[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1482 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1482
To reauthorize the 21st Century Nanotechnology Research and Development
Act, and for other purposes.
IN THE SENATE OF THE UNITED STATES
July 21, 2009
Mr. Kerry (for himself, Ms. Snowe, Mr. Rockefeller, Mr. Pryor, and Mr.
Wyden) introduced the following bill; which was read twice and referred
to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To reauthorize the 21st Century Nanotechnology Research and Development
Act, 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: TABLE OF CONTENTS; AMENDMENT OF ACT.
This Act may be cited as the ``National Nanotechnology Initiative
Amendments Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Enhancements to National Nanotechnology Program.
Sec. 3. Enhancements to National Nanotechnology Program coordination.
Sec. 4. Enhancement of National Nanotechnology Advisory Panel.
Sec. 5. Triennial external review of National Nanotechnology Program.
Sec. 6. Societal dimensions of nanotechnology.
Sec. 7. Transfer of nanotechnology.
Sec. 8. Research in areas of national importance.
Sec. 9. Nanomanufacturing research.
Sec. 10. Nanoscale characterization and metrology.
Sec. 11. Deliberative public input in decisionmaking processes.
Sec. 12. Amendments to definitions.
(c) Amendment of 21st Century Nanotechnology Research and
Development Act.--Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the 21st
Century Nanotechnology Research and Development Act (15 U.S.C. 7501 et
seq.).
SEC. 2. ENHANCEMENTS TO NATIONAL NANOTECHNOLOGY PROGRAM.
(a) Expansion of Program Scope.--Section 2(a) (15 U.S.C. 7501(a))
is amended--
(1) by striking ``and'' after the semicolon in paragraph
(2);
(2) by striking ``Program.'' in paragraph (3) and inserting
``Program; and''; and
(3) by adding at the end the following:
``(4) sponsor nanotechnology education and workforce
development programs, including information on nanotechnology,
to prepare scientists, engineers, and technicians to work in
nanotechnology;
``(5) fully support the development of standard reference
materials and instrumentation, metrology, and computational
tools necessary to measure, characterize, and predict the
properties of nanoscale materials;
``(6) participate in national and international
organizations developing trade, commercialization, and
regulatory guidelines, plans, and standards for the safe use of
nanotechnology;
``(7) establish and sustain the infrastructure, tools, and
instruments to provide cost effective state-of-the-art
measurement, characterization, manipulation, and simulations
capabilities;
``(8) utilize the perspectives of the industrial community
to promote the rapid commercial development of nanoscale-
enabled devices, systems, and technologies; and
``(9) coordinate research to determine key physical and
chemical characteristics of nanoparticles and nanomaterials
that may pose environmental, health, and safety risks.''.
(b) Addition of Program Activities.--
(1) In general.--Section 2(b) (15 U.S.C. 7501(b)) is
amended--
(A) by redesignating paragraphs (3) through (11) as
paragraphs (4) through (12), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) issuing guidance each year to the agencies
participating in the Program that--
``(A) prioritizes the Program's research
initiatives;
``(B) documents the benefit of the research to the
United States;
``(C) describes a clear strategy for transitioning
the research into commercial products and technologies;
and
``(D) describes how the Program will coordinate or
conduct research on the environmental, health, and
safety issues related to nanotechnology.''.
(2) Conforming amendments.--
(A) Section 2(c) (15 U.S.C. 7501(c)) is amended--
(i) in paragraph (7), by striking ``stated
in subsection (b)(7)'' and inserting ``stated
in subsection (b)(9)''; and
(ii) in paragraph (10), by striking
``pursuant to subsection (b)(10)(D)'' and
inserting ``pursuant to subsection
(b)(12)(D)''.
(B) Section 2(d) (15 U.S.C. 7501(d)) is amended in
paragraphs (1) and (2), by striking ``pursuant to
subsection (b)(10)'' each place it occurs and inserting
``pursuant to subsection (b)(12)''.
(C) Section 7(a)(1) (15 U.S.C. 7506(a)(1)) is
amended by striking ``under section 2(b)(7)'' and
inserting ``under section 2(b)(9)''.
(c) Enhancement of Program Management.--
(1) Triennial strategic plan.--Section 2(c) (15 U.S.C.
7501(c)) is amended by striking paragraph (4) and inserting the
following:
``(4) develop, not later than 1 year after the date of
enactment of the National Nanotechnology Initiative Amendments
Act of 2009, and update every 3 years thereafter, a strategic
plan to guide the Program activities described under subsection
(b) that--
``(A) specifies--
``(i) near-term and long-term objectives
for the Program;
``(ii) the anticipated time frame for
achieving the near-term objectives; and
``(iii) the metrics to be used for
assessing progress toward the objectives; and
``(B) describes--
``(i) how the Program will move results out
of the laboratory and into applications for the
benefit of society, including through
cooperation and collaboration with
nanotechnology research, development, and
technology transition initiatives supported by
the States;
``(ii) how the Program will encourage and
support interdisciplinary research and
development in nanotechnology; and
``(iii) proposed research in areas of
national importance in accordance with the
requirements of section 12;''.
(2) Joint interagency solicitations.--Section 2(c) (15
U.S.C. 7501(c)) is further amended--
(A) by striking ``and'' after the semicolon in
paragraph (9);
(B) by redesignating paragraph (10) as paragraph
(11);
(C) by inserting after paragraph (9) the following:
``(10) encourage joint interagency solicitation of grant
applications in high-priority multi-disciplinary research
areas, including--
``(A) instrumentation and metrology equipment to
detect, measure, and characterize nanomaterials;
``(B) chemical, biological, and nuclear sensor
technology for defense and homeland security
applications;
``(C) sustainable energy, environment, water and
agriculture;
``(D) long-term health and safety aspects, with a
particular focus on the workforce;
``(E) simulation and modeling; and
``(F) manufacturing of complex systems at the
nanoscale.''; and
(D) by striking ``through (9)'' and inserting
``through (10)'' in paragraph (11), as redesignated by
subparagraph (B).
