229
‘‘(ii) 
workshops 
with 
interested
groups;
‘‘(iii) public service announcements;
‘‘(iv) distribution of leaflets and post-
ers; and
‘‘(v) any other means appropriate to
educating the public.
‘‘(B) GRANTS AND COOPERATIVE AGREE-
MENTS.—To carry out this section, the Sec-
retary of the department in which the Coast
Guard is operating, the Secretary of Commerce,
and the Administrator of the Environmental
Protection Agency are authorized to award
grants, enter into cooperative agreements with
appropriate officials of other Federal agencies
and agencies of States and political subdivisions
of States, and provide other financial assistance
to eligible recipients.
‘‘(C) CONSULTATION.—In developing out-
reach initiatives targeted at the interested
groups that are subject to the requirements of
this title and the Act to Prevent Pollution from
Ships (33 U.S.C. 1901 et seq.), the Secretary
of the department in which the Coast Guard is
operating, in consultation with the Secretary of
230
Commerce and the Administrator of the Envi-
ronmental Protection Agency, shall consult
with—
‘‘(i) the heads of State agencies re-
sponsible for implementing State boating
laws; and
‘‘(ii) the heads of other enforcement
agencies that regulate boaters or commer-
cial fishermen.’’.
(e) COORDINATION.—
(1) ESTABLISHMENT OF MARINE DEBRIS CO-
ORDINATING COMMITTEE.—The Secretary of Com-
merce shall establish a Marine Debris Coordinating
Committee (referred to in this section as the ‘‘Com-
mittee’’).
(2) MEMBERSHIP.—The Committee shall in-
clude a senior official from—
(A) the National Oceanic and Atmospheric
Administration, who shall serve as the Chair-
person of the Committee;
(B) the Environmental Protection Agency;
(C) the United States Coast Guard;
(D) the United States Navy; and
(E) such other Federal agencies that have
an interest in ocean issues or water pollution
231
prevention and control as the Secretary of Com-
merce determines appropriate.
(3) MEETINGS.—The Committee shall meet at
least twice a year to provide a forum to ensure the
coordination of national and international research,
monitoring, education, and regulatory actions ad-
dressing the persistent marine debris problem.
(f) MONITORING.—The Secretary of Commerce, in
cooperation with the Administrator of the Environmental
Protection Agency, shall utilize the marine debris data de-
rived under title V of the Marine Protection, Research,
and Sanctuaries Act of 1972 (33 U.S.C. 2801 et seq.) to
assist the United States Coast Guard in assessing the ef-
fectiveness of this section.
SEC. 2013. COST ACCOUNTING FOR HAITIAN OPERATIONS.
(a) No later than 30 days after the enactment of this
Act, the Secretary of Transportation shall submit a full
accounting of all Coast Guard costs related to Haiti dur-
ing fiscal year 1994 to the Committee on Merchant Ma-
rine and Fisheries in the House of Representatives and
to the Committee on Commerce, Science, and Transpor-
tation in the Senate. This accounting shall include num-
bers of Coast Guard personnel involved, the numbers of
Coast Guard vessels involved, and the amount of funds
diverted from other Coast Guard missions.
232
(b) Until all United States military operations in
Haiti cease, the Secretary of Transportation shall submit
monthly reports on all Coast Guard costs related to Haiti
to the Committee on Merchant Marine and Fisheries in
the House of Representatives and to the Committee on
Commerce, Science, and Transportation in the Senate.
SEC. 2014. PLAN FOR RESCUE OF PASSENGERS ON THE
CHESAPEAKE BAY.
(a) The Secretary of the department in which the
Coast Guard is operating, in consultation with officials of
the States of Maryland and Virginia, and other interested
persons, shall develop and submit to Congress by March
30, 1995, a plan for the rescue of persons transported on
passenger vessels or small passenger vessels on the Chesa-
peake Bay.
