NATIONAL SHELLFISH INDICATOR PROGRAM.

SEC. 308. NATIONAL SHELLFISH INDICATOR PROGRAM. (a) Establishment of a Research Program.— The Secretary of Commerce, in cooperation with the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency, shall establish and administer a 5-year national shellfish research program (hereafter in this section referred to as the “Program”) for the purpose of improving existing classification systems for shellfish growing waters using the latest technological advancements in microbiology and epidemiological methods. Within 12 months after the date of enactment of this Act, the Secretary of Commerce, in cooperation with the advisory committee established under subsection (b) and the Consortium, shall develop a comprehensive 5-year plan for the Program which shall at a minimum provide for— (1) an environmental assessment of commercial shellfish growing areas in the United States, including an evaluation of the relationships between indicators of fecal contamination and human enteric pathogens; (2) the evaluation of such relationships with respect to potential health hazards associated with human consumption of shellfish; (3) a comparison of the current microbiological methods used for evaluating indicator bacteria and human enteric pathogens in shellfish and shellfish growing waters with new technological methods designed for this purpose; (4) the evaluation of current and projected systems for human sewage treatment in eliminating viruses and other human enteric pathogens which accumulate in shellfish; (5) the design of epidemiological studies to relate microbiological data, sanitary survey data, and human shellfish consumption data to actual hazards to health associated with such consumption; and (6) recommendations for revising Federal shellfish standards and improving the capabilities of Federal and State agencies to effectively manage shellfish and ensure the safety of shellfish intended for human consumption. (b) Advisory Committee.— (1) For the purpose of providing oversight of the Program on a continuing basis, an advisory committee (hereafter in this section referred to as the “Committee”) shall be established under a memorandum of understanding between106 STAT. 4287 the Interstate Shellfish Sanitation Conference and the National Marine Fisheries Service. (2) The Committee shall— (A) identify priorities for achieving the purpose of the Program; (B) review and recommend approval or disapproval of Program work plans and plans of operation; (C) review and comment on all subcontracts and grants to be awarded under the Program; (D) receive and review progress reports from the Consortium and program subcontractors and grantees; and (E) provide such other advice on the Program as is appropriate. (3) The Committee shall consist of at least ten members and shall include— (A) three members representing agencies having authority under State law to regulate the shellfish industry, of whom one shall represent each of the Atlantic, Pacific, and Gulf of Mexico shellfish growing regions; (B) three members representing persons engaged in the shellfish industry in the Atlantic, Pacific, and Gulf of Mexico shellfish growing regions (who shall be appointed from among at least six recommendations by the industry members of the Interstate Shellfish Sanitation Conference Executive Board), of whom one shall represent the shellfish industry in each region; (C) three members, of whom one shall represent each of the following Federal agencies: the National Oceanic and Atmospheric Administration, the Environmental Protection Agency, and the Food and Drug Administration; and (D) one member representing the Shellfish Institute of North America. (4) The Chairman of the Committee shall be selected from among the Committee members described in paragraph (3)(A). (5) The Committee shall establish and maintain a subcommittee of scientific experts to provide advice, assistance, and information relevant to research funded under the Program, except that no individual who is awarded, or whose application is being considered for, a grant or subcontract under the Program may serve on such subcommittee. The membership of the subcommittee shall, to the extent practicable, be regionally balanced with experts who have scientific knowledge concerning each of the Atlantic, Pacific, and Gulf of Mexico shellfish growing regions. Scientists from the National Academy of Sciences and appropriate Federal agencies (including the National Oceanic and Atmospheric Administration, Food and Drug Administration, Centers for Disease Control, National Institutes of Health, Environmental Protection Agency, and National Science Foundation) shall be considered for membership on the subcommittee. (6) Members of the Committee and its scientific subcommittee established under this subsection shall not be paid for serving on the Committee or subcommittee, but shall receive travel expenses as authorized by section 5703 of title 5, United States Code. (c) Contract With Consortium.— Within 30 days after the date of enactment of this Act, the Secretary of Commerce shall seek to enter into a cooperative agreement or contract with the Consortium under which the Consortium will— 106 STAT. 4288 (1) be the academic administrative organization and fiscal agent for the Program; (2) award and administer such grants and subcontracts as are approved by the Committee under subsection (b); (3) develop and implement a scientific peer review process for evaluating grant and subcontractor applications prior to review by the Committee; (4) in cooperation with the Secretary of Commerce and the Committee, procure the services of a scientific project director, (5) develop and submit budgets, progress reports, work plans, and plans of operation for the Program to the Secretary of Commerce and the Committee; and (6) make available to the Committee such staff, information, and assistance as the Committee may reasonably require to carry out its activities. (d) Reporting Requirements.— Within 3 months after the date of enactment of this Act and within each of the next three consecutive 3-month intervals, the Secretary of Commerce shall provide Congress with written assessments of Federal efforts to implement this section. In addition, the Secretary of Commerce shall submit an annual report to Congress on the Program, including a description of the research funded under the Program and the results of such research. (e) Authorization of Appropriations.— (1) Of the sums authorized under section 4(a) of the National Oceanic and Atmospheric Administration Marine Fisheries Program Authorization Act (Public Law 98–210; 97 Stat. 1409), there are authorized to be appropriated to the Secretary of Commerce $5,200,000 for each of the fiscal years 1993 through 1997 for carrying out the Program. Of the amounts appropriated pursuant to this authorization, not more than 5 percent of such appropriation may be used for administrative purposes by the National Oceanic and Atmospheric Administration. The remaining 95 percent of such appropriation shall be used to meet the administrative and scientific objectives of the Program. (2) The Interstate Shellfish Sanitation Conference shall not administer appropriations authorized under this section, but may be reimbursed from such appropriations for its expenses in arranging for travel, meetings, workshops, or conferences necessary to carry out the Program. (f) Definitions.— As used in this section, the term— (1) “Consortium” means the Louisiana Universities Marine Consortium; and (2) “shellfish” means any species of oyster, clam, or mussel that is harvested for human consumption.