[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1517 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1517

  To establish a marine biotechnology program within the National Sea 
             Grant College Program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 5 (legislative day, September 27), 1993

   Mr. Hollings (for himself, Mr. Pell, Mr. Kerry, and Mr. Stevens) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To establish a marine biotechnology program within the National Sea 
             Grant College Program, and for other purposes.

    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 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 quality and quantity of seafood.
            (3) Marine biotechnology offers opportunities to improve 
        the stewardship of marine resources through the development and 
        application of effective methods to restore and protect marine 
        ecosystems, to manage fisheries, and to monitor marine 
        biological and geochemical processes.
            (4) The United States currently is a world leader in marine 
        biotechnology, a position with the potential for contributing 
        to business and manufacturing innovations, creation of new 
        jobs, and stimulation 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 national program of research, 
        development, and private sector partnership, based on the 
        existing responsibilities and expertise of the National Oceanic 
        and Atmospheric Administration and other Federal agencies.
            (6) In particular, the National Sea Grant College Program 
        should play a leading role in the development of marine 
        biotechnology in the United States, building on proven 
        capabilities in research, technology transfer, and education.

SEC. 3. DEFINITIONS.

    As used in this Act--
            (1) The term ``Council'' means the Federal Coordinating 
        Council on Science, Engineering, and Technology or any 
        successor organization responsible 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 purposes of--
                    (A) identifying, isolating, developing, and 
                enhancing products that are derived from the marine 
                environment;
                    (B) developing and applying techniques to conserve, 
                manage, and protect marine and coastal resources; and
                    (C) monitoring human health and treating disease.
            (4) The term ``release of organisms'' means the intentional 
        or accidental release, from a contained research facility into 
        the surrounding environment, of a living marine or other 
        aquatic 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 organism.
            (5) The term ``Sea Grant director'' means the director 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 ``Strategy'' means the National Marine 
        Biotechnology Strategy developed under section 4, or any 
        revision thereof.

SEC. 4. NATIONAL MARINE BIOTECHNOLOGY STRATEGY.

    (a) In General.--The Director, through the Council and its 
Committee on Life Sciences and Health, shall develop a National Marine 
Biotechnology Strategy for the establishment 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 Act and shall submit a revised Strategy at 
least once every three years thereafter.
    (b) Elements of the Strategy.--The Strategy shall--
            (1) establish, for the ten-year period beginning in the 
        year the Strategy is submitted, goals and priorities 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; and
                    (D) development of partnerships among government 
                agencies, industry, and academia to translate research 
                findings into practical use;
            (3) set forth the role of each participating Federal agency 
        and department, identifying and addressing (consistent with the 
        responsibilities established in this Act) relevant programs and 
        activities of such agencies and departments that would 
        contribute to the effort;
            (4) estimate, to the extent practicable, funding 
        requirements for the Federal marine biotechnology effort 
        described in the Strategy; and
            (5) provide for, with respect to federally-funded 
        activities that may involve release of organisms, coordinated 
        oversight by Federal departments and agencies, including 
        establishment of--
                    (A) guidelines and performance standards that are 
                necessary for the safe conduct of such activities and 
                for preventing significant environmental 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;
            (2) may convene meetings and workshops, in consultation 
        with the National Academy of Sciences and the Sea Grant 
        directors; and
            (3) shall, within ninety days of the date of enactment of 
        this Act, contract with the National Academy of Sciences for a 
        report on activities that may involve release of organisms, 
        which shall--
                    (A) assess the nature, likelihood, and extent of 
                any potentially deleterious effects on the marine 
                environment associated with release of organisms;
                    (B) identify existing laws, regulations, 
                guidelines, and protocols that apply to release of 
                organisms;
                    (C) examine and evaluate the adequacy of oversight 
                by each Federal agency or department supporting 
                activities that may involve release of organisms; and
                    (D) recommend (for the conduct and oversight of 
                activities that may involve release of organisms) 
                regulations, guidelines, performance standards, and 
                procedures to assess and minimize the environmental 
                risk associated with such release.

