II 

110TH CONGRESS 

2D SESSION S. 3274 

To reauthorize the 21st Century Nanotechnology Research and Development 

Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 16, 2008 

Mr. KERRY (for himself, Ms. SNOWE, Mr. INOUYE, Mr. STEVENS, Mr. PRYOR, 

Mr. SMITH, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National 

5 Nanotechnology Initiative Amendments Act of 2008’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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. 


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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. GAO study of nanotechnology related codes, standards, and regulations. 

Sec. 12. Public outreach. 

Sec. 13. Amendments to definitions. 

1 SEC. 2. ENHANCEMENTS TO NATIONAL NANOTECHNOLOGY 

2 PROGRAM. 

3 (a) EXPANSION OF PROGRAM SCOPE.—Section 2(a) 

4 of the 21st Century Nanotechnology Research and Devel5 opment Act (15 U.S.C. 7501(a)) is amended— 

6 (1) in paragraph (2), by striking the ‘‘and’’ at 

7 the end; 

8 (2) in paragraph (3), by striking the period at 

9 the end and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(4) sponsor nanotechnology education and 

12 workforce development programs to prepare sci13 entists, engineers, and technicians to work in 

14 nanotechnology; 

15 ‘‘(5) support the development of standard ref16 erence materials and instrumentation, metrology, 

17 and computational tools necessary to measure, char18 acterize, and predict the properties of nanoscale ma19 terials; 

20 ‘‘(6) participate in national and international 

21 organizations developing trade, commercialization, 


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1 and regulatory guidelines, plans, and standards for 

2 the safe use of nanotechnology; 

3 ‘‘(7) establish and sustain the infrastructure, 

4 tools, and instruments to provide cost effective state5 of-the-art measurement, characterization, manipula6 tion, and simulations capabilities; and 

7 ‘‘(8) utilize the perspectives of the industrial 

8 community to promote the rapid commercial devel9 opment of nanoscale-enabled devices, systems, and 

10 technologies.’’. 

11 (b) ADDITION OF PROGRAM ACTIVITIES.— 

12 (1) IN GENERAL.—Section 2(b) of such Act (15 

13 U.S.C. 7501(b)) is amended— 

14 (A) by redesignating paragraphs (3) 

15 through (11) as paragraphs (4) through (12), 

16 respectively; and 

17 (B) by inserting after paragraph (2) the 

18 following: 

19 ‘‘(3) issuing guidance each year to the agencies 

20 participating in the Program that— 

21 ‘‘(A) prioritizes the Program’s research ini22 tiatives; 

23 ‘‘(B) documents the benefit of the research 

24 to the United States; and 


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1 ‘‘(C) describes a clear strategy for 

2 transitioning the research into commercial prod3 ucts and technologies;’’. 

4 (2) CONFORMING AMENDMENTS.—(A) Section 

5 2(c) of such Act (15 U.S.C. 7501(c)) is amended— 

6 (i) in paragraph (7), by striking ‘‘stated in 

7 subsection (b)(7)’’ and inserting ‘‘stated in sub8 section (b)(9)’’; and 

9 (ii) in paragraph (10), by striking ‘‘pursu10 ant to subsection (b)(10)(D)’’ and inserting 

11 ‘‘pursuant to subsection (b)(12)(D)’’. 

12 (B) Section 2(d) of such Act (15 U.S.C. 

13 7501(d)) is amended in paragraphs (1) and (2), by 

14 striking ‘‘pursuant to subsection (b)(10)’’ each place 

15 it occurs and inserting ‘‘pursuant to subsection 

16 (b)(12)’’. 

17 (C) Section 7(a)(1) of such Act (15 U.S.C. 

18 7506(a)(1)) is amended by striking ‘‘under section 

19 2(b)(7)’’ and inserting ‘‘under section 2(b)(9)’’. 

20 (c) ENHANCEMENT OF PROGRAM MANAGEMENT.— 

21 (1) TRIENNIAL STRATEGIC PLAN.—Section 2(c) 

22 of such Act (15 U.S.C. 7501(c)) is amended by 

23 striking paragraph (4) and inserting the following: 

24 ‘‘(4) develop, not later than 1 year after the 

25 date of the enactment of the National 


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1 Nanotechnology Initiative Amendments Act of 2008, 

2 and update every 3 years thereafter, a strategic plan 

3 to guide the Program activities described under sub4 section (b) that— 

5 ‘‘(A) specifies— 

6 ‘‘(i) near-term and long-term objec7 tives for the Program; 

8 ‘‘(ii) the anticipated time frame for 

9 achieving the near-term objectives; and 

10 ‘‘(iii) the metrics to be used for as11 sessing progress toward the objectives; and 

12 ‘‘(B) describes— 

13 ‘‘(i) how the Program will move re14 sults out of the laboratory and into appli15 cations for the benefit of society, including 

16 through cooperation and collaboration with 

17 nanotechnology research, development, and 

18 technology transition initiatives supported 

19 by the States; 

20 ‘‘(ii) how the Program will encourage 

21 and support interdisciplinary research and 

22 development in nanotechnology; and 

23 ‘‘(iii) proposed research in areas of 

24 national importance in accordance with the 

25 requirements of section 12;’’. 


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1 (2) JOINT INTERAGENCY SOLICITATIONS.— 

2 Such section 2(c) is further amended— 

3 (A) in paragraph (9), by striking ‘‘and’’ at 

4 the end; 

5 (B) by redesignating paragraph (10) as 

6 paragraph (11); 

7 (C) by inserting after paragraph (9) the 

8 following: 

9 ‘‘(10) encourage joint interagency solicitation of 

10 grant applications in high-priority multi-disciplinary 

11 research areas, including— 

12 ‘‘(A) instrumentation and metrology equip13 ment to detect, measure, and characterize 

14 nanomaterials; 

15 ‘‘(B) chemical, biological, and nuclear sen16 sor technology for defense and homeland secu17 rity applications; 

18 ‘‘(C) sustainable energy, environment, 

19 water and agriculture; 

20 ‘‘(D) simulation and modeling; and 

21 ‘‘(E) manufacturing of complex systems at 

22 the nanoscale.’’; and 

23 (D) in paragraph (11), as redesignated by 

24 subparagraph (B), by striking ‘‘through (9)’’ 

25 and inserting ‘‘through (10)’’. 