(b) The plan developed in subsection (a) shall in-
clude—
(1) a protocol for command, control, and com-
munications among Federal, State, and local au-
thorities;
(2) a protocol for training exercises to prepare
for an emergency rescue on the Chesapeake Bay;
(3) an identification of emergency medical per-
sonnel that would be available for an emergency res-
cue on the Chesapeake Bay; and
233
(4) an identification of procedures to be fol-
lowed and equipment that would be needed in the
event of weather that could result in hypothermia of
the passengers.
SEC. 
2015. 
BOARD 
FOR 
CORRECTION 
OF 
MILITARY
RECORDS DEADLINE.
(a) Ten months after a complete application for cor-
rection of military records is received by the Board for
Correction of Military Records of the Coast Guard, admin-
istrative remedies are deemed to have been exhausted,
and—
(1) if the Board has rendered a recommended
decision, its recommendation shall be final agency
action and not subject to further review or approval
within the Department of Transportation; or
(2) if the Board has not rendered a rec-
ommended decision, agency action is deemed to have
been unreasonably delayed or withheld and the ap-
plicant is entitled to—
(A) an order under section 706(1) of title
5, United States Code, directing final action be
taken within 30 days from the date the order
is entered; and
(B) from amounts appropriated to the De-
partment of Transportation, the costs of obtain-
234
ing the order, including a reasonable attorney’s
fee.
(b) The 10-month deadline established in section 212
of the Coast Guard Authorization Act of 1989 (Public
Law 101–225, 103 Stat. 1914) is mandatory, and applies
to any application pending before the Board or the Sec-
retary of Transportation on June 12, 1990.
TITLE 
XXI—MARINE 
BIO-
TECHNOLOGY 
INVESTMENT
ACT OF 1993
SEC. 2101. SHORT TITLE.
This Title may be cited as the ‘‘Marine Biotechnology
Investment Act of 1993’’.
SEC. 2102. FINDINGS.
Congress finds and declares the following:
(1) Throughout human history, the oceans and
Great Lakes have been an important source of food
and a wealth of other natural products.
(2) Marine biotechnology holds tremendous
promise for expanding the range and increasing the
utility of products from the oceans, understanding
and treating human illness, and enhancing the qual-
ity and quantity of seafood.
(3) Marine biotechnology offers opportunities to
improve the stewardship of marine resources
235
through the development and application of effective
methods to restore and protect marine ecosystems,
to manage fisheries, to promote the economic growth
of coastal economies (particularly those which rely
substantially on income from traditional fisheries),
and to monitor marine biological and geochemical
processes.
(4) The United States currently is a world lead-
er in marine biotechnology, a position with the po-
tential for contributing to business and manufactur-
ing innovations, creation of new jobs, and stimula-
tion of private sector investment.
(5) Maintaining national leadership in the face
of growing foreign competition will require federal
investment in a well-defined and coordinated na-
tional program of research, development and private
sector partnership, based on the existing responsibil-
ities and expertise of the National Oceanic and At-
mospheric Administration and other federal agen-
cies.
(6) In particular, the National Sea Grant Col-
lege Program should play a leading role in the devel-
opment of marine biotechnology in the United
States, building on proven capabilities in research,
technology transfer, and education.
236
SEC. 2103. DEFINITIONS.
As used in this Title—
(1) The term ‘‘Council’’ means the Federal Co-
ordinating Council on Science, Engineering, and
Technology or any successor organization respon-
sible for the coordination of scientific research
among federal agencies and departments.
(2) The term ‘‘Director’’ means the Director of
the Office of Science and Technology Policy.
(3) The term ‘‘marine biotechnology’’ means
the application of molecular and cellular techniques
to marine or other aquatic organisms for the pur-
poses of—
(A) identifying, isolating, developing, and
enhancing products that are derived from the
aquatic environment;
(B) developing new techniques and proc-
esses that may be applied to marine and coastal
resources; and
(C) monitoring human health and treating
disease.