(d) Expansion of Annual Report of the National Science and
Technology Council.--Section 2(d) (15 U.S.C. 7501(d)) is amended--
(1) in paragraph (1), by inserting ``and the previous
fiscal year'' after ``current fiscal year'';
(2) in paragraph (4), by striking ``and'';
(3) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(6) the research plan required by section 10(b)(1) and
updated under section 10(b)(5); and
``(7) a description of research and development areas
supported in accordance with section 12, including--
``(A) the budget for such areas for the current and
previous fiscal year; and
``(B) the budget for such areas for the next fiscal
year.''.
(e) Support of Standards Setting Activities.--Section 2 (15 U.S.C.
7501) is amended by adding at the end the following:
``(e) Standards Setting.--
``(1) In general.--The agencies participating in the
Program shall fully support the activities of the committees of
standards setting bodies involved in the development of
standards for nanotechnology.
``(2) Reimbursement of travel costs.--The agencies
participating in the Program may reimburse the travel costs of
participants described in paragraph (1).''.
SEC. 3. ENHANCEMENTS TO NATIONAL NANOTECHNOLOGY PROGRAM COORDINATION.
(a) Modifications to Funding of National Nanotechnology
Coordination Office.--Section 3(b) of the Act (15 U.S.C. 7502(b)) is
amended to read as follows:
``(b) Funding.--
``(1) In general.--The operation of the National
Nanotechnology Coordination Office shall be supported by funds
from each agency participating in the Program. The portion of
the total budget of the Office provided by each agency for each
fiscal year shall be in the same proportion as the agency's
share of the total budget for the Program for the previous
fiscal year, as specified in the report required under section
2(c)(1).
``(2) Standards research.--Of the amounts provided to the
Office under paragraph (1), $500,000 shall be made available to
the National Institute of Standards and Technology to be used
by the Institute, in coordination with the American National
Standards Institute, for the development of nanotechnology
standards.
``(3) NNCO database.--There are authorized to be
appropriated to the National Science Foundation for use by the
National Nanotechnology Coordination Office in developing and
maintaining the database required by subsection (d)--
``(A) $1,750,000 for fiscal year 2010;
``(B) $1,000,000 for fiscal year 2011; and
``(C) $750,000 for fiscal year 2012.''.
(b) Annual Report on Funding of the National Nanotechnology
Coordination Office.--Section 3 (15 U.S.C. 7502) is amended by striking
subsection (c) and inserting the following:
``(c) Annual Report.--The Council shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Science and Technology of the House of Representatives each year,
together with documents submitted to Congress in support of the budget
of the President for the fiscal year beginning in such year (as
submitted pursuant to section 1105 of title 31, United States Code), a
report containing the following:
``(1) A description of the funding required by the National
Nanotechnology Coordination Office to perform the functions
specified in subsection (a) for the next fiscal year set forth
by category of activity, including the funding required to
carry out the requirements of--
``(A) section 2(b)(12)(D);
``(B) subsection (d) of this section; and
``(C) section 5.
``(2) A description of the funding required by such Office
to perform the functions specified in subsection (a) for the
current fiscal year set forth by category of activity,
including the funding required to carry out the requirements of
subsection (d).
``(3) The amount of funding provided for such Office for
the current fiscal year set forth by each agency participating
in the Program.''.
(c) Public Information.--Section 3 (15 U.S.C. 7502) is further
amended by adding at the end the following:
``(d) Public Information.--
``(1) Database.--
``(A) In general.--The Director of the National
Nanotechnology Coordination Office shall develop and
maintain a searchable keyword database of all projects
funded by the Nanoscale Science, Engineering, and
Technology Subcommittee of the National Science and
Technology Council.
``(B) Database contents.--The database required by
subparagraph (A) shall include the following, with
respect to each project in the database:
``(i) A description of the project.
``(ii) The source of funding of the
project, set forth by agency.
``(iii) The funding history of the project.
``(C) Grouping of projects in the environmental,
health, and safety program component area.--For
projects in the Environmental, Health, and Safety
program component area, or any successor program
component area, projects shall be grouped in the
database by major objective as specified in the
research plan required by section 10(b)(1).
``(D) Grouping of projects in the education and
societal dimensions program component area.--For
projects in the Education and Societal Dimensions
program component area, or any successor program
component area, the projects shall be grouped in the
database in the following categories:
``(i) Education in formal settings.
``(ii) Education in informal settings.
``(iii) Public outreach.
``(iv) Ethical, legal, and other societal
issues.
``(E) Accessibility.--The Director shall make the
database required by subparagraph (A) accessible to the
public.
``(2) Information on nanotechnology facilities.--
``(A) In general.--The Director of the National
Nanotechnology Coordination Office--
``(i) shall develop, maintain, and
publicize information on nanotechnology
facilities supported under the Program that are
accessible for use by individuals from academic
institutions and industry; and
``(ii) may include information on
nanotechnology facilities that are--
``(I) supported by the States; and
``(II) accessible for use by
individuals from academic institutions
and from industry.
``(B) Information to be publicized.--The
information developed, maintained, and publicized under
subparagraph (A) shall include the following:
``(i) The terms and conditions for the use
of each nanotechnology facility supported under
the Program.
``(ii) A description of the capabilities of
the instruments and equipment available for use
at the facility.
``(iii) A description of the technical
support available to assist users of the
facility.''.
SEC. 4. ENHANCEMENT OF NATIONAL NANOTECHNOLOGY ADVISORY PANEL.
