 (1) establish, for the 10-year period beginning in

18 the year the Strategy is submitted, goals and prior19 ities for a coordinated Federal effort in marine bio20 technology;

21 (2) describe specific activities to achieve such

22 goals and priorities, including—

23 (A) basic and applied research initiatives;

24 (B) essential infrastructure development;

25 (C) education and training programs;
19

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1 (D) development of partnerships among gov2 ernment agencies, industry, and academia to

3 translate research findings into practical use;

4 (3) set forth the role of each participating Fed5 eral agency and department, identifying and address6 ing (consistent with the responsibilities established in

7 this Act) relevant programs and activities of such

8 agencies and departments that would contribute to the

9 effort;

10 (4) estimate, to the extent practicable, funding

11 requirements for the Federal marine biotechnology ef12 fort described in the Strategy; and

13 (5) provide for, with respect to federally funded

14 activities that may involve release of organisms, co15 ordinated oversight by Federal departments and agen16 cies, including establishment of—

17 (A) guidelines and performance standards that

18 are necessary for the safe conduct of such activities

19 and for preventing significant environmental risk;

20 and

21 (B) procedures to ensure compliance with

22 such guidelines and performance standards.

23 (c) CONSULTATION.—In developing and revising the

24 Strategy, the Director—
20

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1 (1) shall consult with Federal, State, academic,

2 commercial, and environmental entities involved in

3 marine biotechnology;

4 (2) may convene meetings and workshops, in

5 consultation with the National Academy of Sciences

6 and the Sea Grant directors; and

7 (3) shall, within 90 days of the date of enact8 ment of this Act, contract with the National Academy

9 of Sciences for a report on activities that may involve

10 release of organisms, which shall—

11 (A) assess the nature, likelihood, and extent

12 of any potentially deleterious effects on the ma13 rine environment associated with release of orga14 nisms;

15 (B) identify existing laws, regulations,

16 guidelines, and protocols that apply to release of

17 organisms;

18 (C) examine and evaluate the adequacy of

19 oversight by each Federal agency or department

20 supporting activities that may involve release of

21 organisms; and

22 (D) recommend (for the conduct and over23 sight of activities that may involve release of or24 ganisms) regulations, guidelines, performance

25 standards, and procedures to assess and mini-
21

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1 mize the environmental risk associated with such

2 release.

3 SEC. 5. NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS4 TRATION.

5 (a) IN GENERAL.—The Secretary, in consultation with

6 the Council, shall, within the National Oceanic and Atmos7 pheric Administration, maintain a balanced program of

8 marine biotechnology activities, comprised of—

9 (1) the program established by section 206 of the

10 National Sea Grant College Program Act (33 U.S.C.

11 111 et seq.), as added by section 6 of this Act;

12 (2) research conducted under agreements with

13 academic institutions for the purposes of developing

14 and applying marine biotechnology to the manage15 ment, conservation, and use of living marine re16 sources; and

17 (3) marine forensics, biotoxins, and

18 microbiological research on new methods for ensuring

19 the safety of seafood, implementing and enforcing ma20 rine environmental statutes, and addressing coastal

21 pollution.

22 (b) RESTRICTION RELATING TO RELEASE OF ORGA23 NISMS.—The Secretary shall not conduct activities (either

24 directly or through the award of a grant or contract) that

25 may involve release of organisms, unless such activities—
22

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1 (1) have been reviewed and approved under other

2 applicable Federal law; or

3 (2) are found by the Secretary, based on the Sec4 retary’s written assessment, to pose no significant en5 vironmental risk.

6 In the case of an intentional release of organisms, the Sec7 retary may make a finding under paragraph (2) only after

8 providing notice and an opportunity for public comment.

9 (c) RESTRICTION ON PACIFIC SALMON.—The Secretary

10 shall not conduct research or award a grant for marine bio11 technology applications intended to promote or enhance

12 farming, ranching, or other forms of captive cultivation

13 (other than hatchery enhancement of wild stocks) of any

14 species of Pacific salmon.

15 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi16 tion to the sums authorized to be appropriated under sec17 tion 212 of the National Sea Grant College Program Act

18 (33 U.S.C. 1131), there are authorized to be appropriated

19 to the Secretary, to enable the National Oceanic and Atmos20 pheric Administration to carry out this Act, not to exceed

21 $12,000,000 for each of the fiscal years 1994, 1995, 1996,

22 and 1997.

23 SEC. 6. SEA GRANT MARINE BIOTECHNOLOGY PROGRAM.

24 (a) ESTABLISHMENT.—The National Sea Grant Col25 lege Program Act (33 U.S.C. 1121 et seq.) is amended by
23

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1 inserting immediately after section 205 the following new

2 section:

3 ‘‘SEC. 206. MARINE BIOTECHNOLOGY PROGRAM.

4 ‘‘(a) MARINE BIOTECHNOLOGY PROGRAM.—Subject to

5 the availability of appropriations under section 212(d), the

6 national sea grant college program provided for under sec7 tion 204 shall include a marine biotechnology program

8 under which the Secretary, acting through the Director,

9 shall—

10 ‘‘(1) make grants and enter into contracts in ac11 cordance with this section; and

12 ‘‘(2) engage in other activities authorized under

13 this Act;

14 to further research, development, education, technology

15 transfer, and risk assessment in marine biotechnology.

16 ‘‘(b) ADMINISTRATION.—In carrying out the marine

17 biotechnology program, the Secretary shall—

18 ‘‘(1) coordinate the relevant activities of the di19 rectors of the sea grant colleges and the Marine Bio20 technology Review Panel established under subsection

21 (d); and

22 ‘‘(2) provide general oversight of the review proc23 ess under subsection (d)(1) to ensure that the marine

24 biotechnology program produces the highest quality
24

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1 research, development, education, and technology

2 transfer.