(4) The term ‘‘release of organisms’’ means—
(A) the intentional release; or
(B) the accidental release from a contained
research facility;
237
into the surrounding environment, of a living marine
or other aquatic organism in which the genetic mate-
rial has been purposely altered at the molecular or
cellular level in a way that could not result from the
natural reproductive process of that species.
(5) The term ‘‘Sea Grant director’’ means di-
rector of a college, program, or regional consortium
designated under the National Sea Grant College
Program Act (33 U.S.C. 1121 et seq.).
(6) The term ‘‘Secretary’’ means the Secretary
of Commerce.
(7) The term ‘‘Strategy’’ means the National
Marine Biotechnology Strategy developed under sec-
tion 2104, or any revision thereof.
SEC. 2104. NATIONAL MARINE BIOTECHNOLOGY STRATEGY.
(a) IN GENERAL.—The Director shall develop a Na-
tional Marine Biotechnology Strategy for the establish-
ment and implementation of a comprehensive research and
development effort to assist the nation in understanding
and using marine biotechnology. The Director shall submit
the Strategy to the President and Congress within one
year after the date of enactment of this Title and shall
submit a revised Strategy at least once every three years
thereafter.
238
(b) ELEMENTS OF THE STRATEGY.—The Strategy
shall—
(1) establish, for the five-year period beginning
in the year the Strategy is submitted, goals and pri-
orities for a coordinated Federal effort in marine
biotechnology;
(2) describe specific activities to achieve such
goals and priorities, including—
(A) basic and applied research initiatives;
(B) essential infrastructure development;
(C) education and training programs;
(D) development of partnerships among
government agencies, industry, and academia to
translate research findings into practical use;
(E) applications of marine biotechnology
which can be used to contribute to the economic
stability and vitality of economies based on tra-
ditional fisheries.
(3) set forth the role of each participation fed-
eral agency and department, identifying and ad-
dressing (consistent with the responsibilities estab-
lished in this Title) relevant programs and activities
of such agencies and departments that would con-
tribute to the effort;
239
(4) estimate, to the extent practicable, funding
requirements for the federal marine biotechnology
effort described in the Strategy; and
(5) provide for, which respect to federally fund-
ed activities that may involve release of organisms,
coordinated oversight by Federal departments and
agencies, including development of—
(A) guidelines and performance standards
that are necessary for the safe conduct of such
activities and for preventing significant environ-
mental risk; and
(B) procedures to ensure compliance with
such guidelines and performance standards.
(c) CONSULTATION.—In developing and revising the
Strategy, the Director—
(1) shall consult with Federal, State, academic,
commercial, and environmental entities involved in
marine biotechnology; and
(2) may convene meetings and workshops, in
consultation with the National Academy of Sciences
and the Sea Grant directors.
SEC. 2105. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN-
ISTRATION.
(a) IN GENERAL.—The Secretary, in consultation
with the council, shall, within the National Oceanic and
240
Atmospheric Administration, maintain a balanced pro-
gram of marine biotechnology activities, comprised of—
(1) the program established by section 206 of
the National Sea Grant College Program Act (33
U.S.C. 1121 et seq.), as added by section 2106 of
this Title;
(2) research conducted under agreements with
academic institutions for the purposes of developing
and applying marine biotechnology to the manage-
ment, conservation, and use of living marine re-
sources; and
(3) 
marine 
forensics, 
biotoxins, 
and
microbiological research on new methods for ensur-
ing the safety of seafood, implementing and enforc-
ing marine environmental statutes, and addressing
coastal pollution.
(b) RESTRICTION RELATING TO RELEASE OF ORGA-
NISMS.—
(1) IN GENERAL.—The Secretary shall not con-
duct activities (either directly or through the award
of a grant or contract) that may involve release of
organisms, unless such activities—
(A) have been reviewed and approved under
other applicable Federal law; or
241
(B) are found by the Secretary, based on the
Secretary’s written assessment, to pose no signifi-
cant environmental risk.
