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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Marine Biotechnology
Investment Act of 1993’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) the oceans have for millennia been a source
of food, minerals and other natural products;
(2) molecular biology and biotechnology hold
tremendous potential to expand the range and in-
crease the utility of products from the oceans;
(3) marine biotechnology can improve the con-
dition of marine ecosystems by developing substitute
products that decrease the harvest pressure on living
resources, improving the production of aquaculture,
providing new tools for understanding ecological and
evolutionary processes, and improving the techniques
for remediation of environmental damage;
(4) the United States is currently preeminent in
marine biotechnology but its competitive edge is
threatened by inadequate public investment com-
pared with other leaders in this field; and
(5) in order to support job creation, stimulate
private sector investment, and maintain preeminence
in marine biotechnology, the United States should
establish a national program for marine bio-
technology within the National Sea Grant College
Program and greatly increase its investment in this
promising new area of research and development.
SEC. 3. MARINE BIOTECHNOLOGY PROGRAM.
The National Sea Grant College Program Act (33
U.S.C. 1121 et seq.) is amended by inserting after section
205 the following:
‘‘SEC. 206A. MARINE BIOTECHNOLOGY PROGRAM.
‘‘(a) DEFINITION OF MARINE BIOTECHNOLOGY.—As
used in this section and section 203(4), the term ‘marine
biotechnology’ means the application of molecular and cel-
lular biology to marine and fresh water organisms for the
purpose of identifying, developing, and enhancing products
derived from those organisms.
‘‘(b) MARINE BIOTECHNOLOGY PROGRAM.—Subject
to the availability of appropriations under section 212(c),
the National Sea Grant College Program provided for
under section 204 shall include a marine biotechnology
program under which the Secretary, acting through the
Director, shall—
‘‘(1) make grants and enter into contracts in
accordance with this section; and
‘‘(2) engage in other activities authorized under
this Act;
to further research, development, risk assessment, edu-
cation and technology transfer in marine biotechnology.
‘‘(c) ADMINISTRATION.—In carrying out the marine
biotechnology program, the Secretary shall—
‘‘(1) coordinate the relevant activities of the di-
rectors of the sea grant colleges and the Marine Bio-
technology Review Panel established under sub-
section (f); and
‘‘(2) provide general oversight of the review
process under subsection (f)(1) to ensure that the
marine biotechnology program produces the highest
quality research, development, education, and tech-
nology transfer.
‘‘(d) GRANTS AND CONTRACTS.—
‘‘(1) APPLICATIONS.—Applications for grants
and contracts under this subsection shall be—
‘‘(A) made in such form and manner, and
include such content and submissions, as the
Secretary shall by regulation prescribe;
‘‘(B) forwarded through the appropriate
directors of sea grant colleges to the National
Sea Grant Office; and
‘‘(C) reviewed by the Marine Biotechnology
Review Panel in accordance with subsection (f).
‘‘(2) TERMS AND CONDITIONS.—Any reference
in subsection (d) of section 205 or in the last sen-
tence of subsection (a) of section 205 to grants and
contracts provided for under that section shall be
treated, as the context requires, as including any
grant applied for or made, or contract applied for or
entered into, under this section.
‘‘(3) AWARDING OF GRANTS AND CONTRACTS.—
‘‘(A) PANEL RECOMMENDATIONS.—Subject
to subparagraph (B) and subsection (e), the
Secretary shall award grants and contracts
under this section on the basis of the rec-
ommendations for award made by the Marine
Biotechnology Review Panel under subsection
(f).
‘‘(B) GENERAL
EXCEPTIONS.—The Sec-
retary shall not award a grant or contract if the
Secretary determines that the award—
‘‘(i) is based on a recommendation
from the Panel that may involve a conflict
of interest;
‘‘(ii) fails to meet the requirements of
this section; or
‘‘(iii) fails to comply with relevant
governmental or institutional procedures
for the management of external grant or
contract programs.
‘‘(C) EXCEPTION
RELATING
TO
GENETI-
CALLY MODIFIED ORGANISMS.—The Secretary
shall not award a grant or contract involving
the release of genetically modified organisms, as
defined in subsection (e)(1), unless the activi-
ties proposed in the grant or contract that in-
volve genetically modified organisms—
‘‘(i) have been reviewed and approved
under other applicable Federal law; or
‘‘(ii) are found by the Secretary,
based on a written assessment, to pose no
significant environmental risk.
‘‘(D) DOCUMENTATION.—The Secretary
shall document, and promptly inform the Panel
of, each recommended award that is rejected
under subparagraph (B) or (C).
‘‘(E) FUNDING.—Grants made, and con-
tracts entered into, under this section shall be
funded with moneys available from appropria-
tions made pursuant to the authorization pro-
vided for under section 212(c).