SEC. 5. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

    (a) In General.--The Secretary of Commerce, in consultation with 
the Council, shall, within the National Oceanic and Atmospheric 
Administration, maintain a balanced program 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 6 of this Act;
            (2) research conducted under agreements with academic 
        institutions for the purposes of developing and applying marine 
        biotechnology to the management, conservation, and use of 
        living marine resources; and
            (3) marine forensics, biotoxins, and microbiological 
        research on new methods for ensuring the safety of seafood, 
        implementing and enforcing marine environmental statutes, and 
        addressing coastal pollution.
    (b) Restriction Relating to Release of Organisms.--The Secretary of 
Commerce shall not conduct activities (including the award of a grant 
or contract) that may involve release of organisms, unless such 
activities--
            (1) have been reviewed and approved under other applicable 
        Federal law; or
            (2) are found by the Secretary of Commerce, based on a 
        written assessment, to pose no significant environmental risk.
    (c) Authorization of Appropriations.--In addition to the sums 
authorized to be appropriated under section 212 of the National Sea 
Grant College Program Act (33 U.S.C. 1131), there are authorized to be 
appropriated to the Secretary of Commerce, to enable the National 
Oceanic and Atmospheric Administration to carry out this Act, not to 
exceed $12,000,000 for each of the fiscal years 1994, 1995, 1996, and 
1997.

SEC. 6. SEA GRANT MARINE BIOTECHNOLOGY PROGRAM.

    (a) Establishment.--The National Sea Grant College Program Act (33 
U.S.C. 1121 et seq.) is amended by inserting immediately after section 
205 the following new section:

``SEC. 206. MARINE BIOTECHNOLOGY PROGRAM.

    ``(a) Marine Biotechnology Program.--Subject to the availability of 
appropriations under section 212(d), 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, education, 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 directors 
        of the sea grant colleges and the Marine Biotechnology Review 
        Panel established under subsection (d); and
            ``(2) provide general oversight of the review process under 
        subsection (d)(1) to ensure that the marine biotechnology 
        program produces the highest quality research, development, 
        education, and technology 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 
                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 (d).
            ``(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.--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 (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 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) Membership.--The Marine Biotechnology Review Panel 
        shall--
                    ``(A) consist of not more than fifteen individuals 
                with scientific or technical expertise in marine 
                biotechnology or relevant related fields, including at 
                least one 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 of 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.''.
    (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 paragraphs (7) through (16), respectively, and by 
inserting after paragraph (5) the following new paragraph:
            ``(6) The term `marine biotechnology' means the application 
        of molecular and cellular techniques to marine and other 
        aquatic organisms for the purposes of--
                    ``(A) identifying, isolating, developing, and 
                enhancing products that are derived from the marine 
                environment;
                    ``(B) developing and applying techniques to 
                conserve, manage, and protect marine and coastal 
                resources; and
                    ``(C) monitoring human health and treating 
                disease.''.
    (2) Section 203(4) of the National Sea Grant College Program Act 
(33 U.S.C. 1122(4)) is amended by inserting ``marine biotechnology,'' 
immediately after ``marine technology,''.
    (c) Authorization of Appropriations.--Section 212 of the National 
Sea Grant College Program Act (33 U.S.C. 1131) is amended--
            (1) in subsection (b), by inserting ``but not including 
        section 206'' immediately after ``section 209'';
            (2) by redesignating subsections (c), (d), and (e) as 
        subsection (d), (e), and (f), respectively; and
            (3) by inserting immediately after subsection (b) the 
        following new subsection:
    ``(c) Marine Biotechnology Program.--
            ``(1) Grants and contracts.--There is authorized to be 
        appropriated to carry out the provisions of section 206 (other 
        than for administration) an amount--
                    ``(A) for each of the fiscal years 1994 and 1995, 
                not to exceed $20,000,000; and
                    ``(B) for each of the fiscal years 1996 and 1997, 
                not to exceed $25,000,000.
            ``(2) Administration.--There is authorized to be 
        appropriated for the administration of section 206, an amount--
                    ``(A) for each of the fiscal years 1994 and 1995, 
                not to exceed $200,000; and
                    ``(B) for each of the fiscal years 1996 and 1997, 
                not to exceed $250,000.''.

                                 <all>