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1 (d) EXPANSION OF ANNUAL REPORT OF THE NA2 TIONAL SCIENCE AND TECHNOLOGY COUNCIL.—Section 

3 2(d) of such Act (15 U.S.C. 7501(d)) is amended— 

4 (1) in paragraph (1), by inserting ‘‘and the pre5 vious fiscal year’’ after ‘‘current fiscal year’’; 

6 (2) in paragraph (4), by striking ‘‘and’’; 

7 (3) in paragraph (5), by striking the period at 

8 the end and inserting ‘‘; and’’; and 

9 (4) by adding at the end the following: 

10 ‘‘(6) the research plan required by section 

11 10(b)(1) and updated under section 10(b)(5); and 

12 ‘‘(7) a description of research and development 

13 areas supported in accordance with section 12, in14 cluding— 

15 ‘‘(A) the budget for such areas for the cur16 rent and previous fiscal year; and 

17 ‘‘(B) the budget for such areas for the 

18 next fiscal year.’’. 

19 (e) SUPPORT OF STANDARDS SETTING ACTIVI20 TIES.—Section 2 of such Act (15 U.S.C. 7501) is amend21 ed by adding at the end the following: 

22 ‘‘(e) STANDARDS SETTING.— 

23 ‘‘(1) IN GENERAL.—The agencies participating 

24 in the Program shall support the activities of the 


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1 committees of standards setting bodies involved in 

2 the development of standards for nanotechnology. 

3 ‘‘(2) REIMBURSEMENT OF TRAVEL COSTS.— 

4 The agencies participating in the Program may re5 imburse the travel costs of scientists and engineers 

6 who participate in the activities described in para7 graph (1).’’; 

8 SEC. 3. ENHANCEMENTS TO NATIONAL NANOTECHNOLOGY 

9 PROGRAM COORDINATION. 

10 (a) MODIFICATIONS TO FUNDING OF NATIONAL

11 NANOTECHNOLOGY COORDINATION OFFICE.—Section 

12 3(b) of the 21st Century Nanotechnology Research and 

13 Development Act (15 U.S.C. 7502(b)) is amended to read 

14 as follows: 

15 ‘‘(b) FUNDING.—The operation of the National 

16 Nanotechnology Coordination Office shall be supported by 

17 funds from each agency participating in the Program. The 

18 portion of the total budget of the Office provided by each 

19 agency for each fiscal year shall be in the same proportion 

20 as the agency’s share of the total budget for the Program 

21 for the previous fiscal year, as specified in the report re22 quired under section 2(d)(1).’’. 

23 (b) ANNUAL REPORT ON FUNDING OF THE NA24 TIONAL NANOTECHNOLOGY COORDINATION OFFICE.— 


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1 Section 3 of such Act (15 U.S.C. 7502) is amended by 

2 striking subsection (c) and inserting the following: 

3 ‘‘(c) ANNUAL REPORT.—The Council shall submit to 

4 the Committee on Commerce, Science, and Transportation 

5 of the Senate and the Committee on Science and Tech6 nology of the House of Representatives each year, together 

7 with documents submitted to Congress in support of the 

8 budget of the President for the fiscal year beginning in 

9 such year (as submitted pursuant to section 1105 of title 

10 31, United States Code), a report containing the following: 

11 ‘‘(1) A description of the funding required by 

12 the National Nanotechnology Coordination Office to 

13 perform the functions specified in subsection (a) for 

14 the next fiscal year set forth by category of activity, 

15 including the funding required to carry out the re16 quirements of— 

17 ‘‘(A) section 2(b)(12)(D); 

18 ‘‘(B) subsection (d) of this section; and 

19 ‘‘(C) section 5. 

20 ‘‘(2) A description of the funding required by 

21 such Office to perform the functions specified in 

22 subsection (a) for the current fiscal year set forth by 

23 category of activity, including the funding required 

24 to carry out the requirements of subsection (d). 


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1 ‘‘(3) The amount of funding provided for such 

2 Office for the current fiscal year set forth by each 

3 agency participating in the Program.’’. 

4 (c) PUBLIC INFORMATION.—Such section is further 

5 amended by adding at the end the following: 

6 ‘‘(d) PUBLIC INFORMATION.— 

7 ‘‘(1) DATABASE.— 

8 ‘‘(A) IN GENERAL.—The Director of the 

9 National Nanotechnology Coordination Office 

10 shall develop and maintain a database of 

11 projects funded under any of the following: 

12 ‘‘(i) The Environmental, Health, and 

13 Safety program component areas. 

14 ‘‘(ii) The Education and Societal Di15 mensions program component areas. 

16 ‘‘(iii) The Nanomanufacturing pro17 gram component areas. 

18 ‘‘(iv) Any successor program compo19 nent areas. 

20 ‘‘(B) DATABASE CONTENTS.—The data21 base required by subparagraph (A) shall include 

22 the following, with respect to each project in the 

23 database: 

24 ‘‘(i) A description of the project. 


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1 ‘‘(ii) The source of funding of the 

2 project, set forth by agency. 

3 ‘‘(iii) The funding history of the 

4 project. 

5 ‘‘(C) GROUPING OF PROJECTS IN THE EN6 VIRONMENTAL, HEALTH, AND SAFETY PROGRAM

7 COMPONENT AREA.—For projects in the Envi8 ronmental, Health, and Safety program compo9 nent area, or any successor program component 

10 area, projects shall be grouped in the database 

11 by major objective as specified in the research 

12 plan required by section 10(b)(1). 

13 ‘‘(D) GROUPING OF PROJECTS IN THE

14 EDUCATION AND SOCIETAL DIMENSIONS PRO15 GRAM COMPONENT AREA.—For projects in the 

16 Education and Societal Dimensions program 

17 component area, or any successor program com18 ponent area, the projects shall be grouped in 

19 the database in the following categories: 

20 ‘‘(i) Education in formal settings. 