‘‘(e) RESEARCH ON GENETICALLY MODIFIED ORGA-
NISMS.—
‘‘(1) DEFINITION.—As used in this subsection,
the term ‘genetically modified organism’ means a liv-
ing marine or freshwater organism in which the ge-
netic material has been purposely altered at the mo-
lecular or cellular level in a way that could not result
from the natural reproductive process of that spe-
cies.
‘‘(2) SAFE CONDUCT OF CERTAIN RESEARCH.—
The Secretary shall ensure that any activity funded
by the National Sea Grant College Program involv-
ing genetically modified organisms complies with—
‘‘(A) the guidelines for research involving
recombinant DNA molecules published in the
Federal Register on May 7, 1986 (51 F.R.
16958 et seq.); and
‘‘(B) when promulgated (unless paragraph
(3) applies), the performance standards for
safely conducting research involving genetically
modified finfish and shellfish developed by the
Agricultural Biotechnology Research Advisory
Committee.
‘‘(3) SEA
GRANT
PROGRAM
PERFORMANCE
STANDARDS.—The performance standards referred
to in subparagraph 2(B) shall not apply if the Sec-
retary publishes in the Federal Register performance
standards for the National Sea Grant College Pro-
gram for safely conducting research involving geneti-
cally modified finfish and shellfish.
‘‘(4) TERMINATION OF AWARD.—The Secretary
shall promptly withdraw any award of the National
Sea Grant College Program for activities involving
genetically modified organisms if the Secretary de-
termines that the grantee or contractee in question
has failed to abide by the guidelines and applicable
performance standards referred to in this subsection.
‘‘(f) MARINE BIOTECHNOLOGY REVIEW PANEL.—
‘‘(1) ESTABLISHMENT
AND
DUTIES.—Subject
to the availability of appropriations under section
212(c), the Director, in consultation with the direc-
tors of the sea grant colleges, shall convene a panel,
to be known as the Marine Biotechnology Review
Panel, that shall—
‘‘(A) review, on a competitive basis, the ap-
plications made under this section for grants
and contracts to determine their respective sci-
entific, technical, educational, and commercial
merits and likely contributions toward achieving
the purposes of this section; and
‘‘(B) on the basis of the review under sub-
paragraph (A), and with due regard for the
overall balance and coordination of the marine
biotechnology program, make recommendations
to the Secretary regarding the awarding of
grants and contracts under this section.
‘‘(2) COMPOSITION.—The Marine Biotechnology
Review Panel shall—
‘‘(A) consist of not more than 15 individ-
uals with scientific or technical expertise in ma-
rine biotechnology or relevant related fields, in-
cluding at least 1 qualified individual with ex-
pertise in marine or freshwater ecological risk
assessment;
‘‘(B) reflect a balance among areas of ex-
pertise consistent with the purposes of this sec-
tion;
‘‘(C) not include Federal employees or di-
rectors of sea grant colleges; and
‘‘(D) reflect geographic balance, consistent
with the primary objectives of a high level ex-
pertise and balance among areas of expertise.
‘‘(3) ALLOWANCES.—Each member of the Ma-
rine Biotechnology Review Panel shall receive travel
expenses, including per diem in lieu of subsistence,
in accordance with sections 5702 and 5703 of title
5, United States Code.
‘‘(4) FACA NOT
APPLICABLE.—The Federal
Advisory Committee Act does not apply to the Ma-
rine Biotechnology Review Panel.’’.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 212 of the National Sea Grant College Pro-
gram Act (33 U.S.C. 1131) is amended—
(1) by striking out ‘‘209,’’ in subsection (b) and
inserting ‘‘209 but not including section 206A,’’;
(2) by redesignating subsections (c), (d), and
(e) as subsection (d), (e), and (f), respectively; and
(3) by inserting after subsection (b) the follow-
ing:
‘‘(c) MARINE BIOTECHNOLOGY PROGRAM.—
‘‘(1) GRANTS AND CONTRACTS.—There is au-
thorized to be appropriated to carry out the provi-
sions of section 206A (other than for administra-
tion) an amount—
‘‘(A) for each of fiscal years 1994 and
1995, not to exceed $20,000,000; and
‘‘(B) for each of fiscal year 1996 and
1997, not to exceed $25,000,000.
‘‘(2) ADMINISTRATION.—There is authorized to
be appropriated for the administration of section
206A, an amount—
‘‘(A) for each of fiscal years 1994 and
1995, not to exceed $200,000; and
‘‘(B) for each of fiscal years 1996 and
1997, not to exceed $250,000.’’.
SEC. 5. DEFINITION.
Section 203(4) of the National Sea Grant College
Program Act (33 U.S.C. 1122(4)) is amended by inserting
‘‘marine biotechnology,’’ after ‘‘marine technology,’’.
Passed the House of Representatives July 13, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.