Text: H.R.161 — 101st Congress (1989-1990)All Information (Except Text)

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HR 161 IH
101st CONGRESS
1st Session
 H. R. 161
To establish a program to provide financial assistance for research relating
to oyster diseases.
IN THE HOUSE OF REPRESENTATIVES
January 3, 1989
Mr. DYSON introduced the following bill; which was referred to the Committee
on Merchant Marine and Fisheries
A BILL
To establish a program to provide financial assistance for research relating
to oyster diseases.
  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 `Oyster Disease Research Assistance Act'.
SEC. 2. DEFINITIONS.
  As used in this Act:
  (1) The term `Advisory Committee' means the Oyster Research Program Advisory
  Committee established under section 5.
  (2) The term `Chief Scientist' means the Chief Scientist of the National
  Oceanographic and Atmospheric Administration.
  (3) The term `eligible institution' means--
  (A) any public or private institution of higher education;
  (B) any consortium of two or more institutions referred to in subparagraph
  (A); and
  (C) any agency of the United States Government or any State or local
  government.
  (4) The term `priority oyster disease' means any oyster disease that should
  be the subject of expedited research because of the severity of the effects
  of such disease, as compared with the effects of other oyster diseases, on--
  (A) the economic health of the affected oyster harvesting and processing
  industries;
  (B) human health; and
  (C) the health of other living marine resources.
  (5) The term `priority research category' means any area of research that has
  potential value as a component of ongoing systematic research to eliminate,
  or to reduce substantially the incidence and effects of, priority oyster
  diseases, including, but not limited to, areas of research regarding--
  (A) the elucidation of the life cycles of priority oyster diseases to
  determine whether there are other hosts involved in their transmission;
  (B) the understanding of all of the operative mechanisms that underlie
  immunity in oysters and stimulate higher and more effective immunologic
  responses to invading pathogens;
  (C) the development of genetic strains of oysters that are significantly
  more resistant to infectious diseases;
  (D) the determination of the influences of the environment on the efficiency
  of oyster immune mechanisms;
  (E) the understanding and the mapping of the DNA condons responsible for
  the phenotypic expressions that compromise the immune mechanisms of oysters;
  (F) the understanding of the interactions between the parasites and the
  oyster, including the response of the host to infection and the causes of
  host mortality; and
  (G) improvement in the identification of parasites and more cost-effective
  diagnostic methods.
  (6) The term `program' means the oyster disease research program established
  under section 3.
SEC. 3. OYSTER DISEASE RESEARCH PROGRAM.
  In consultation with the Advisory Committee pursuant to section 5, the
  Chief Scientist shall establish and administer an oyster disease research
  program. The program shall include--
  (1) the identification of those oyster diseases that are priority oyster
  diseases, except that the Chief Scientist shall include--
  (A) Haplosporidium nelsoni (MSX),
  (B) Perkinsus marinus (Dermo), and
  (C) Haplosporidium costale (SSO),
among the initial priority oyster diseases identified for purposes of the
program;
  (2) the identification and specification of priority research categories
  with respect to priority oyster diseases;
  (3) the provision of assistance under section 4 to support the research
  in priority research categories; and
  (4) a process for making the results of the research assisted under this
  Act available to other research entities and interested persons.
SEC. 4. RESEARCH ASSISTANCE.
  (a) IN GENERAL- Any eligible institution may apply under this section for
  assistance in the form of a grant by submitting a proposal for the carrying
  out of research in one or more priority research categories.
  (b) FACTORS IN AWARD OF ASSISTANCE- In deciding whether to award assistance
  under this section for any research, the Chief Scientist shall take into
  account--
  (1) the value of the research to understanding the fundamentals of oyster
  disease processes;
  (2) the potential value of the research to the oyster industry;
  (3) the extent and nature of other research, if any, being carried out in
  the same or similar categories;
  (4) the experience of the applicant in carrying out research of the kind
  proposed;
  (5) the adequacy of the laboratory and other facilities of the applicant
  for carrying out the research; and
  (6) any other factor the Chief Scientist considers relevant.
  (c) FORM OF ASSISTANCE- The amount of assistance that the Chief Scientist
  may award under this section with respect to any priority research proposal
  may equal up to 100 percent of the annual cost of--
  (1) the necessary staff to engage in the research;
  (2) the laboratory equipment and supplies necessary for carrying out
  the research;
  (3) the field equipment required for data gathering and sampling; and
  (4) such other elements relating to the research as the Chief Scientist
  considers appropriate.