(2) CONDITIONS FOR MAKING A FINDING.—The
Secretary may make a finding under subparagraph
(1)(B)—
(A) in the case of an intentional release of
organisms, only after providing notice and an
opportunity for public comment;
(B) within 18 months after the date of the
enactment of this Title only, if the Secretary in-
cludes with the finding a brief but complete de-
scription of the basis for that finding; and
(C) after 18 months after the date of the
enactment of this Title, only after guidelines,
performance standards, and procedures nec-
essary for the safe conduct of activities by the
Department of Commerce that may involve the
release of organisms have been developed.
(c) TERMINATION OF AWARD.—The Secretary shall
promptly withdraw any award made under this Title if the
Secretary determines that the grantee or contractee in
question has failed to abide by the applicable guidelines,
performance standards, and procedures referred to in this
section or section 2104 of this Title.
242
(d) RESTRICTION ON PACIFIC SALMON.—The Sec-
retary shall only conduct research or award a grant or
contract for marine biotechnology applications intended to
promote or enhance farming, ranching, or other forms of
captive cultivation (other than stock identification or
hatchery enhancement of wild stocks) of any species of Pa-
cific salmon upon making a written finding that such
award, grant, or contract will not be detrimental to the
economic stability and responsible development of tradi-
tional coastal economies which rely substantially on the
harvest of wild stocks of Pacific salmon for a significant
portion of their livelihood.
(e) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to the sums authorized to be appropriated under sec-
tion 212 of the National Sea Grant College Program Act
(33 U.S.C. 1131), there are authorized to be appropriated
to the Secretary, to enable the National Oceanic and At-
mospheric Administration to carry out this Title,
$12,000,000 for each of fiscal years 1994, 1995, 1996,
and 1997.
SEC. 2106. SEA GRANT MARINE BIOTECHNOLOGY PRO-
GRAM.
(a) ESTABLISHMENT.—The National Sea Grant Col-
lege Program Act (33 U.S.C. 1121 et seq.) is amended
243
by inserting immediately after section 205 the following
new section:
‘‘SECTION 206. MARINE BIOTECHNOLOGY PROGRAM.
‘‘(a) 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, edu-
cation, technology transfer, and risk assessment in
marine biotechnology.
‘‘(b) 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 (d); and
‘‘(2) provide general oversight of the review
process under subsection (d)(1) to ensure that the
marine biotechnology program produces the highest
244
quality research, development, education, and tech-
nology transfer.
‘‘(c) GRANTS AND CONTRACTS.—
‘‘(1) APPLICATIONS.—Applications for grants
and contracts under this section shall be—
‘‘(A) made in such form and manner, and
include such content and submissions, as the
Secretary shall by advance notice prescribe;
‘‘(B) forwarded by the appropriate direc-
tors of sea grant colleges, along with an evalua-
tion by those directors of merit and pro-
grammatic relevance, to the National Sea Grant
Office; and
‘‘(C) reviewed by the Marine Biotechnology
Review Panel in accordance with subsection (d).
‘‘(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.—
The Secretary shall award grants and contracts
under this section on the basis of the recommenda-
245
tions for award made by the Marine Biotechnology
Review Panel under subsection (d).
‘‘(d) 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) MEMBERSHIP.—The Marine Biotechnology
Review Panel shall—
‘‘(A) consist of not more than 15 individ-
uals with scientific or technical expertise in ma-
246
rine biotechnology or relevant related fields, in-
cluding at least two qualified individuals with
expertise 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) include not more than two federal
employees, none of which may be employees of
the National Oceanic and Atmospheric Admin-
istration;
‘‘(D) not include directors of sea grant col-
leges; and
‘‘(E) reflect geographic balance, consistent
with the primary objectives of a high level of 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.’’.
(b) DEFINITIONS.—(1) Section 203 of the National
Sea Grant College Program Act (33 U.S.C. 1122) is
amended by redesignating paragraphs (6) through (15) as