[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3661 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 3661

     To establish a program to award prizes for the development of 
 innovative, environmentally safe solutions for reducing, mitigating, 
     and controlling harmful algal blooms, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 18, 2017

   Mr. Mast introduced the following bill; which was referred to the 
  Committee on Science, Space, and Technology, and in addition to the 
    Committee on Natural Resources, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     To establish a program to award prizes for the development of 
 innovative, environmentally safe solutions for reducing, mitigating, 
     and controlling harmful algal blooms, 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 ``Harmful Algal Blooms Solutions Act 
of 2017'' or the ``HABS Act of 2017''.

SEC. 2. ESTABLISHMENT OF PROGRAM.

    The Secretary of Commerce shall establish a program to award prizes 
to eligible persons for achievement in developing innovative, 
environmentally safe technologies and practices for reducing, 
mitigating, and controlling harmful algal blooms in one or more of the 
following categories:
            (1) Large-scale physical removal of algal biomass.
            (2) Removal of, or rendering harmless, harmful algal bloom 
        toxins in the environment.
            (3) Reduction of available nutrients that fuel harmful 
        algal blooms.
            (4) Real-time monitoring of harmful algal blooms and early-
        warning systems.

SEC. 3. ESTABLISHMENT OF BOARD.

    (a) In General.--The Secretary of Commerce shall establish a Board 
to administer the program.
    (b) Membership.--The Board shall be composed of 30 individuals who 
have experience in the field of harmful algal blooms as follows:
            (1) The Secretary of Commerce shall appoint six individuals 
        with experience in the fields of environmental science, aquatic 
        ecology, or environmental toxicology, of whom--
                    (A) two shall be employees of institutions of 
                higher education;
                    (B) two shall be employees of not-for-profit or 
                nonprofit entities; and
                    (C) two shall be employees of private-sector 
                entities.
            (2) The Under Secretary of Commerce for Oceans and 
        Atmosphere shall appoint two employees of the National Oceanic 
        and Atmospheric Administration.
            (3) The Administrator of the Environmental Protection 
        Agency shall appoint two employees of the Environmental 
        Protection Agency.
            (4) The Secretary of the Interior shall appoint two 
        employees of the Department of the Interior.
            (5) The Secretary of Agriculture shall appoint two 
        employees of the Department of Agriculture.
            (6) The Assistant Secretary of the Army for Civil Works 
        shall appoint two employees of the Army Corps of Engineers.
            (7) The Director of the National Institute of Environmental 
        Health Sciences shall appoint one employee of the National 
        Institute of Environmental Health Sciences.
            (8) The Director of the Centers for Disease Control and 
        Prevention shall appoint one employee of the Centers for 
        Disease Control and Prevention.
            (9) The Commissioner of Food and Drugs shall appoint one 
        employee of the Food and Drug Administration.
            (10) The Under Secretary of Commerce for Standards and 
        Technology shall appoint one employee of the National Institute 
        of Standards and Technology.
            (11) The Director of the National Science Foundation shall 
        appoint one employee of the National Science Foundation.
            (12) The Administrator of the National Aeronautics and 
        Space Administration shall appoint one official of the National 
        Aeronautics and Space Administration.
            (13) The Secretary of Commerce, or a designee of the 
        Secretary's choice, shall appoint eight employees of State 
        agencies pursuant to subsection (c).
    (c) Selection of State Employees.--
            (1) Selection from four groups of states.--Except as 
        provided in paragraphs (2) and (3), the Secretary of Commerce, 
        or a designee of the Secretary's choice, shall select one State 
        agency employee who is nominated pursuant to paragraph (3) from 
        two of the States listed in each of the following four groups:
                    (A) Maine, New Hampshire, Massachusetts, Rhode 
                Island, Connecticut, New York, New Jersey, Delaware, 
                Maryland, Virginia, North Carolina, South Carolina, 
                Georgia, and Florida.
                    (B) Florida, Alabama, Mississippi, Louisiana, and 
                Texas.
                    (C) New York, Pennsylvania, Ohio, Michigan, 
                Indiana, Illinois, Wisconsin, and Minnesota.
                    (D) California, Oregon, and Washington.
            (2) Selection of different states.--If the Secretary 
        determines that there is only one State listed in any of 
        subparagraphs (A), (B), (C), or (D) of paragraph (1), that has 
        an employee of a State agency with experience in the field of 
        harmful algal blooms, the Secretary, or a designee of the 
        Secretary's choice, shall select two such employees from such 
        State.
            (3) Nomination by governor.--Not later than 60 days after 
        the date on which the first individual is appointed to the 
        Board pursuant to subsection (b), the Governor of each State 
        listed in paragraph (1) may nominate up to two employees of a 
        State agency with experience in the field of harmful algal 
        blooms for purposes of the selection pursuant to paragraph (1). 
        The Secretary, or a designee of the Secretary's choice, may not 
        select an employee from a State if the Governor of such State 
        has failed to make a nomination pursuant to this paragraph.

