IIA

103D CONGRESS

1ST SESSION H. R. 1916

IN THE SENATE OF THE UNITED STATES

JULY 14 (legislative day, JUNE 30), 1993

Received; read twice and referred to the Committee on Commerce, Science,

and Transportation

AN ACT

To establish a marine biotechnology program within the

National Sea Grant College Program.

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’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—
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1 (1) the oceans have for millennia been a source

2 of food, minerals and other natural products;

3 (2) molecular biology and biotechnology hold

4 tremendous potential to expand the range and in5 crease the utility of products from the oceans;

6 (3) marine biotechnology can improve the con7 dition of marine ecosystems by developing substitute

8 products that decrease the harvest pressure on living

9 resources, improving the production of aquaculture,

10 providing new tools for understanding ecological and

11 evolutionary processes, and improving the techniques

12 for remediation of environmental damage;

13 (4) the United States is currently preeminent in

14 marine biotechnology but its competitive edge is

15 threatened by inadequate public investment com16 pared with other leaders in this field; and

17 (5) in order to support job creation, stimulate

18 private sector investment, and maintain preeminence

19 in marine biotechnology, the United States should

20 establish a national program for marine bio21 technology within the National Sea Grant College

22 Program and greatly increase its investment in this

23 promising new area of research and development.
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1 SEC. 3. MARINE BIOTECHNOLOGY PROGRAM.

2 The National Sea Grant College Program Act (33

3 U.S.C. 1121 et seq.) is amended by inserting after section

4 205 the following:

5 ‘‘SEC. 206A. MARINE BIOTECHNOLOGY PROGRAM.

6 ‘‘(a) DEFINITION OF MARINE BIOTECHNOLOGY.—As

7 used in this section and section 203(4), the term ‘marine

8 biotechnology’ means the application of molecular and cel9 lular biology to marine and fresh water organisms for the

10 purpose of identifying, developing, and enhancing products

11 derived from those organisms.

12 ‘‘(b) MARINE BIOTECHNOLOGY PROGRAM.—Subject

13 to the availability of appropriations under section 212(c),

14 the National Sea Grant College Program provided for

15 under section 204 shall include a marine biotechnology

16 program under which the Secretary, acting through the

17 Director, shall—

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

19 accordance with this section; and

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

21 this Act;

22 to further research, development, risk assessment, edu23 cation and technology transfer in marine biotechnology.

24 ‘‘(c) ADMINISTRATION.—In carrying out the marine

25 biotechnology program, the Secretary shall—
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1 ‘‘(1) coordinate the relevant activities of the di2 rectors of the sea grant colleges and the Marine Bio3 technology Review Panel established under sub4 section (f); and

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

6 process under subsection (f)(1) to ensure that the

7 marine biotechnology program produces the highest

8 quality research, development, education, and tech9 nology transfer.

10 ‘‘(d) GRANTS AND CONTRACTS.—

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

12 and contracts under this subsection shall be—

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

14 include such content and submissions, as the

15 Secretary shall by regulation prescribe;

16 ‘‘(B) forwarded through the appropriate

17 directors of sea grant colleges to the National

18 Sea Grant Office; and

19 ‘‘(C) reviewed by the Marine Biotechnology

20 Review Panel in accordance with subsection (f).

21 ‘‘(2) TERMS AND CONDITIONS.—Any reference

22 in subsection (d) of section 205 or in the last sen23 tence of subsection (a) of section 205 to grants and

24 contracts provided for under that section shall be

25 treated, as the context requires, as including any
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1 grant applied for or made, or contract applied for or

2 entered into, under this section.

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

4 ‘‘(A) PANEL RECOMMENDATIONS.—Subject

5 to subparagraph (B) and subsection (e), the

6 Secretary shall award grants and contracts

7 under this section on the basis of the rec8 ommendations for award made by the Marine

9 Biotechnology Review Panel under subsection

10 (f).

11 ‘‘(B) GENERAL EXCEPTIONS.—The Sec12 retary shall not award a grant or contract if the

13 Secretary determines that the award—

14 ‘‘(i) is based on a recommendation

15 from the Panel that may involve a conflict

16 of interest;

17 ‘‘(ii) fails to meet the requirements of

18 this section; or

19 ‘‘(iii) fails to comply with relevant

20 governmental or institutional procedures

21 for the management of external grant or

22 contract programs.

23 ‘‘(C) EXCEPTION RELATING TO GENETI24 CALLY MODIFIED ORGANISMS.—The Secretary

25 shall not award a grant or contract involving
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1 the release of genetically modified organisms, as

2 defined in subsection (e)(1), unless the activi3 ties proposed in the grant or contract that in4 volve genetically modified organisms—

5 ‘‘(i) have been reviewed and approved

6 under other applicable Federal law; or

7 ‘‘(ii) are found by the Secretary,

8 based on a written assessment, to pose no

9 significant environmental risk.

10 ‘‘(D) DOCUMENTATION.—The Secretary

11 shall document, and promptly inform the Panel

12 of, each recommended award that is rejected

13 under subparagraph (B) or (C).