(a) Establishment of Subpanel on Societal, Ethical, Legal,
Environmental, and Workforce Concerns.--Section 4(a) of the Act (15
U.S.C. 7503(a)) is amended--
(1) by striking ``or designate'';
(2) by inserting ``as a distinct entity'' after ``Advisory
Panel'';
(3) by inserting ``(1) Establishment of advisory panel.--''
before ``The President shall'' and indenting paragraph (1) as
so designated 2 ems from the left margin; and
(4) by adding at the end the following:
``(2) Establishment of subpanel on societal, ethical,
legal, environmental, and workforce concerns.--The Advisory
Panel shall establish a subpanel with membership having
specific qualifications tailored to enable it to carry out the
requirements of subsection (c)(7).''.
(b) Representation of Minority-Serving Institutions.--Section 4(b)
(15 U.S.C. 7503(b)) is amended--
(1) by designating the first, second, and third sentences
as paragraphs (1), (2), and (3), respectively, and indenting
such paragraphs, as so designated, 2 ems to the right;
(2) in paragraph (1), as so designated by paragraph (1) of
this subsection--
(A) by striking ``or designated''; and
(B) by inserting ``Membership from academic
institutions and industry.--'' before ``The Advisory
Panel'';
(3) in paragraph (2), as so designated by paragraph (1) of
this subsection, by inserting ``Qualified to provide advice.--
'' before ``Members of'';
(4) in paragraph (3), as so designated by paragraph (1) of
this subsection--
(A) by striking ``or designating''; and
(B) by inserting ``Seeking recommendations.--''
before ``In selecting''; and
(5) by adding at the end the following:
``(4) Representation of minority-serving institutions.--At
least one member of the Advisory Panel shall be an individual
employed by and representing a minority-serving institution.''.
SEC. 5. TRIENNIAL EXTERNAL REVIEW OF NATIONAL NANOTECHNOLOGY PROGRAM.
Section 5 of the Act (15 U.S.C. 7504) is amended to read as
follows:
``SEC. 5. EXTERNAL REVIEW OF THE NATIONAL NANOTECHNOLOGY PROGRAM.
``(a) In General.--The Director of the National Nanotechnology
Coordination Office shall, in consultation with the Nanoscale Science,
Engineering, and Technology Subcommittee, the National Research Council
of the National Academy of Sciences, and relevant Congressional staff,
identify 3 highly targeted and timely topic areas that would benefit
from review and evaluation. The Director will enter into an arrangement
with the National Research Council to conduct these reviews.
``(b) Matters Evaluated.--The reviews shall include an evaluation
of topics relevant to the following:
``(1) The research priorities and technical content of the
Program, including whether the allocation of funding among
program component areas, as designated according to section
2(c)(2), is appropriate.
``(2) The effectiveness of the Program's management and
coordination across agencies and disciplines, including an
assessment of the effectiveness of the National Nanotechnology
Coordination Office.
``(3) The scientific and technological accomplishments of
the Program and the success of the Program in transferring
technology to the private sector.
``(4) The adequacy of the activities of the Program in
addressing ethical, legal, environmental, workplace, and other
appropriate societal issues, including human health issues.
``(5) The adequacy and effectiveness of the Program's
public education and outreach efforts.
``(6) The worldwide investment in and activities related to
nanotechnology and an analysis of the relative position of the
United States compared to other countries with respect to
nanotechnology research and development.
``(7) The adequacy of the Program in incorporating the
results of deliberative public input into the decisionmaking
process.
``(c) External Review Reports.--
``(1) In general.--Not later than September 30, 2011, and
every 3 years thereafter, the Director of the National
Nanotechnology Coordination Office shall submit to the Advisory
Panel, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Science and Technology of
the House of Representatives a report prepared by the National
Research Council on the most recent external reviews carried
out under subsection (a).
``(2) Contents.--Each report required by paragraph (1)
shall include the following:
``(A) The findings of the National Research Council
with respect to the matters described in subsection
(b).
``(B) The recommendations of the Director of the
National Nanotechnology Coordination Office, if any--
``(i) on ways to improve the management and
coordination processes of the Program; and
``(ii) for changes to the objectives,
funding priorities, and technical content of
the Program.
``(d) Funding.--There are authorized to be appropriated to the
National Science Foundation for use by the National Nanotechnology
Coordinating Office to carry out this section $500,000 for each of
fiscal years 2010, 2011, and 2012.''.
SEC. 6. SOCIETAL DIMENSIONS OF NANOTECHNOLOGY.
(a) In General.--The Act (15 U.S.C. 7501 et seq.) is amended--
(1) by redesignating section 10 as section 15;
(2) by inserting after section 9 the following:
``SEC. 10. SOCIETAL DIMENSIONS OF NANOTECHNOLOGY.
``(a) Coordinator for Societal Dimensions of Nanotechnology.--
``(1) Designation.--The Director of the Office of Science
and Technology Policy shall designate an associate director of
the Office of Science and Technology Policy as the Coordinator
for Societal Dimensions of Nanotechnology.
``(2) Duties.--The duties of the Coordinator for Societal
Dimensions of Nanotechnology are as follows:
``(A) Providing oversight of the coordination,
planning, and budget prioritization of activities
required by section 2(b)(12).
``(B) With the assistance of appropriate senior
officials of the agencies funding activities within the
Environmental, Health, and Safety program component
area and the Education and Societal Dimensions program
component area, or any successor program component
areas, ensuring that the requirements of section
2(b)(12) are satisfied.
``(C) Ensuring that the research plan required
under subsection (b)(1) is--
``(i) developed, updated, and implemented
as required thereunder; and
``(ii) responsive to the recommendations of
the subpanel established under section 4(a)(2).