SEC. 4. ACTIVITIES OF BOARD.

    (a) Competition Establishment.--In carrying out the program, the 
Board may hold one or more competitions to award to eligible persons 
who apply for such competitions--
            (1) financial prizes, awarded in amounts determined by the 
        Board before commencement of the competition, to winners of a 
        competition based on criteria established by the Board; and
            (2) recognition prizes for superlative achievement in one 
        or more of the categories in section 2.
    (b) Fund Establishment.--
            (1) In general.--There is established within the Department 
        of Commerce the ``HABS Fund''.
            (2) Responsibility of secretary.--The Secretary shall take 
        such action as the Secretary determines to be necessary to 
        assist in implementing the establishment of the HABS Fund in 
        accordance with this Act.
            (3) Use of funds.--All donations received under subsection 
        (c) shall be deposited in the HABS Fund and shall be used only 
        to carry out the competitions described in subsection (a).
            (4) Exclusive source of funds.--
                    (A) Funds for competitions.--All funds used for the 
                competitions described in subsection (a) shall be 
                derived from the HABS Fund.
                    (B) Donations to habs fund.--The HABS Fund shall 
                consist solely of donations received pursuant to 
                subsection (c)(2).
    (c) Administration.--
            (1) Contracting.--The Board may contract with a private 
        organization to administer the competitions described in 
        subsection (a).
            (2) Solicitation of funds.--A member of the Board or any 
        administering organization with which the Board has a contract 
        under paragraph (1) may solicit funds from a private individual 
        or entity to be used for a competition under subsection (a).
            (3) Criteria for award.--The Board shall approve, by a 
        majority vote, the criteria governing the selection of prize 
        winners.
            (4) No advantage for donation.--A private individual or 
        entity described in paragraph (2) shall not be entitled to any 
        special consideration or advantage with respect to the 
        selection of recipients for a prize, or the receipt of a prize, 
        under subsection (a)(1), but such individual or entity may 
        provide advice to the Board regarding the criteria described in 
        paragraph (3).
    (d) Intellectual Property.--The Federal Government may not acquire 
an intellectual property right in any product or idea by virtue of the 
submission of such product or idea in a competition under subsection 
(a).
    (e) Liability.--The Board may require a competitor in a competition 
under subsection (a) to waive liability against the Federal Government 
for injury or damage that results from participation in such 
competition.
    (f) Annual Report.--Not later than one year after the termination 
of a competition under subsection (a)(1), the Board shall submit to 
Congress a report on the program.

SEC. 5. NONSUBSTITUTION.

    The program shall not be considered a substitute for Federal 
research and development programs to understand, reduce, mitigate, and 
control harmful algal blooms.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the board established 
        in section 3.
            (2) Eligible person.--The term ``eligible person'' means--
                    (A) an individual who is a citizen or national of 
                the United States;
                    (B) an alien lawfully admitted for permanent 
                residence in the United States whose residence is in 
                the United States; or
                    (C) an entity that is incorporated in a State and 
                maintains its primary place of business in the United 
                States.
            (3) Program.--The term ``program'' means the program 
        established in section 2.
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