21 ‘‘(ii) Education in informal settings. 

22 ‘‘(iii) Public outreach. 

23 ‘‘(iv) Ethical, legal, and other societal 

24 issues. 


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1 ‘‘(E) ACCESSIBILITY.—The Director shall 

2 make the database required by subparagraph 

3 (A) accessible to the public. 

4 ‘‘(2) INFORMATION ON NANOTECHNOLOGY FA5 CILITIES.— 

6 ‘‘(A) IN GENERAL.—The Director of the 

7 National Nanotechnology Coordination Office— 

8 ‘‘(i) shall develop, maintain, and pub9 licize information on nanotechnology facili10 ties supported under the Program that are 

11 accessible for use by individuals from aca12 demic institutions and from industry; and 

13 ‘‘(ii) may include information on 

14 nanotechnology facilities that are— 

15 ‘‘(I) supported by the States; and 

16 ‘‘(II) accessible for use by indi17 viduals from academic institutions 

18 and from industry. 

19 ‘‘(B) INFORMATION TO BE PUBLICIZED.— 

20 The information developed, maintained, and 

21 publicized under subparagraph (A) shall include 

22 the following: 

23 ‘‘(i) The terms and conditions for the 

24 use of each nanotechnology facility sup25 ported under the Program. 


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1 ‘‘(ii) A description of the capabilities 

2 of the instruments and equipment available 

3 for use at the facility. 

4 ‘‘(iii) A description of the technical 

5 support available to assist users of the fa6 cility.’’. 

7 SEC. 4. ENHANCEMENT OF NATIONAL NANOTECHNOLOGY 

8 ADVISORY PANEL. 

9 (a) ESTABLISHMENT OF SUBPANEL ON SOCIETAL, 

10 ETHICAL, LEGAL, ENVIRONMENTAL, AND WORKFORCE

11 CONCERNS.—Section 4(a) of the 21st Century 

12 Nanotechnology Research and Development Act (15 

13 U.S.C. 7503(a)) is amended— 

14 (1) by striking ‘‘or designate’’; 

15 (2) by inserting ‘‘as a distinct entity’’ after 

16 ‘‘Advisory Panel’’; and 

17 (3) by inserting ‘‘(1) ESTABLISHMENT OF ADVI18 SORY PANEL.—’’ before ‘‘The President shall’’ and 

19 indenting paragraph (1) as so designated 2 ems to 

20 the right; and 

21 (4) by adding at the end the following: 

22 ‘‘(2) ESTABLISHMENT OF SUBPANEL ON SOCI23 ETAL, ETHICAL, LEGAL, ENVIRONMENTAL, AND

24 WORKFORCE CONCERNS.—The Advisory Panel shall 

25 establish a subpanel with membership having speVerDate Aug 31 2005 03:38 Jul 17, 2008 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3274.IS S3274

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1 cific qualifications tailored to enable it to carry out 

2 the requirements of subsection (c)(7).’’. 

3 (b) REPRESENTATION OF MINORITY-SERVING INSTI4 TUTIONS.—Section 4(b) of such Act (15 U.S.C. 7503(b)) 

5 is amended— 

6 (1) by designating the first, second, and third 

7 sentences as paragraphs (1), (2), and (3), respec8 tively, and indenting such paragraphs, as so des9 ignated, 2 ems to the right; 

10 (2) in paragraph (1), as so designated by para11 graph (1) of this subsection— 

12 (A) by striking ‘‘or designated’’; and 

13 (B) by inserting ‘‘MEMBERSHIP FROM ACA14 DEMIC INSTITUTIONS AND INDUSTRY.—’’ before 

15 ‘‘The Advisory Panel’’; 

16 (3) in paragraph (2), as so designated by para17 graph (1) of this subsection, by inserting ‘‘QUALI18 FIED TO PROVIDE ADVICE.—’’ before ‘‘Members of’’; 

19 (4) in paragraph (3), as so designated by para20 graph (1) of this subsection— 

21 (A) by striking ‘‘or designating’’; and 

22 (B) by inserting ‘‘SEEKING RECOMMENDA23 TIONS.—’’ before ‘‘In selecting’’; and 

24 (5) by adding at the end the following: 


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1 ‘‘(4) REPRESENTATION OF MINORITY-SERVING

2 INSTITUTIONS.—At least one member of the Advi3 sory Panel shall be an individual employed by and 

4 representing a minority-serving institution.’’. 

5 SEC. 5. TRIENNIAL EXTERNAL REVIEW OF NATIONAL 

6 NANOTECHNOLOGY PROGRAM. 

7 Section 5 of the 21st Century Nanotechnology Re8 search and Development Act (15 U.S.C. 7504) is amended 

9 to read as follows: 

10 ‘‘SEC. 5. TRIENNIAL EXTERNAL REVIEW OF THE NATIONAL 

11 NANOTECHNOLOGY PROGRAM. 

12 ‘‘(a) IN GENERAL.—The Director of the National 

13 Nanotechnology Coordination Office established under 

14 section 3(a) shall enter into an arrangement with the Na15 tional Research Council of the National Academy of 

16 Sciences to conduct a triennial review of the Program. The 

17 Director shall ensure that each triennial review is carried 

18 out and concluded in such a manner as to allow sufficient 

19 time for the reporting requirements of subsection (c) to 

20 be satisfied. 

21 ‘‘(b) MATTERS EVALUATED.—Each triennial review 

22 conducted under subsection (a) shall include an evaluation 

23 of the following: 

24 ‘‘(1) The research priorities and technical con25 tent of the Program, including whether the allocaVerDate Aug 31 2005 03:38 Jul 17, 2008 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3274.IS S3274

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1 tion of funding among program component areas, as 

2 designated according to section 2(c)(2), is appro3 priate. 

4 ‘‘(2) The effectiveness of the Program’s man5 agement and coordination across agencies and dis6 ciplines, including an assessment of the effectiveness 

7 of the National Nanotechnology Coordination Office. 