``(D) Encouraging and monitoring the efforts of the
agencies participating in the Program to allocate the
level of resources and management attention necessary
to ensure that the ethical, legal, environmental, and
other appropriate societal concerns related to
nanotechnology, including human health and workplace
safety concerns, are addressed under the Program,
including the implementation of the research plan
required under subsection (b)(1).
``(E) Encouraging the agencies required to develop
the research plan under subsection (b) to identify,
assess, and implement suitable mechanisms for the
establishment of public-private partnerships for
support of environmental, health, and safety research.
``(b) Research Plan.--
``(1) In general.--
``(A) Panel convened and plan required.--Not later
than 60 days after the date of enactment of the
National Nanotechnology Initiative Amendments Act of
2009, the Coordinator for Societal Dimensions of
Nanotechnology designated under subsection (a)(1) shall
convene and chair a panel to develop, periodically
update, and coordinate the implementation of a research
plan for the Environmental, Health, and Safety program
component area, or any successor program component
area.
``(B) Membership.--The panel convened under
subparagraph (A) shall be comprised of representatives
from--
``(i) the agencies funding research
activities under the program component area
described in such subparagraph; and
``(ii) such other agencies as the
Coordinator considers necessary.
``(C) Solicitation of advice.--In developing and
updating the plan required by subparagraph (A), the
panel convened under such subparagraph shall solicit
and be responsive to recommendations and advice from--
``(i) the subpanel established under
section 4(a)(2); and
``(ii) the agencies responsible for
environmental, health, and safety regulations
associated with the production, use, and
disposal of nanoscale materials and products.
``(2) Development of standards.--The plan required by
paragraph (1) shall include a description of how the Program
will help to ensure the development of the following:
``(A) Standards related to nomenclature associated
with engineered nanoscale materials.
``(B) Engineered nanoscale standard reference
materials for environmental, health, and safety
testing.
``(C) Instruments required to fill major gaps in
metrology capabilities.
``(D) Standards related to methods and procedures
for detecting, measuring, monitoring, sampling, and
testing engineered nanoscale materials for
environmental, health, and safety impacts.
``(3) Components of plan.--The plan required under
paragraph (1) shall--
``(A) specify near-term research objectives and
long-term research objectives;
``(B) specify milestones associated with each near-
term objective and the estimated time and resources
required to reach each milestone;
``(C) with respect to subparagraphs (A) and (B),
describe the role of each agency carrying out or
sponsoring research in order to meet the objectives
specified under subparagraph (A) and to achieve the
milestones specified under subparagraph (B);
``(D) specify the funding allocated to each major
objective of the plan and the source of funding by
agency for the current fiscal year; and
``(E) estimate the funding required for each major
objective of the plan and the source of funding by
agency for the following 3 fiscal years.
``(4) Incorporation of recommendations of advisory panel.--
The Coordinator designated under subsection (a)(1) and the
panel convened under paragraph (1)(A) of this subsection shall
incorporate any recommendations of the Advisory panel under
subsection (g)(2) into the planning activity required under
this subsection and provide the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Science
and Technology of the House of Representatives justification
should the funding in the research plan not meet such
recommendations.
``(5) Submittal of initial plan to congress.--Not later
than 180 days after the date of enactment of the National
Nanotechnology Initiative Amendments Act of 2009, the
Coordinator designated under subsection (a)(1) shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science and Technology of the House
of Representatives the initial plan required by paragraph (1).
``(6) Annual update of plan.--Each year, the panel convened
under paragraph (1) shall update the plan required under such
paragraph and submit the plan to the Council for inclusion in
the annual report of the Council required by section 2(d).
``(c) Report Requirements.--
``(1) In general.--The Coordinator designated under
subsection (a)(1) shall enter into an arrangement with the
National Science Board of the National Academy of Sciences to
create a report that identifies the broad goals and needs for
environmental, health, and safety researchers.
``(2) Matters evaluated.--The report shall identify--
``(A) broad strategic goals of overall research;
``(B) critical needs of researchers; and
``(C) gaps in current research.
``(3) Support not supplant.--The report shall compliment
and support the research plan required by subsection (b) but
not supplant it.
``(4) Solicitation of advice.--In developing the report,
the National Academy of Sciences shall solicit and be
responsive to advice from--
``(A) the Advisory Panel under subsection (h)(2);
``(B) industry representatives; and
``(C) academia.
``(d) Undergraduate Education Programs.--
``(1) Activities supported.--As part of the activities
included under the Education and Societal Dimensions program
component area, or any successor program component area, the
Program shall support efforts to introduce nanoscale science,
engineering, and technology into undergraduate science and
engineering education through a variety of interdisciplinary
approaches. Activities supported may include the following:
``(A) The development of courses of instruction or
modules to existing courses.
``(B) Faculty professional development.
``(C) The acquisition of equipment and
instrumentation suitable for undergraduate education
and research in nanotechnology.
``(2) Authorization of appropriations.--There are
authorized to be appropriated to the Director of the National
Science Foundation to carry out activities described in
paragraph (1), amounts as follows:
``(A) Course, curriculum, and laboratory
improvement program.--Through the Course, Curriculum,
and Laboratory Improvement program of the National
Science Foundation--
``(i) from amounts authorized under section
7002(b)(2)(B) of the America COMPETES Act
(Public Law 110-69), $5,000,000 for fiscal year
2009; and
``(ii) from amounts authorized under
section 7002(c)(2)(B) of such Act, $5,000,000
for fiscal year 2010.
``(B) Advanced technology education.--Through the
Advanced Technology Education program of the National
Science Foundation--
``(i) from amounts authorized under section
7002(b)(2)(B) of the America COMPETES Act
(Public Law 110-69), $5,000,000 for fiscal year
2009; and
``(ii) from amounts authorized under
section 7002(c)(2)(B) of such Act, $5,000,000
for fiscal year 2010.
