A bill to amend the Federal Food, Drug, and Cosmetic Act to establish a nanotechnology program.

Summary: Nanotechnology Safety Act of 2010 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS) to establish within the Food and Drug Administration (FDA) a program for the scientific investigation of nanoscale materials included or intended for inclusion in FDA-regulated products to address: (1) the potential toxicology of such materials; (2) the effects of such materials on biological systems; and (3) the interaction of such materials with biological systems.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nanotechnology Safety Act of 2010''.

SEC. 2. NANOTECHNOLOGY PROGRAM.

    Chapter X of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
391 et seq.) is amended by adding at the end the following:

``SEC. 1011. NANOTECHNOLOGY PROGRAM.

    ``(a) In General.--Not later than 180 days after the date of 
enactment of the Nanotechnology Safety Act of 2010, the Secretary of 
Health and Human Services, in consultation with the Secretary of 
Agriculture, shall establish within the Food and Drug Administration a 
program for the scientific investigation of nanoscale materials 
included or intended for inclusion in FDA-regulated products, to 
address the potential toxicology of such materials, the effects of such 
materials on biological systems, and interaction of such materials with 
biological systems.
    ``(b) Program Purposes.--The purposes of the program established 
under subsection (a) shall be to--
            ``(1) assess scientific literature and data on general 
        nanoscale material interactions with biological systems and on 
        specific nanoscale materials of concern to Food and Drug 
        Administration;
            ``(2) develop and organize information using databases and 
        models that will enable the formulation of generalized 
        principles for the behavior of classes of nanoscale materials 
        with biological systems;
            ``(3) promote intramural Administration programs and 
        participate in collaborative efforts, to further the 
        understanding of the science of novel properties at the 
        nanoscale that might contribute to toxicity;
            ``(4) promote and participate in collaborative efforts to 
        further the understanding of measurement and detection methods 
        for nanoscale materials;
            ``(5) collect, synthesize, interpret, and disseminate 
        scientific information and data related to the interactions of 
        nanoscale materials with biological systems;
            ``(6) build scientific expertise on nanoscale materials 
        within such Administration;
            ``(7) ensure ongoing training, as well as dissemination of 
        new information within the centers of such Administration, and 
        more broadly across such Administration, to ensure timely, 
        informed consideration of the most current science;
            ``(8) encourage such Administration to participate in 
        international and national consensus standards activities; and
            ``(9) carry out other activities that the Secretary 
        determines are necessary and consistent with the purposes 
        described in paragraphs (1) through (8).
    ``(c) Program Administration.--
            ``(1) Program manager.--In carrying out the program under 
        this section, the Secretary shall designate a program manager 
        who shall supervise the planning, management, and coordination 
        of the program.
            ``(2) Duties.--The program manager shall--
                    ``(A) develop a detailed strategic plan for 
                achieving specific short- and long-term technical goals 
                for the program;
                    ``(B) coordinate and integrate the strategic plan 
                with investments by the Food and Drug Administration 
                and other departments and agencies participating in the 
                National Nanotechnology Initiative; and
                    ``(C) develop intramural Administration programs, 
                contracts, memoranda of agreement, joint funding 
                agreements, and other cooperative arrangements 
                necessary for meeting the long-term challenges and 
                achieving the specific technical goals of the program.
    ``(d) Reports.--Not later than March 1, 2012, and March 1, 2014, 
the Secretary shall submit to the Committee on Health, Education, 
Labor, and Pensions and the Committee on Appropriations of the Senate 
and the Committee on Energy and Commerce and the Committee on 
Appropriations of the House of Representatives a report on the program 
carried out under this section. Such report shall include--
            ``(1) a review of the specific short- and long-term goals 
        of the program;
            ``(2) an assessment of current and proposed funding levels 
        for the program, including an assessment of the adequacy of 
        such funding levels to support program activities; and
            ``(3) a review of the coordination of activities under the 
        program with other departments and agencies participating in 
        the National Nanotechnology Initiative.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $25,000,000 for each of fiscal 
years 2011 through 2015. Amounts appropriated pursuant to this 
subsection shall remain available until expended.''.