14 ‘‘(E) FUNDING.—Grants made, and con15 tracts entered into, under this section shall be

16 funded with moneys available from appropria17 tions made pursuant to the authorization pro18 vided for under section 212(c).

19 ‘‘(e) RESEARCH ON GENETICALLY MODIFIED ORGA20 NISMS.—

21 ‘‘(1) DEFINITION.—As used in this subsection,

22 the term ‘genetically modified organism’ means a liv23 ing marine or freshwater organism in which the ge24 netic material has been purposely altered at the mo25 lecular or cellular level in a way that could not result
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1 from the natural reproductive process of that spe2 cies.

3 ‘‘(2) SAFE CONDUCT OF CERTAIN RESEARCH.—

4 The Secretary shall ensure that any activity funded

5 by the National Sea Grant College Program involv6 ing genetically modified organisms complies with—

7 ‘‘(A) the guidelines for research involving

8 recombinant DNA molecules published in the

9 Federal Register on May 7, 1986 (51 F.R.

10 16958 et seq.); and

11 ‘‘(B) when promulgated (unless paragraph

12 (3) applies), the performance standards for

13 safely conducting research involving genetically

14 modified finfish and shellfish developed by the

15 Agricultural Biotechnology Research Advisory

16 Committee.

17 ‘‘(3) SEA GRANT PROGRAM PERFORMANCE

18 STANDARDS.—The performance standards referred

19 to in subparagraph 2(B) shall not apply if the Sec20 retary publishes in the Federal Register performance

21 standards for the National Sea Grant College Pro22 gram for safely conducting research involving geneti23 cally modified finfish and shellfish.

24 ‘‘(4) TERMINATION OF AWARD.—The Secretary

25 shall promptly withdraw any award of the National
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1 Sea Grant College Program for activities involving

2 genetically modified organisms if the Secretary de3 termines that the grantee or contractee in question

4 has failed to abide by the guidelines and applicable

5 performance standards referred to in this subsection.

6 ‘‘(f) MARINE BIOTECHNOLOGY REVIEW PANEL.—

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

8 to the availability of appropriations under section

9 212(c), the Director, in consultation with the direc10 tors of the sea grant colleges, shall convene a panel,

11 to be known as the Marine Biotechnology Review

12 Panel, that shall—

13 ‘‘(A) review, on a competitive basis, the ap14 plications made under this section for grants

15 and contracts to determine their respective sci16 entific, technical, educational, and commercial

17 merits and likely contributions toward achieving

18 the purposes of this section; and

19 ‘‘(B) on the basis of the review under sub20 paragraph (A), and with due regard for the

21 overall balance and coordination of the marine

22 biotechnology program, make recommendations

23 to the Secretary regarding the awarding of

24 grants and contracts under this section.
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1 ‘‘(2) COMPOSITION.—The Marine Biotechnology

2 Review Panel shall—

3 ‘‘(A) consist of not more than 15 individ4 uals with scientific or technical expertise in ma5 rine biotechnology or relevant related fields, in6 cluding at least 1 qualified individual with ex7 pertise in marine or freshwater ecological risk

8 assessment;

9 ‘‘(B) reflect a balance among areas of ex10 pertise consistent with the purposes of this sec11 tion;

12 ‘‘(C) not include Federal employees or di13 rectors of sea grant colleges; and

14 ‘‘(D) reflect geographic balance, consistent

15 with the primary objectives of a high level ex16 pertise and balance among areas of expertise.

17 ‘‘(3) ALLOWANCES.—Each member of the Ma18 rine Biotechnology Review Panel shall receive travel

19 expenses, including per diem in lieu of subsistence,

20 in accordance with sections 5702 and 5703 of title

21 5, United States Code.

22 ‘‘(4) FACA NOT APPLICABLE.—The Federal

23 Advisory Committee Act does not apply to the Ma24 rine Biotechnology Review Panel.’’.
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1 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

2 Section 212 of the National Sea Grant College Pro3 gram Act (33 U.S.C. 1131) is amended—

4 (1) by striking out ‘‘209,’’ in subsection (b) and

5 inserting ‘‘209 but not including section 206A,’’;

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

7 (e) as subsection (d), (e), and (f), respectively; and

8 (3) by inserting after subsection (b) the follow9 ing:

10 ‘‘(c) MARINE BIOTECHNOLOGY PROGRAM.—

11 ‘‘(1) GRANTS AND CONTRACTS.—There is au12 thorized to be appropriated to carry out the provi13 sions of section 206A (other than for administra14 tion) an amount—

15 ‘‘(A) for each of fiscal years 1994 and

16 1995, not to exceed $20,000,000; and

17 ‘‘(B) for each of fiscal year 1996 and

18 1997, not to exceed $25,000,000.

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

20 be appropriated for the administration of section

21 206A, an amount—

22 ‘‘(A) for each of fiscal years 1994 and

23 1995, not to exceed $200,000; and

24 ‘‘(B) for each of fiscal years 1996 and

25 1997, not to exceed $250,000.’’.
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1 SEC. 5. DEFINITION.

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

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

4 ‘‘marine biotechnology,’’ after ‘‘marine technology,’’.

Passed the House of Representatives July 13, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.