``(e) Interagency Working Group.--The Council shall establish an
Education Working Group under the Nanoscale Science, Engineering, and
Technology Subcommittee of the Council to coordinate, prioritize, and
plan both formal and informal educational activities supported under
the Program, including activities to help participants understand
environmental, health, and safety implications of nanotechnology.
``(f) Societal Dimensions in Nanotechnology Education Activities.--
Activities supported under the Education and Societal Dimensions
program component area, or any successor program component area, that
involve informal, precollege, or undergraduate nanotechnology education
shall include education regarding the environmental, health and safety,
and other societal aspects of nanotechnology.
``(g) Remote Access to Nanotechnology Facilities.--
``(1) In general.--Agencies supporting nanotechnology
research facilities as part of the Program shall require the
entities that operate such facilities to allow access via the
Internet by secondary school students and teachers to
instruments and equipment within such facilities for
educational purposes and to informal science educators for
science enrichment opportunities and public education purposes.
``(2) Support.--The agencies described in paragraph (1)
shall support the costs associated with the provision of such
access to facilities described in such paragraph.
``(3) Waiver.--The agencies described in paragraph (1) may
waive the requirement of paragraph (1) in cases when--
``(A) use of particular facilities would be
inappropriate for educational purposes; or
``(B) the costs for providing the access to
facilities as described in paragraph (1) would be
prohibitive.
``(4) Establishment and publication of procedures,
guidelines, and conditions for use of facilities.--The agencies
identified in paragraph (1) shall require the entities that
operate nanotechnology research facilities that are supported
by such agencies as part of the Program to establish and
publish procedures, guidelines, and conditions for the
submission and approval of applications for the use of such
facilities for the purpose identified in paragraph (1).
``(5) Technical support.--The agencies identified in
paragraph (1) shall authorize personnel who operate the
facilities described in such paragraph to provide necessary
technical support to students and teachers who use such
facilities.
``(h) Advisory Panel Review of Environmental, Health, and Safety
Program Component Area.--
``(1) In general.--The Advisory Panel shall periodically
review the funding level of the Environmental, Health, and
Safety program component area, or any successor program
component area, relative to the overall budget of the Program
to determine whether the amount dedicated to this area is
sufficient to address the research funding needs as estimated
in the research plan required by subsection (b).
``(2) Recommendations.--If the Advisory Panel determines
under paragraph (1) that the amount described in such paragraph
is insufficient or excessive, the Advisory Panel shall submit
to the Coordinator for Societal Dimensions of Nanotechnology a
recommendation for an appropriate level of funding for the
Environmental, Health, and Safety program component area, or
any successor program component area.''; and
(3) in section 4(d), by adding at the end the following:
``Such report shall include the findings of the Advisory Panel
with respect to the most recent review required by section
10(h)(1) and any recommendations of the Advisory Panel under
section 10(h)(2).''.
(b) Nanotechnology Education Partnerships.--Section 9 of the
National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n)
is amended by adding at the end the following:
``(e) Nanotechnology Education Partnerships.--
``(1) Establishment.--
``(A) In general.--As part of the program
authorized by subsection (a), the Director shall
provide 1 or more grants under such subsection to
establish partnerships described in paragraph (2) of
such subsection, except that each such partnership
shall include 1 or more businesses engaged in the
production of nanoscale materials, products, or
devices.
``(B) Designation.--A partnership established in
accordance with subparagraph (A) shall be designated as
a `Nanotechnology Education Partnership'.
``(2) Purpose.--The purpose of a Nanotechnology Education
Partnership is to recruit and help prepare secondary school
students to pursue postsecondary level courses of instruction
in nanotechnology and assist secondary institution and informal
learning centers with outreach programs directed at secondary
students.
``(3) Use of grant funds.--Notwithstanding subsection
(a)(3), each entity receiving a grant under this subsection
shall use the grant for the purposes described in paragraph
(2), including uses in support of the following:
``(A) Professional development activities in formal
and informal settings to enable secondary school
teachers to use curricular materials incorporating
nanotechnology and to inform teachers about career
possibilities for students in nanotechnology.
``(B) Enrichment programs for students, including
access to nanotechnology facilities and equipment at
partner institutions in formal and informal settings,
to increase their understanding of nanoscale science
and technology and to inform them about career
possibilities in nanotechnology as scientists,
engineers, and technicians.
``(C) Identification of appropriate formal and
informal nanotechnology educational materials and
incorporation of nanotechnology into the curriculum for
secondary school students at one or more organizations
participating in a Nanotechnology Education
Partnership.
``(4) Selection of grant recipients.--Grants under this
subsection shall be awarded in accordance with subsection (b),
except that paragraph (3)(B) of such subsection shall not apply
to grants awarded under this subsection.
``(5) Nanotechnology defined.--In this subsection, the term
`nanotechnology' has the meaning given the term in section 15
of the Act.''.
SEC. 7. TRANSFER OF NANOTECHNOLOGY.
(a) In General.--The Act (15 U.S.C. 7501 et seq.) is amended by
inserting after section 10, as added by section 6(a)(2) of this Act,
the following:
``SEC. 11. TECHNOLOGY TRANSFER.
``(a) Prototyping.--
``(1) Access to facilities.--In accordance with section
2(b)(9), the agencies supporting nanotechnology research
facilities as part of the Program shall provide access to such
facilities to representatives from industry and other
stakeholders for the purpose of transferring research results
or assisting in the development of prototypes of nanoscale
products, devices, or processes (or products, devices, or
processes enabled by nanotechnology) for determining proof of
concept.