8 ‘‘(3) The scientific and technological accom9 plishments of the Program and the success of the 

10 Program in transferring technology to the private 

11 sector. 

12 ‘‘(4) The adequacy of the activities of the Pro13 gram in addressing ethical, legal, environmental, and 

14 other appropriate societal concerns, including human 

15 health concerns. 

16 ‘‘(5) The worldwide investment in and activities 

17 related to nanotechnology and an analysis of the rel18 ative position of the United States compared to 

19 other countries with respect to nanotechnology re20 search and development. 

21 ‘‘(c) TRIENNIAL REPORTS.— 

22 ‘‘(1) IN GENERAL.—Not later than September 

23 30, 2009, and every 3 years thereafter, the Director 

24 of the National Nanotechnology Coordination Office 

25 shall submit to the Advisory Panel, the Committee 


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1 on Commerce, Science, and Transportation of the 

2 Senate, and the Committee on Science and Tech3 nology of the House of Representatives a report pre4 pared by the National Research Council on the most 

5 recent triennial review carried out under subsection 

6 (a). 

7 ‘‘(2) CONTENTS.—Each report required by 

8 paragraph (1) shall include the following: 

9 ‘‘(A) The findings of the National Re10 search Council with respect to the matters de11 scribed in subsection (b). 

12 ‘‘(B) The recommendations of the Director 

13 of the National Nanotechnology Coordination 

14 Office, if any— 

15 ‘‘(i) on ways to improve the manage16 ment and coordination processes of the 

17 Program; and 

18 ‘‘(ii) for changes to the objectives, 

19 funding priorities, and technical content of 

20 the Program. 

21 ‘‘(d) FUNDING.—Of the amounts provided in accord22 ance with section 3(b), the following amounts shall be 

23 available to carry out this section: 

24 ‘‘(1) $500,000 for fiscal year 2009. 

25 ‘‘(2) $500,000 for fiscal year 2010. 


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1 ‘‘(3) $500,000 for fiscal year 2011.’’. 

2 SEC. 6. SOCIETAL DIMENSIONS OF NANOTECHNOLOGY. 

3 (a) IN GENERAL.—The 21st Century 

4 Nanotechnology Research and Development Act (15 

5 U.S.C. 7501 et seq.) is amended— 

6 (1) by redesignating section 10 as section 15; 

7 (2) by inserting after section 9 the following: 

8 ‘‘SEC. 10. SOCIETAL DIMENSIONS OF NANOTECHNOLOGY. 

9 ‘‘(a) COORDINATOR FOR SOCIETAL DIMENSIONS OF

10 NANOTECHNOLOGY.— 

11 ‘‘(1) DESIGNATION.—The Director of the Office 

12 of Science and Technology Policy shall designate an 

13 associate director of the Office of Science and Tech14 nology Policy as the Coordinator for Societal Dimen15 sions of Nanotechnology. 

16 ‘‘(2) DUTIES.—The duties of the Coordinator 

17 for Societal Dimensions of Nanotechnology are as 

18 follows: 

19 ‘‘(A) Providing oversight of the coordina20 tion, planning, and budget prioritization of ac21 tivities required by section 2(b)(12). 

22 ‘‘(B) With the assistance of appropriate 

23 senior officials of the agencies funding activities 

24 within the Environmental, Health, and Safety 

25 program component area and the Education 


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1 and Societal Dimensions program component 

2 area, or any successor program component 

3 areas, ensuring that the requirements of section 

4 2(b)(12) are satisfied. 

5 ‘‘(C) Ensuring that the research plan re6 quired under subsection (b)(1) is— 

7 ‘‘(i) developed, updated, and imple8 mented as required thereunder; and 

9 ‘‘(ii) responsive to the recommenda10 tions of the subpanel established under 

11 section 4(a)(2). 

12 ‘‘(D) Encouraging and monitoring the ef13 forts of the agencies participating in the Pro14 gram to allocate the level of resources and man15 agement attention necessary to ensure that the 

16 ethical, legal, environmental, and other appro17 priate societal concerns related to 

18 nanotechnology, including human health and 

19 workplace safety concerns, are addressed under 

20 the Program, including the implementation of 

21 the research plan required under subsection 

22 (b)(1). 

23 ‘‘(E) Encouraging the agencies required to 

24 develop the research plan under subsection (b) 

25 to identify, assess, and implement suitable 


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1 mechanisms for the establishment of public-pri2 vate partnerships for support of environmental, 

3 health, and safety research. 

4 ‘‘(b) RESEARCH PLAN.— 

5 ‘‘(1) IN GENERAL.— 

6 ‘‘(A) PANEL CONVENED AND PLAN RE7 QUIRED.—Not later than 60 days after the date 

8 of the enactment of this section, the Coordi9 nator for Societal Dimensions of 

10 Nanotechnology designated under subsection 

11 (a)(1) shall convene and chair a panel to de12 velop, periodically update, and coordinate the 

13 implementation of a research plan for the Envi14 ronmental, Health, and Safety program compo15 nent area, or any successor program component 

16 area. 

17 ‘‘(B) MEMBERSHIP.—The panel convened 

18 under subparagraph (A) shall be comprised of 

19 representatives from— 

20 ‘‘(i) the agencies funding research ac21 tivities under the program component area 

22 described in such subparagraph; and 

23 ‘‘(ii) such other agencies as the Coor24 dinator considers necessary. 


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1 ‘‘(C) SOLICITATION OF ADVICE.—In devel2 oping and updating the plan required by sub3 paragraph (A), the panel convened under such 

4 subparagraph shall solicit and be responsive to 

5 recommendations and advice from— 

6 ‘‘(i) the subpanel established under 

7 section 4(a)(2); and 

8 ‘‘(ii) the agencies responsible for envi9 ronmental, health, and safety regulations 

10 associated with the production, use, and 

11 disposal of nanoscale materials and prod12 ucts. 

13 ‘‘(2) DEVELOPMENT OF STANDARDS.—The plan 

14 required by paragraph (1) shall include a description 

15 of how the Program will help to ensure the develop16 ment of the following: 

17 ‘‘(A) Standards related to nomenclature 

18 associated with engineered nanoscale materials. 