  (d) LIMITATIONS- The awarding of assistance under this section shall be
  subject to such terms, conditions, and limitations as the Chief Scientist
  considers necessary to protect the interests of the United States.
SEC. 5. OYSTER RESEARCH PROGRAM ADVISORY COMMITTEE.
  (a) ESTABLISHMENT AND FUNCTIONS- There is established the Oyster Research
  Program Advisory Committee which shall provide advice and information to
  the Chief Scientist regarding--
  (1) the identification of priority oyster diseases, and the identification
  and specification of priority research categories, under section 3;
  (2) the establishment and administration of the program; and
  (3) any other matter related to the carrying out of this Act for which
  the Chief Scientists requests advice or information.
  (b) MEMBERSHIP-
  (1) The Advisory Committee shall consist of 9 members appointed by the Chief
  Scientist from among individuals who are knowledgeable by reason of education
  and experience regarding oyster diseases and the effects of such diseases.
  (2) The Chief Scientist shall make the appointments under paragraph (1)
  so as to ensure that each of the following regions is represented by 2
  members who are familiar with the oyster diseases (and the effects thereof)
  of that region:
  (A) The region consisting of the Atlantic seaboard States north of North
  Carolina.
  (B) The region consisting of the States of North Carolina, South Carolina,
  and Georgia.
  (C) The region consisting of the States adjacent to the Gulf of Mexico.
  (D) The region consisting of the States of California, Oregon, and
  Washington.
  (3) The Chief Scientist shall solicit the views of the Department of the
  Interior, the National Science Foundation, the National Institutes of
  Health, and the Food and Drug Administration regarding--
  (A) individuals, if any, who, in the opinion of the agency, merit
  consideration by the Chief Scientist for appointment as a member of the
  Advisory Committee; and
  (B) each individual with respect to whom the Chief Scientist has decided
  to offer an appointment to the Advisory Committee.
  (4) A vacancy in the Advisory Committee shall be filled in the manner in
  which the original appointment was made.
  (5) No officer or employee of the United States Government is eligible
  for appointment as a member of the Advisory Committee.
  (c) TERMS OF MEMBERSHIP-
  (1) The term of membership on the Advisory Committee is 3 years; except
  that of the members initially appointed, 3 members shall serve for a term
  of 3 years, 3 members shall serve for a term of 2 years, and 3 members
  shall serve for a term of 1 year.
  (2) No individual is eligible to serve more than 1 full term as a member
  of the Advisory Committee.
  (d) PAY AND EXPENSES-
  (1) Members of the Advisory Committee shall serve without pay.
  (2) While away from their homes or regular places of business in the
  performance of services for the Advisory Committee, members of the Advisory
  Committee shall be allowed travel expenses, including per diem in lieu of
  subsistence, in the same manner as persons employed intermittently in the
  Government service are allowed expenses under section 5703(b) of title 5
  of the United States Code.
  (e) SUPPORT- The Chief Scientist shall provide the Advisory Committee with
  technical and administrative support.
  (f) INAPPLICABILITY OF FACA- The Federal Advisory Committee Act does not
  apply to the Advisory Committee.
SEC. 6. FEDERAL AGENCY CONSULTATION.
  The Chief Scientist shall consult with appropriate officers of the Department
  of the Interior, the National Science Foundation, the National Institutes
  of Health, and the Food and Drug Administration, with respect to--
  (1) the identification of priority oyster diseases, and the identification
  and specification of priority research categories, under section 3; and
  (2) matters covered by the biennial review required under section 7.
SEC. 7. PROGRAM REVIEW AND REPORTS.
  (a) REVIEW- The Chief Scientist shall undertake a review of the program not
  less than every 2 years and, on the basis of the review, make such changes
  in the identification of priority oyster diseases, the identification and
  specification of priority research categories, and the administration of
  section 4 that the Chief Scientist considers appropriate.
  (b) REPORT- The Chief Scientist shall submit a biennial report to Congress
  regarding the operation of the program.
The report shall include, with respect to the period covered by the report--
  (1) a description of the research assisted under the program and the
  results of such research;
  (2) all changes made by the Chief Scientist to the program under subsection
  (a) since the last report; and
  (3) any recommendation for legislative action regarding the program that
  the Chief Scientist considers necessary.