``(2) Publication of availability.--The agencies described
in paragraph (1) shall publicize the availability of the
facilities described in such paragraph and encourage their use
by companies as provided for in this section.
``(3) Procedures.--The agencies described in paragraph
(1)--
``(A) shall establish and publish procedures,
guidelines, and conditions for the submission and
approval of applications for use of nanotechnology
facilities;
``(B) shall publish descriptions of the
capabilities of facilities available for use under this
subsection, including the availability of technical
support; and
``(C) may waive recovery, require full recovery, or
require partial recovery of the costs associated with
use of the facilities for projects under this
subsection.
``(4) Selection and criteria.--In cases when less than full
cost recovery is required pursuant to paragraph (3)(C),
projects provided access to nanotechnology facilities in
accordance with this subsection shall be selected through a
competitive, merit-based process, and the criteria for the
selection of such projects shall include the following:
``(A) The readiness of the project for technology
demonstration.
``(B) Evidence of a commitment by the applicant for
further development of the project to full
commercialization if the proof of concept is
established by the prototype.
``(C) Evidence of the potential for further funding
from private sector sources following the successful
demonstration of proof of concept.
``(5) Special consideration for projects relevant to
important national needs.--In selecting projects under
paragraph (4), the agencies described in paragraph (1) may give
special consideration to applications that are relevant to
important national needs or requirements.
``(b) Use of Existing Technology Transfer Programs.--Each agency
participating in the Program shall--
``(1) if the agency administers a Small Business Innovation
Research Program or a Small Business Technology Transfer
Program, encourage the submission of applications for support
of nanotechnology related projects to such programs; and
``(2) through the National Nanotechnology Coordination
Office established under section 3(a) and not later than 180
days after the date of enactment of the National Nanotechnology
Initiative Amendments Act of 2009, submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Science and Technology of the House of
Representatives--
``(A) the plan described in section 2(c)(7); and
``(B) a report specifying, if the agency
administers a Small Business Innovation Research
Program and a Small Business Technology Transfer
Program--
``(i) the number of proposals received for
nanotechnology related projects during the
current fiscal year and the previous 2 fiscal
years;
``(ii) the number of such proposals funded
in each year;
``(iii) the total number of nanotechnology
related projects funded and the amount of
funding provided for fiscal year 2003 through
fiscal year 2007; and
``(iv) a description of the projects
identified in accordance with clause (iii)
which received private sector funding beyond
the period of phase II support of the Small
Business Innovation Research Program and the
Small Business Technology Transfer Program.
``(c) Industry Liaison Groups.--An objective of the Program shall
be to establish industry liaison groups for all industry sectors that
would benefit from applications of nanotechnology. The
Nanomanufacturing, Industry Liaison, and Innovation Working Group of
the National Science and Technology Council shall actively pursue
establishing such liaison groups.''.
(b) Technology Innovation Program Support for Nanotechnology.--
Section 28 of the National Institute of Standards and Technology Act
(15 U.S.C. 278n) is amended--
(1) in subsection (d)--
(A) by striking ``The Director'' and inserting the
following:
``(1) In general.--The Director''; and
(B) by adding at the end the following:
``(2) Solicitation of nanotechnology proposals.--The
Director shall encourage the submission of proposals under
paragraph (1) for support of nanotechnology related
projects.'';
(2) in subsection (g)--
(A) by striking ``The Director'' and inserting the
following:
``(1) In general.--The Director''; and
(B) by adding at the end the following:
``(2) Nanotechnology report requirements.--The report
required by paragraph (1) shall include a description of--
``(A) how the requirement of subsection (d)(2) is
being met;
``(B) the number of proposals for nanotechnology
related projects received;
``(C) the number of such proposals funded;
``(D) the total number of such projects funded
since the beginning of the Technology Innovation
Program; and
``(E) the outcomes of such funded projects in terms
of the metrics described in paragraph (1).'';
(3) in subsection (k)(3)--
(A) in subparagraph (C), by striking ``and''; and
(B) by adding at the end the following:
``(E) advice on how to accomplish the requirement
of subsection (d)(2); and
``(F) an assessment of the adequacy of the
allocation of resources for nanotechnology related
projects supported under the Technology Innovation
Program.''; and
(4) in subsection (l)--
(A) in paragraph (4)(B), by striking the ``and'' at
the end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) the term `nanotechnology' has the meaning given the
term in section 15 of the 21st Century Nanotechnology Research
and Development Act (15 U.S.C. 7501(a)).''.
(c) Coordination With State Initiatives.--Section 2(b)(7) of the
Act, as redesignated by section 2(b)(1)(A) of this Act, is amended to
read as follows:
``(7) ensuring United States global leadership in the
development and application of nanotechnology, including
through coordination and leveraging Federal investments with
nanotechnology research, development, and technology transition
initiatives supported by the States;''.
SEC. 8. RESEARCH IN AREAS OF NATIONAL IMPORTANCE.
The Act (15 U.S.C. 7501 et seq.) is amended by inserting after
section 11, as added by section 7(a) of this Act, the following:
``SEC. 12. RESEARCH IN AREAS OF NATIONAL IMPORTANCE.
``(a) In General.--The Program shall include support for
nanotechnology research and development activities directed toward
application areas that have the potential for significant contributions
to national economic competitiveness and for other significant societal
benefits. The activities supported shall be designed to advance the
development of research discoveries by demonstrating solutions to
important problems in areas such as the following:
``(1) Nano-electronics.
``(2) Energy production, transmission, storage, use, and
efficiency, including renewable energy.
``(3) Health care.
``(4) Water remediation and purification.
``(5) Instrumentation for nanoscale characterization and
metrology.
``(6) Rapid production nanomanufacturing for information
and intelligence, including cost-effective, green, and safe
nanomaterial manufacturing methods.