19 ‘‘(B) Engineered nanoscale standard ref20 erence materials for environmental, health, and 

21 safety testing. 

22 ‘‘(C) Instruments required to fill major 

23 gaps in metrology capabilities. 

24 ‘‘(D) Standards related to methods and 

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1 toring, sampling, and testing engineered 

2 nanoscale materials for environmental, health, 

3 and safety impacts. 

4 ‘‘(3) COMPONENTS OF PLAN.—The plan re5 quired under paragraph (1) shall— 

6 ‘‘(A) specify near-term research objectives 

7 and long-term research objectives; 

8 ‘‘(B) specify milestones associated with 

9 each near-term objective and the estimated time 

10 and resources required to reach each milestone; 

11 ‘‘(C) with respect to subparagraphs (A) 

12 and (B), describe the role of each agency car13 rying out or sponsoring research in order to 

14 meet the objectives specified under subpara15 graph (A) and to achieve the milestones speci16 fied under subparagraph (B); 

17 ‘‘(D) specify the funding allocated to each 

18 major objective of the plan and the source of 

19 funding by agency for the current fiscal year; 

20 and 

21 ‘‘(E) estimate the funding required for 

22 each major objective of the plan and the source 

23 of funding by agency for the following 3 fiscal 

24 years. 


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1 ‘‘(4) INCORPORATION OF RECOMMENDATIONS

2 OF ADVISORY PANEL.—The Coordinator for Societal 

3 Dimensions of Nanotechnology designated under 

4 subsection (a)(1) and the panel convened under 

5 paragraph (1)(A) of this subsection shall incorporate 

6 any recommendations of the Advisory panel under 

7 subsection (g)(2) into the planning activity required 

8 under this subsection and provide the Committee on 

9 Commerce, Science, and Transportation of the Sen10 ate and the Committee on Science and Technology 

11 of the House of Representatives justification should 

12 the funding in the research plan not meet such rec13 ommendations. 

14 ‘‘(5) SUBMITTAL OF INITIAL PLAN TO CON15 GRESS.—Not later than 180 days after the date of 

16 the enactment of this section, the Coordinator for 

17 Societal Dimensions of Nanotechnology designated 

18 under subsection (a)(1) shall submit to the Com19 mittee on Commerce, Science, and Transportation of 

20 the Senate and the Committee on Science and Tech21 nology of the House of Representatives the initial 

22 plan required by paragraph (1). 

23 ‘‘(6) ANNUAL UPDATE OF PLAN.—Each year, 

24 the panel convened under paragraph (1) shall update 

25 the plan required under such paragraph and submit 


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1 the plan to the Council for inclusion in the annual 

2 report of the Council required by section 2(d). 

3 ‘‘(c) UNDERGRADUATE EDUCATION PROGRAMS.— 

4 ‘‘(1) ACTIVITIES SUPPORTED.—As part of the 

5 activities included under the Education and Societal 

6 Dimensions program component area, or any suc7 cessor program component area, the Program shall 

8 support efforts to introduce nanoscale science, engi9 neering, and technology into undergraduate science 

10 and engineering education through a variety of 

11 interdisciplinary approaches. Activities supported 

12 may include the following: 

13 ‘‘(A) The development of courses of in14 struction or modules to existing courses. 

15 ‘‘(B) Faculty professional development. 

16 ‘‘(C) The acquisition of equipment and in17 strumentation suitable for undergraduate edu18 cation and research in nanotechnology. 

19 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

20 There are authorized to be appropriated to the Di21 rector of the National Science Foundation to carry 

22 out activities described in paragraph (1), amounts as 

23 follows: 

24 ‘‘(A) COURSE, CURRICULUM, AND LABORA25 TORY IMPROVEMENT PROGRAM.—Through the 


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1 Course, Curriculum, and Laboratory Improve2 ment program of the National Science Founda3 tion— 

4 ‘‘(i) from amounts authorized under 

5 section 7002(b)(2)(B) of the America 

6 COMPETES Act (Public Law 110–69), 

7 $5,000,000 for fiscal year 2009; and 

8 ‘‘(ii) from amounts authorized under 

9 section 7002(c)(2)(B) of such Act, 

10 $5,000,000 for fiscal year 2010. 

11 ‘‘(B) ADVANCED TECHNOLOGY EDU12 CATION.—Through the Advanced Technology 

13 Education program of the National Science 

14 Foundation— 

15 ‘‘(i) from amounts authorized under 

16 section 7002(b)(2)(B) of the America 

17 COMPETES Act (Public Law 110–69), 

18 $5,000,000 for fiscal year 2009; and 

19 ‘‘(ii) from amounts authorized under 

20 section 7002(c)(2)(B) of such Act, 

21 $5,000,000 for fiscal year 2010. 

22 ‘‘(d) INTERAGENCY WORKING GROUP.—The Council 

23 shall establish an Education Working Group under the 

24 Nanoscale Science, Engineering, and Technology Sub25 committee of the Council to coordinate, prioritize, and 


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1 plan the educational activities supported under the Pro2 gram. 

3 ‘‘(e) SOCIETAL DIMENSIONS IN NANOTECHNOLOGY

4 EDUCATION ACTIVITIES.—Activities supported under the 

5 Education and Societal Dimensions program component 

6 area, or any successor program component area, that in7 volve informal, precollege, or undergraduate 

8 nanotechnology education shall include education regard9 ing the environmental, health and safety, and other soci10 etal aspects of nanotechnology. 

11 ‘‘(f) REMOTE ACCESS TO NANOTECHNOLOGY FACILI12 TIES.— 

13 ‘‘(1) IN GENERAL.—Agencies supporting 

14 nanotechnology research facilities as part of the Pro15 gram shall require the entities that operate such fa16 cilities to allow access via the Internet by secondary 

17 school students and teachers to instruments and 

18 equipment within such facilities for educational pur19 poses and to informal science educators for science 

20 enrichment opportunities and public education pur21 poses. 

