[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1916 Referred in Senate (RFS)]

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 Representatives 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 increase the utility of 
        products from the oceans;
            (3) marine biotechnology can improve the condition 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 compared 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 biotechnology 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 cellular 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, education 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 directors 
        of the sea grant colleges and the Marine Biotechnology Review 
        Panel established under subsection (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 technology 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 sentence 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 recommendations for award made by the 
                Marine Biotechnology Review Panel under subsection (f).
                    ``(B) General exceptions.--The Secretary 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 genetically 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 
                activities proposed in the grant or contract that 
                involve 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 contracts entered 
                into, under this section shall be funded with moneys 
                available from appropriations made pursuant to the 
                authorization provided for under section 212(c).
    ``(e) Research on Genetically Modified Organisms.--
            ``(1) Definition.--As used in this subsection, the term 
        `genetically modified organism' means a living marine or 
        freshwater organism in which the genetic material 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.
            ``(2) Safe conduct of certain research.--The Secretary 
        shall ensure that any activity funded by the National Sea Grant 
        College Program involving 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 Secretary publishes in the Federal Register 
        performance standards for the National Sea Grant College 
        Program for safely conducting research involving genetically 
        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 determines 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 directors 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 
                applications made under this section for grants and 
                contracts to determine their respective scientific, 
                technical, educational, and commercial merits and 
                likely contributions toward achieving the purposes of 
                this section; and
                    ``(B) on the basis of the review under subparagraph 
                (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 individuals with 
                scientific or technical expertise in marine 
                biotechnology or relevant related fields, including at 
                least 1 qualified individual with expertise in marine 
                or freshwater ecological risk assessment;
                    ``(B) reflect a balance among areas of expertise 
                consistent with the purposes of this section;
                    ``(C) not include Federal employees or directors of 
                sea grant colleges; and
                    ``(D) reflect geographic balance, consistent with 
                the primary objectives of a high level expertise and 
                balance among areas of expertise.
            ``(3) Allowances.--Each member of the Marine 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 Marine Biotechnology Review Panel.''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    Section 212 of the National Sea Grant College Program 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 following:
    ``(c) Marine Biotechnology Program.--
            ``(1) Grants and contracts.--There is authorized to be 
        appropriated to carry out the provisions of section 206A (other 
        than for administration) 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.