``(7) Precision agriculture.
``(8) Sensors and sensor networks for defense and homeland
security.
``(b) Additional Research.--In addition, the program will support
research that addresses the following:
``(1) The environment, health, and safety risks of
nanoparticles.
``(2) Ethical, legal, and societal issues relating to
nanotechnology.
``(c) Recommendations.--The Advisory Panel shall make
recommendations to the Program for candidate research and development
areas for support under this section.
``(d) Characteristics.--
``(1) In general.--Research and development activities
under this section shall--
``(A) include projects selected on the basis of
applications for support through a competitive, merit-
based process;
``(B) involve collaborations among researchers in
academic institutions and industry, and may involve
nonprofit research or educational institutions and
Federal and National laboratories, as appropriate;
``(C) when possible, leverage Federal investments
through collaboration with related State initiatives;
and
``(D) include a plan for fostering the transfer of
research discoveries and the results of technology
demonstration activities to industry for commercial
development.
``(2) Procedures.--
``(A) In general.--Determination of the
requirements for applications under this subsection,
review and selection of applications for support, and
subsequent funding of projects shall be carried out by
a collaboration of no fewer than 2 agencies
participating in the Program.
``(B) Special consideration.--In selecting
applications for support, the agencies shall give
special consideration to projects that include cost
sharing from non-Federal sources.
``(3) Interdisciplinary research centers.--Research and
development activities under this section may be supported
through interdisciplinary nanotechnology research centers, as
authorized by section 2(b)(6), that are organized to
investigate basic research questions and carry out technology
demonstration activities in areas such as those identified
under subsection (b).''.
SEC. 9. NANOMANUFACTURING RESEARCH.
(a) In General.--The Act (15 U.S.C. 7501 et seq.) is amended by
inserting after section 12, as added by section 8 of this Act, the
following:
``SEC. 13. NANOMANUFACTURING RESEARCH.
``(a) Research Areas.--The Nanomanufacturing component area of the
Program, or any successor component area, shall include research on the
following:
``(1) Development of instrumentation and tools required for
the rapid characterization of nanoscale materials and for
monitoring of nanoscale manufacturing processes.
``(2) Approaches and techniques for scaling the synthesis
of new nanoscale materials to achieve industrial-level
production rates.
``(3) Improvements in atomically precise measurement,
monitoring, manipulating, and manufacturing.
``(4) Development of nanotechnology production methods and
tools for aerospace information and intelligence applications.
``(b) Green Nanotechnology.--Interdisciplinary research centers
supported under the Program in accordance with section 2(b)(6) that are
focused on nanomanufacturing research and centers established under the
authority of section 12(c)(3) shall include, as part of the activities
of such centers, the following:
``(1) Research on methods and approaches to develop
environmentally benign nanoscale products and nanoscale
manufacturing processes, taking into consideration relevant
findings and results of research supported under the
Environmental, Health, and Safety program component area,
particularly as to full life-cycle assessments, or any
successor program component area.
``(2) Fostering the transfer of the results of such
research to industry, including through industry-led
collaborative translational research, with priority
consideration given to proposals that provide non-Federal funds
in an amount not less than 25 percent of the total amount of
any funding to be awarded under the Program.
``(3) Providing for the education of scientists and
engineers through interdisciplinary studies in the principles
and techniques for the design and development of
environmentally benign nanoscale products and processes and in
the full life-cycle assessment of the nanomaterials and
nanotechnologies involved.''.
(b) Review of Nanomanufacturing Research and Research Facilities.--
(1) Definitions.--In this subsection, the terms
``nanotechnology'', ``nanoscale'', ``program component area'',
``Program'', and ``Advisory Panel'' have the meaning given such
terms in section 15 of the Act, as redesignated by section
6(a)(1) and amended by section 13 of this Act.
(2) Public meeting.--
(A) In general.--Not later than 6 months after the
date of enactment of this Act, the Director of the
National Nanotechnology Coordination Office established
under section 3(a) of such Act (15 U.S.C. 7502(a))
shall sponsor a public meeting, including
representation from a wide range of industries engaged
in nanoscale manufacturing--
(i) to obtain the views of participants at
the meeting on--
(I) the relevance and value of the
research being carried out under the
Nanomanufacturing program component
area, or any successor program
component area to industry, labor, and
the larger public interest; and
(II) whether the capabilities of
nanotechnology research facilities
supported under the Program are
adequate--
(aa) to meet current and
near-term requirements for the
fabrication and
characterization of nanoscale
devices and systems; and
(bb) to provide access to
and use of instrumentation and
equipment at the facilities, by
means of networking technology,
to individuals who are at
locations remote from the
facilities; and
(ii) to receive any recommendations on ways
to strengthen the research portfolio supported
under the Nanomanufacturing program component
area, or any successor program component area,
and on improving the capabilities of
nanotechnology research facilities supported
under the Program.
(B) Invitations to public meeting.--The Director of
the National Nanotechnology Coordination Office shall
invite companies and labor organizations that are
participating in industry liaison groups to participate
in the meeting required by subparagraph (A).
(C) Report on public meeting.--Not later than 1
year after the meeting sponsored by the Office, the
Director shall prepare and submit to the Advisory Panel
a report documenting the findings and recommendations
of the Director with respect to the meeting required by
subparagraph (A).
(3) Advisory panel review.--
(A) In general.--The Advisory Panel shall review
the Nanomanufacturing program component area, or any
successor program component area, and the capabilities
of nanotechnology research facilities supported under
the Program to assess the following:
(i) Whether the funding for the
Nanomanufacturing program component area, or
any successor program component area, is
adequate and receiving appropriate priority
within the overall resources available for the
Program.
(ii) The relevance of the research being
supported to the identified needs and
requirements of industry, labor, and long-term
public interest.