22 ‘‘(2) SUPPORT.—The agencies described in 

23 paragraph (1) shall support the costs associated 

24 with the provision of such access to facilities de25 scribed in such paragraph. 


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1 ‘‘(3) WAIVER.—The agencies described in para2 graph (1) may waive the requirement of paragraph 

3 (1) in cases when— 

4 ‘‘(A) use of particular facilities would be 

5 inappropriate for educational purposes; or 

6 ‘‘(B) the costs for providing the access to 

7 facilities as described in paragraph (1) would be 

8 prohibitive. 

9 ‘‘(4) ESTABLISHMENT AND PUBLICATION OF

10 PROCEDURES, GUIDELINES, AND CONDITIONS FOR

11 USE OF FACILITIES.—The agencies identified in 

12 paragraph (1) shall require the entities that operate 

13 nanotechnology research facilities that are supported 

14 by such agencies as part of the Program to establish 

15 and publish procedures, guidelines, and conditions 

16 for the submission and approval of applications for 

17 the use of such facilities for the purpose identified 

18 in paragraph (1). 

19 ‘‘(5) TECHNICAL SUPPORT.—The agencies iden20 tified in paragraph (1) shall authorize personnel who 

21 operate the facilities described in such paragraph to 

22 provide necessary technical support to students and 

23 teachers who use such facilities. 


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1 ‘‘(g) ADVISORY PANEL REVIEW OF ENVIRON2 MENTAL, HEALTH, AND SAFETY PROGRAM COMPONENT

3 AREA.— 

4 ‘‘(1) IN GENERAL.—The Advisory Panel shall 

5 periodically review the funding level of the Environ6 mental, Health, and Safety program component 

7 area, or any successor program component area, rel8 ative to the overall budget of the Program to deter9 mine whether the amount dedicated to this area is 

10 sufficient to address the research funding needs as 

11 estimated in the research plan required by sub12 section (b). 

13 ‘‘(2) RECOMMENDATIONS.—If the Advisory 

14 Panel determines under paragraph (1) that the 

15 amount described in such paragraph is insufficient 

16 or excessive, the Advisory Panel shall submit to the 

17 Coordinator for Societal Dimensions of 

18 Nanotechnology a recommendation for an appro19 priate level of funding for the Environmental, 

20 Health, and Safety program component area, or any 

21 successor program component area.’’; and 

22 (3) in section 4(d), by adding at the end the 

23 following: ‘‘Such report shall include the findings of 

24 the Advisory Panel with respect to the most recent 

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1 ommendations of the Advisory Panel under section 

2 10(g)(2).’’. 

3 (b) NANOTECHNOLOGY EDUCATION PARTNER4 SHIPS.—Section 9 of the National Science Foundation Au5 thorization Act of 2002 (42 U.S.C. 1862n) is amended 

6 by adding at the end the following: 

7 ‘‘(e) NANOTECHNOLOGY EDUCATION PARTNER8 SHIPS.— 

9 ‘‘(1) ESTABLISHMENT.— 

10 ‘‘(A) IN GENERAL.—As part of the pro11 gram authorized by subsection (a), the Director 

12 shall provide 1 or more grants under such sub13 section to establish partnerships described in 

14 paragraph (2) of such subsection, except that 

15 each such partnership shall include 1 or more 

16 businesses engaged in the production of 

17 nanoscale materials, products, or devices. 

18 ‘‘(B) DESIGNATION.—A partnership estab19 lished in accordance with subparagraph (A) 

20 shall be designated as a ‘Nanotechnology Edu21 cation Partnership’. 

22 ‘‘(2) PURPOSE.—The purpose of a 

23 Nanotechnology Education Partnership is to recruit 

24 and help prepare secondary school students to pur25 sue postsecondary level courses of instruction in 


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1 nanotechnology and assist secondary institution and 

2 informal learning centers with outreach programs di3 rected at secondary students. 

4 ‘‘(3) USE OF GRANT FUNDS.—Notwithstanding 

5 subsection (a)(3), each entity receiving a grant 

6 under this subsection shall use the grant for the 

7 purposes described in paragraph (2), including to 

8 support the following: 

9 ‘‘(A) Professional development activities to 

10 enable secondary school teachers to use cur11 ricular materials incorporating nanotechnology 

12 and to inform teachers about career possibilities 

13 for students in nanotechnology. 

14 ‘‘(B) Enrichment programs for students, 

15 including access to nanotechnology facilities and 

16 equipment at partner institutions, to increase 

17 their understanding of nanoscale science and 

18 technology and to inform them about career 

19 possibilities in nanotechnology as scientists, en20 gineers, and technicians. 

21 ‘‘(C) Identification of appropriate 

22 nanotechnology educational materials and incor23 poration of nanotechnology into the curriculum 

24 for secondary school students at one or more 


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1 organizations participating in a Nanotechnology 

2 Education Partnership. 

3 ‘‘(4) SELECTION OF GRANT RECIPIENTS.— 

4 Grants under this subsection shall be awarded in ac5 cordance with subsection (b), except that paragraph 

6 (3)(B) of such subsection shall not apply to grants 

7 awarded under this subsection. 

8 ‘‘(5) NANOTECHNOLOGY DEFINED.—In this 

9 subsection, the term ‘nanotechnology’ has the mean10 ing given the term in section 15 of the 21st Century 

11 Nanotechnology Research and Development Act.’’. 

12 SEC. 7. TRANSFER OF NANOTECHNOLOGY. 

13 (a) IN GENERAL.—The 21st Century 

14 Nanotechnology Research and Development Act (15 

15 U.S.C. 7501 et seq.) is amended by inserting after section 

16 10, as added by section 6(a)(2) of this Act, the following: 

17 ‘‘SEC. 11. TECHNOLOGY TRANSFER. 

18 ‘‘(a) PROTOTYPING.— 

19 ‘‘(1) ACCESS TO FACILITIES.—In accordance 

20 with section 2(b)(9), the agencies supporting 

21 nanotechnology research facilities as part of the Pro22 gram shall provide access to such facilities to compa23 nies for the purpose of assisting the companies in 

24 the development of prototypes of nanoscale products, 

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1 esses enabled by nanotechnology) for determining 

2 proof of concept. 