3 ‘‘(c) GRANTS AND CONTRACTS.—

4 ‘‘(1) APPLICATIONS.—Applications for grants

5 and contracts under this section shall be—

6 ‘‘(A) made in such form and manner, and

7 include such content and submissions, as the

8 Secretary shall by regulation prescribe;

9 ‘‘(B) forwarded through the appropriate di10 rectors of sea grant colleges to the National Sea

11 Grant Office; and

12 ‘‘(C) reviewed by the Marine Biotechnology

13 Review Panel in accordance with subsection (d).

14 ‘‘(2) TERMS AND CONDITIONS.—Any reference in

15 subsection (d) of section 205 or in the last sentence

16 of subsection (a) of section 205 to grants and con17 tracts provided for under that section shall be treated,

18 as the context requires, as including any grant ap19 plied for or made, or contract applied for or entered

20 into, under this section.

21 ‘‘(3) AWARDING OF GRANTS AND CONTRACTS.—

22 The Secretary shall award grants and contracts under

23 this section on the basis of the recommendations for

24 award made by the Marine Biotechnology Review

25 Panel under subsection (d).
25

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1 ‘‘(d) MARINE BIOTECHNOLOGY REVIEW PANEL.—

2 ‘‘(1) ESTABLISHMENT AND DUTIES.—Subject to

3 the availability of appropriations under section

4 212(c), the Director, in consultation with the directors

5 of the sea grant colleges, shall convene a panel, to be

6 known as the Marine Biotechnology Review Panel,

7 that shall—

8 ‘‘(A) review, on a competitive basis, the ap9 plications made under this section for grants

10 and contracts to determine their respective sci11 entific, technical, educational, and commercial

12 merits and likely contributions toward achieving

13 the purposes of this section; and

14 ‘‘(B) on the basis of the review under sub15 paragraph (A), and with due regard for the over16 all balance and coordination of the marine bio17 technology program, make recommendations to

18 the Secretary regarding the awarding of grants

19 and contracts under this section.

20 ‘‘(2) MEMBERSHIP.—The Marine Biotechnology

21 Review Panel shall—

22 ‘‘(A) consist of not more than 15 individ23 uals with scientific or technical expertise in ma24 rine biotechnology or relevant related fields, in25 cluding at least two qualified individuals with
26

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1 expertise in marine or freshwater ecological risk

2 assessment;

3 ‘‘(B) reflect a balance among areas of exper4 tise consistent with the purposes of this section;

5 ‘‘(C) include not more than two Federal em6 ployees;

7 ‘‘(D) not include directors of sea grant col8 leges; and

9 ‘‘(E) reflect geographic balance, consistent

10 with the primary objectives of a high level of ex11 pertise and balance among areas of expertise.

12 ‘‘(3) ALLOWANCES.—Each member of the Marine

13 Biotechnology Review Panel shall receive travel ex14 penses, including per diem in lieu of subsistence, in

15 accordance with sections 5702 and 5703 of title 5,

16 United States Code.’’.

17 (b) DEFINITIONS.—(1) Section 203 of the National Sea

18 Grant College Program Act (33 U.S.C. 1122) is amended

19 by redesignating paragraphs (6) through (15) as para20 graphs (7) through (16), respectively; and by inserting after

21 paragraph (5) the following new paragraph:

22 ‘‘(6) The term ‘marine biotechnology’ means the

23 application of molecular and cellular techniques to

24 marine and other aquatic organisms for the purposes

25 of—
27

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1 ‘‘(A) identifying, isolating, developing, and

2 enhancing products that are derived from the

3 marine environment;

4 ‘‘(B) developing and applying techniques to

5 conserve, manage, and protect marine and coast6 al resources; and

7 ‘‘(C) monitoring human health and treating

8 disease.’’.

9 (2) Section 203(4) of the National Sea Grant College

10 Program Act (33 U.S.C. 1122(4)) is amended by inserting

11 ‘‘marine biotechnology,’’ immediately after ‘‘marine tech12 nology,’’.

13 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

14 212 of the National Sea Grant College Program Act (33

15 U.S.C. 1131) is amended—

16 (1) in subsection (b), by inserting ‘‘but not in17 cluding section 206’’ immediately after ‘‘section 209’’;

18 (2) by redesignating subsections (c), (d), and (e)

19 as subsections (d), (e), and (f), respectively; and

20 (3) by inserting immediately after subsection (b)

21 the following new subsection:

22 ‘‘(c) MARINE BIOTECHNOLOGY PROGRAM.—

23 ‘‘(1) GRANTS AND CONTRACTS.—There is author24 ized to be appropriated to carry out the provisions of
28

S 1517 RS

1 section 206 (other than for administration) an

2 amount—

3 ‘‘(A) for each of the fiscal years 1994 and

4 1995, not to exceed $20,000,000; and

5 ‘‘(B) for each of the fiscal years 1996 and

6 1997, not to exceed $25,000,000.

7 ‘‘(2) ADMINISTRATION.—There is authorized to

8 be appropriated for the administration of section 206,

9 an amount—

10 ‘‘(A) for each of the fiscal years 1994 and

11 1995, not to exceed $200,000; and

12 ‘‘(B) for each of the fiscal years 1996 and

13 1997, not to exceed $250,000.’’.

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S 1517 RS——3

S 1517 RS——4

S 1517 RS——5