S AMDT 1482

S 1482 IS

To reauthorize the 21st Century Nanotechnology Research and Development Act, and for other purposes.

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

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.