3 ‘‘(2) PUBLICATION OF AVAILABILITY.—The 

4 agencies described in paragraph (1) shall publicize 

5 the availability of the facilities described in such 

6 paragraph and encourage their use by companies as 

7 provided for in this section. 

8 ‘‘(3) PROCEDURES.—The agencies described in 

9 paragraph (1)— 

10 ‘‘(A) shall establish and publish proce11 dures, guidelines, and conditions for the sub12 mission and approval of applications for use of 

13 nanotechnology facilities; 

14 ‘‘(B) shall publish descriptions of the capa15 bilities of facilities available for use under this 

16 subsection, including the availability of tech17 nical support; and 

18 ‘‘(C) may waive recovery, require full re19 covery, or require partial recovery of the costs 

20 associated with use of the facilities for projects 

21 under this subsection. 

22 ‘‘(4) SELECTION AND CRITERIA.—In cases 

23 when less than full cost recovery is required pursu24 ant to paragraph (3)(C), projects provided access to 

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1 section shall be selected through a competitive, 

2 merit-based process, and the criteria for the selec3 tion of such projects shall include the following: 

4 ‘‘(A) The readiness of the project for tech5 nology demonstration. 

6 ‘‘(B) Evidence of a commitment by the ap7 plicant for further development of the project to 

8 full commercialization if the proof of concept is 

9 established by the prototype. 

10 ‘‘(C) Evidence of the potential for further 

11 funding from private sector sources following 

12 the successful demonstration of proof of con13 cept. 

14 ‘‘(5) SPECIAL CONSIDERATION FOR PROJECTS

15 RELEVANT TO IMPORTANT NATIONAL NEEDS.—In 

16 selecting projects under paragraph (4), the agencies 

17 described in paragraph (1) may give special consid18 eration to applications that are relevant to important 

19 national needs or requirements. 

20 ‘‘(b) USE OF EXISTING TECHNOLOGY TRANSFER

21 PROGRAMS.—Each agency participating in the Program 

22 shall— 

23 ‘‘(1) if the agency administers a Small Business 

24 Innovation Research Program or a Small Business 

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1 mission of applications for support of 

2 nanotechnology related projects to such programs; 

3 and 

4 ‘‘(2) through the National Nanotechnology Co5 ordination Office established under section 3(a) and 

6 not later than 180 days after the date of the enact7 ment of this section, submit to the Committee on 

8 Commerce, Science, and Transportation of the Sen9 ate and the Committee on Science and Technology 

10 of the House of Representatives— 

11 ‘‘(A) the plan described in section 2(c)(7); 

12 and 

13 ‘‘(B) a report specifying, if the agency ad14 ministers a Small Business Innovation Research 

15 Program and a Small Business Technology 

16 Transfer Program— 

17 ‘‘(i) the number of proposals received 

18 for nanotechnology related projects during 

19 the current fiscal year and the previous 2 

20 fiscal years; 

21 ‘‘(ii) the number of such proposals 

22 funded in each year; 

23 ‘‘(iii) the total number of 

24 nanotechnology related projects funded and 


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1 the amount of funding provided for fiscal 

2 year 2003 through fiscal year 2007; and 

3 ‘‘(iv) a description of the projects 

4 identified in accordance with clause (iii) 

5 which received private sector funding be6 yond the period of phase II support of the 

7 Small Business Innovation Research Pro8 gram and the Small Business Technology 

9 Transfer Program. 

10 ‘‘(c) INDUSTRY LIAISON GROUPS.—An objective of 

11 the Program shall be to establish industry liaison groups 

12 for all industry sectors that would benefit from applica13 tions of nanotechnology. The Nanomanufacturing, Indus14 try Liaison, and Innovation Working Group of the Na15 tional Science and Technology Council shall actively pur16 sue establishing such liaison groups.’’. 

17 (b) TECHNOLOGY INNOVATION PROGRAM SUPPORT

18 FOR NANOTECHNOLOGY.—Section 28 of the National In19 stitute of Standards and Technology Act (15 U.S.C. 278n) 

20 is amended— 

21 (1) in subsection (d)— 

22 (A) by striking ‘‘The Director’’ and insert23 ing the following: 

24 ‘‘(1) IN GENERAL.—The Director’’; and 

25 (B) by adding at the end the following: 


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1 ‘‘(2) SOLICITATION OF NANOTECHNOLOGY PRO2 POSALS.—The Director shall encourage the submis3 sion of proposals under paragraph (1) for support of 

4 nanotechnology related projects.’’; 

5 (2) in subsection (g)— 

6 (A) by striking ‘‘The Director’’ and insert7 ing the following: 

8 ‘‘(1) IN GENERAL.—The Director’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(2) NANOTECHNOLOGY REPORT REQUIRE11 MENTS.—The report required by paragraph (1) shall 

12 include a description of— 

13 ‘‘(A) how the requirement of subsection 

14 (d)(2) is being met; 

15 ‘‘(B) the number of proposals for 

16 nanotechnology related projects received; 

17 ‘‘(C) the number of such proposals funded; 

18 ‘‘(D) the total number of such projects 

19 funded since the beginning of the Technology 

20 Innovation Program; and 

21 ‘‘(E) the outcomes of such funded projects 

22 in terms of the metrics described in paragraph 

23 (1).’’; 

24 (3) in subsection (k)(3)— 


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1 (A) in subparagraph (C), by striking 

2 ‘‘and’’; and 

3 (B) by adding at the end the following: 

4 ‘‘(E) advice on how to accomplish the re5 quirement of subsection (d)(2); and 

6 ‘‘(F) an assessment of the adequacy of the 

7 allocation of resources for nanotechnology re8 lated projects supported under the Technology 

9 Innovation Program.’’; and 

10 (4) in subsection (l)— 

11 (A) in paragraph (4)(B), by striking the 

12 ‘‘and’’ at the end; 

13 (B) in paragraph (5), by striking the pe14 riod at the end and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(6) the term ‘nanotechnology’ has the meaning 

17 given the term in section 15 of the 21st Century 

18 Nanotechnology Research and Development Act.’’. 

19 (c) COORDINATION WITH STATE INITIATIVES.—Sec20 tion 2(b)(7) of the 21st Century Nanotechnology Research 

21 and Development Act, as redesignated by section 

22 2(b)(1)(A) of this Act, is amended to read as follows: 

23 ‘‘(7) ensuring United States global leadership in 

24 the development and application of nanotechnology, 

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1 eral investments with nanotechnology research, de2 velopment, and technology transition initiatives sup3 ported by the States;’’. 