(iii) Whether the capabilities of
nanotechnology research facilities supported
under the Program are adequate--
(I) to meet current and near-term
requirements for the fabrication and
characterization of nanoscale devices
and systems; and
(II) to provide access to and use
of instrumentation and equipment at the
facilities, by means of networking
technology, to individuals who are at
locations remote from the facilities.
(iv) The level of funding that would be
needed to support--
(I) the acquisition of
instrumentation, equipment, and
networking technology sufficient to
provide the capabilities at
nanotechnology research facilities
described in subparagraph (C); and
(II) the operation and maintenance
of such facilities.
(B) Incorporation of findings from public
meeting.--In carrying out the review required by
subparagraph (A), the Advisory Panel shall take into
consideration the findings and recommendations in the
report submitted by the Director of the National
Nanotechnology Coordination Office under paragraph
(2)(C).
(C) Report on advisory panel review.--Not later
than 24 months after the date of enactment of this Act,
the Advisory Panel shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Science and Technology of the House of
Representatives a report on the review required by
subparagraph (A), including the following:
(i) The recommendations, if any, of the
Advisory Panel with respect to the
Nanomanufacturing program component area.
(ii) The report required by paragraph
(2)(C).
SEC. 10. NANOSCALE CHARACTERIZATION AND METROLOGY.
The Act (15 U.S.C. 7501 et seq.) is amended by inserting after
section 13, as added by section 9(a) of this Act, the following:
``SEC. 14. NANOSCALE CHARACTERIZATION AND METROLOGY.
``(a) Research Areas.--The Instrument Research, Metrology, and
Standards program component area, or any successor program component
area, shall include research on translational development of
instrumentation, tools, approaches, and techniques required for the
characterization of nanoscale materials and for nanoscale metrology,
including improvements in speed, accuracy, and scalability.
``(b) Environmental, Health, and Safety Effects.--Interdisciplinary
research centers supported under the Program in accordance with section
2(b)(6) that are focused on nanoscale characterization and metrology in
accordance with section 12(c)(3) shall include as part of the
activities of such centers--
``(1) research on methods and approaches to develop
characterization and metrology capabilities relevant to the
Environmental, Health, and Safety program component area, or
any successor program component area; and
``(2) fostering the transfer of the results of such
research to industry, including through industry-led
collaborative translational research.''.
SEC. 11. DELIBERATIVE PUBLIC INPUT IN DECISIONMAKING PROCESSES.
(a) Beginning a National Discussion.--Not later than 6 months after
the date of enactment of this Act, the Director of the National
Nanotechnology Coordination Office, established under section 3(a) of
the 21st Century Nanotechnology Research and Development Act (15 U.S.C.
7502(a)), shall convene the first in a series of national discussions
to engage the people of the United States, increase their awareness of
nanotechnology, and give them a continuing voice in the evolution of
nanotechnology.
(b) Form.--The Director shall convene the national discussions
required by subsection (a) through not fewer than 2 deliberative forums
in the first 18 months, including one large-scale forum and one small-
scale forum, and, in each subsequent year, at least one deliberative
forum that includes each of the stakeholder groups described in
subsection (d).
(c) Participation.--The Director shall ensure that the population
of participants in the forums is diverse in--
(1) age;
(2) geography;
(3) income;
(4) ethnicity; and
(5) education.
(d) Broad Participation and Incorporation of Stakeholder Views.--
The Director shall incorporate the views, positions, and the
participation of key stakeholder groups in the forums, including
representatives of--
(1) academia;
(2) industry;
(3) labor;
(4) environmental organizations;
(5) consumer advocacy organizations;
(6) other public-interest, non-governmental organizations;
and
(7) citizens from the general public.
(e) Identification of Priorities and Concerns.--The Director shall
identify the collective priorities and concerns of the general public
and other stakeholder groups that relate to--
(1) nanotechnology products;
(2) research and development;
(3) regulatory policy;
(4) other concerns as identified by the group; and
(5) the means by which citizens can learn about and
participate in policies affecting the design and use of
nanotechnology on an ongoing basis.
(f) Report.--Not later than 1 year after the completion of each of
the forums, the Director shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Science and Technology of the House of Representatives summarizing
the results of the forums and a report issued and approved by the
participants of the small-scale forum.
(g) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Director of National Nanotechnology Coordination Office
$2,000,000 to carry out this section.
(2) Supplement Not Supplant.--The amount authorized to be
appropriated by paragraph (1) for the purpose described in that
paragraph is in addition to amounts provided in support of the
operation of the National Nanotechnology Coordination Office
under section 3(b) of the 21st Century Nanotechnology Research
and Development Act (15 U.S.C. 7502(b)), as amended by section
2(b)(1) of this Act.
SEC. 12. AMENDMENTS TO DEFINITIONS.
Section 15 of the Act, as redesignated by section 6(a)(1) of this
Act, is amended--
(1) in paragraph (2)--
(A) by striking ``atomic, molecular, and
supramolecular levels'' and inserting ``nanoscale'';
and
(B) by striking ``molecular organization,
properties, and'' and inserting ``properties or''; and
(2) by adding at the end the following:
``(7) Nanoscale.--The term `nanoscale' means one or more
dimensions of between approximately 1 and 100 nanometers.
``(8) Formal Learning.--The term `formal learning' means
learning that takes place in a classroom setting with
traditional academic activities and learning outcomes and
emphasizes conceptual knowledge.
``(9) Informal Learning.--The term `informal learning'
means learning that can take place in museums, nature centers,
and through everyday activities like gardening, hiking, and
participation in clubs. Informal learning is self-motivated,
guided by learner interests, voluntary, personal, ongoing,
contextually relevant, collaborative, non-linear, and open-
ended.
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