I

103D CONGRESS

1ST SESSION H. R. 1916

To establish a marine biotechnology program within the National Sea Grant

College Program.

IN THE HOUSE OF REPRESENTATIVES

APRIL 28, 1993

Mr. STUDDS (for himself, Mr. HOCHBRUECKNER, Mr. HOYER, Ms. SCHENK,

Mr. JOHNSON of Georgia, Mr. KOPETSKI, Mr. MANTON, Mr. KREIDLER,

Mrs. UNSOELD, Mr. MCDERMOTT, Mr. FIELDS of Texas, Mr. YOUNG of

Alaska, Mr. SWIFT, Mrs. MORELLA, Mr. RAVENEL, Ms. CANTWELL, Mr.

LIPINSKI, and Mr. SAXTON) introduced the following bill; which was referred to the Committee on Merchant Marine and Fisheries

A BILL

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, the term ‘marine biotechnology’

8 means the application of molecular and cellular biology to

9 marine and fresh water organisms for the purpose of iden10 tifying, developing, and enhancing products derived from

11 those organisms.

12 ‘‘(b) MARINE BIOTECHNOLOGY PROGRAM.—The Na13 tional Sea Grant College Program provided for under sec14 tion 204 shall include a marine biotechnology program

15 under which the Secretary, acting through the Director,

16 shall—

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

18 accordance with this section; and

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

20 this Act;

21 to further research, development, education and tech22 nology transfer in marine biotechnology

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

24 biotechnology program, the Secretary shall—

25 ‘‘(1) coordinate the relevant activities of the di26 rectors of the sea grant colleges and the Marine Bio-
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1 technology Review Panel established under sub2 section (e); and

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

4 process under subsection (e)(1) to ensure that the

5 marine biotechnology program produces the highest

6 quality research, development, education, and tech7 nology transfer.

8 ‘‘(d) GRANTS AND CONTRACTS.—

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

10 and contracts under this subsection shall be—

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

12 include such content and submissions, as the

13 Secretary shall by regulation prescribe;

14 ‘‘(B) forwarded through the appropriate

15 directors of sea grant colleges to the National

16 Sea Grant Office; and

17 ‘‘(C) reviewed by the Marine Biotechnology

18 Review Panel in accordance with subsection (e).

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

20 in the last sentence of subsection (a), or in sub21 section (d), of section 205 to grants and contracts

22 provided for under that section shall be treated, as

23 the context requires, as including any grant applied

24 for or made, or contract applied for or entered into,

25 under this section.
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1 ‘‘(3) AWARDING OF GRANTS AND CONTRACTS.—

2 ‘‘(A) PANEL RECOMMENDATIONS.—The

3 Secretary shall award grants and contracts

4 under this section on the basis of the rec5 ommendations for award made by the Marine

6 Biotechnology Review Panel under subsection

7 (e); except that the Secretary may take excep8 tion to any recommendation of the Panel if the

9 Secretary determines that the recommendation

10 involves, in whole or part—

11 ‘‘(i) a conflict of interest;

12 ‘‘(ii) a failure to meet the require13 ments of this section; or

14 ‘‘(iii) a failure to comply with relevant

15 governmental or institutional procedures

16 for the management of external grant or

17 contract programs.

18 The Secretary shall document, and promptly in19 form the Panel of, each exception taken under

20 this paragraph.

21 ‘‘(B) FUNDING.—Grants made, and con22 tracts entered into, under this section shall be

23 funded with moneys available from appropria24 tions made pursuant to the authorization pro25 vided for under section 212(c), unless the
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1 project under the grant or contract was consid2 ered and approved, in whole or part, under

3 grant or contract authority provided for under

4 section 205(a) or (b) or section 3 of the Sea

5 Grant Program Improvement Act of 1976.

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

7 ‘‘(1) ESTABLISHMENT AND DUTIES.—The Di8 rector, in consultation with the directors of the sea

9 grant colleges, shall convene a panel, to be known as

10 the Marine Biotechnology Review Panel, that shall—

11 ‘‘(A) review, on a competitive basis, the ap12 plications made under this section for grants

13 and contracts to determine their respective sci14 entific, technical, educational, and commercial

15 merits and likely contributions toward achieving

16 the purposes of this section; and

17 ‘‘(B) on the basis of the review under sub18 paragraph (A), and with due regard for the

19 overall balance and coordination of the marine

20 biotechnology program, make recommendations

21 to the Secretary regarding the awarding of

22 grants and contracts under this section.

23 ‘‘(2) COMPOSITION.—The Marine Biotechnology

24 Review Panel shall—
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1 ‘‘(A) consist of not more than 15 individ2 uals with scientific or technical expertise in ma3 rine biotechnology or relevant related fields;

4 ‘‘(B) reflect a balance among areas of ex5 pertise consistent with the purposes of this sec6 tion;

7 ‘‘(C) not include Federal employees or di8 rectors of sea grant colleges; and

9 ‘‘(D) reflect geographic balance, consistent

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

12 ‘‘(3) ALLOWANCES.—Each member of the Ma13 rine Biotechnology Review Panel shall receive travel

14 expenses, including per diem in lieu of subsistence,

15 in accordance with sections 5702 and 5703 of title

16 5, United States Code.

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

18 Advisory Committee Act does not apply to the Ma19 rine Biotechnology Review Panel.’’.

20 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

21 Section 212 of the National Sea Grant College Pro22 gram Act (33 U.S.C. 1131) is amended—

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

24 inserting ‘‘209 but not including section 206A,’’;
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1 (2) by redesignating subsections (c), (d), and

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

3 (3) by inserting after subsection (b) the follow4 ing:

5 ‘‘(c) MARINE BIOTECHNOLOGY PROGRAM.—

6 ‘‘(1) GRANTS AND CONTRACTS.—There is au7 thorized to be appropriated to carry out the provi8 sions of section 206A (other than for administra9 tion) an amount—

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

11 1995, not to exceed $20,000,000; and

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

13 1997, not to exceed $25,000,000.

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

15 be appropriated for the administration of section

16 206A, an amount—

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

18 1995, not to exceed $200,000; and

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

20 1997, not to exceed $250,000.’’.

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