4 SEC. 8. RESEARCH IN AREAS OF NATIONAL IMPORTANCE. 

5 The 21st Century Nanotechnology Research and De6 velopment Act (15 U.S.C. 7501 et seq.) is amended by 

7 inserting after section 11, as added by section 7(a) of this 

8 Act, the following: 

9 ‘‘SEC. 12. RESEARCH IN AREAS OF NATIONAL IMPORTANCE. 

10 ‘‘(a) IN GENERAL.—The Program shall include sup11 port for nanotechnology research and development activi12 ties directed toward application areas that have the poten13 tial for significant contributions to national economic com14 petitiveness and for other significant societal benefits. The 

15 activities supported shall be designed to advance the devel16 opment of research discoveries by demonstrating technical 

17 solutions to important problems in areas such as the fol18 lowing: 

19 ‘‘(1) Nano-electronics. 

20 ‘‘(2) Energy production, storage, and efficiency, 

21 including renewable energy. 

22 ‘‘(3) Health care. 

23 ‘‘(4) Water remediation and purification. 

24 ‘‘(5) Instrumentation for nanoscale character25 ization and metrology. 


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1 ‘‘(6) Rapid production nanomanufacturing for 

2 information and intelligence, including cost-effective, 

3 green, and safe nanomaterial manufacturing meth4 ods. 

5 ‘‘(7) Precision agriculture. 

6 ‘‘(8) Sensors and sensor networks for defense 

7 and homeland security. 

8 ‘‘(b) RECOMMENDATIONS.—The Advisory Panel shall 

9 make recommendations to the Program for candidate re10 search and development areas for support under this sec11 tion. 

12 ‘‘(c) CHARACTERISTICS.— 

13 ‘‘(1) IN GENERAL.—Research and development 

14 activities under this section shall— 

15 ‘‘(A) include projects selected on the basis 

16 of applications for support through a competi17 tive, merit-based process; 

18 ‘‘(B) involve collaborations among re19 searchers in academic institutions and industry, 

20 and may involve nonprofit research institutions 

21 and Federal and National laboratories, as ap22 propriate; 

23 ‘‘(C) when possible, leverage Federal in24 vestments through collaboration with related 

25 State initiatives; and 


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1 ‘‘(D) include a plan for fostering the trans2 fer of research discoveries and the results of 

3 technology demonstration activities to industry 

4 for commercial development. 

5 ‘‘(2) PROCEDURES.— 

6 ‘‘(A) IN GENERAL.—Determination of the 

7 requirements for applications under this sub8 section, review and selection of applications for 

9 support, and subsequent funding of projects 

10 shall be carried out by a collaboration of no 

11 fewer than 2 agencies participating in the Pro12 gram. 

13 ‘‘(B) SPECIAL CONSIDERATION.—In select14 ing applications for support, the agencies shall 

15 give special consideration to projects that in16 clude cost sharing from non-Federal sources. 

17 ‘‘(3) INTERDISCIPLINARY RESEARCH CEN18 TERS.—Research and development activities under 

19 this section may be supported through interdiscipli20 nary nanotechnology research centers, as authorized 

21 by section 2(b)(6), that are organized to investigate 

22 basic research questions and carry out technology 

23 demonstration activities in areas such as those iden24 tified under subsection (b).’’. 


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1 SEC. 9. NANOMANUFACTURING RESEARCH. 

2 (a) IN GENERAL.—The 21st Century 

3 Nanotechnology Research and Development Act (15 

4 U.S.C. 7501 et seq.) is amended by inserting after section 

5 12, as added by section 8 of this Act, the following: 

6 ‘‘SEC. 13. NANOMANUFACTURING RESEARCH. 

7 ‘‘(a) RESEARCH AREAS.—The Nanomanufacturing 

8 component area of the Program, or any successor compo9 nent area, shall include research on the following: 

10 ‘‘(1) Development of instrumentation and tools 

11 required for the rapid characterization of nanoscale 

12 materials and for monitoring of nanoscale manufac13 turing processes. 

14 ‘‘(2) Approaches and techniques for scaling the 

15 synthesis of new nanoscale materials to achieve in16 dustrial-level production rates. 

17 ‘‘(3) Improvements in atomically precise meas18 urement, monitoring, manipulating, and manufac19 turing. 

20 ‘‘(4) Development of nanotechnology production 

21 methods and tools for aerospace information and in22 telligence applications. 

23 ‘‘(b) GREEN NANOTECHNOLOGY.—Interdisciplinary 

24 research centers supported under the Program in accord25 ance with section 2(b)(6) that are focused on 

26 nanomanufacturing research and centers established 


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1 under the authority of section 12(c)(3) shall include, as 

2 part of the activities of such centers, the following: 

3 ‘‘(1) Research on methods and approaches to 

4 develop environmentally benign nanoscale products 

5 and nanoscale manufacturing processes, taking into 

6 consideration relevant findings and results of re7 search supported under the Environmental, Health, 

8 and Safety program component area, or any suc9 cessor program component area. 

10 ‘‘(2) Fostering the transfer of the results of 

11 such research to industry, including through indus12 try-led collaborative translational research, with pri13 ority consideration given to proposals that provide 

14 non-Federal funds in an amount not less than 25 

15 percent of the total amount of any funding to be 

16 awarded under the Program. 

17 ‘‘(3) Providing for the education of scientists 

18 and engineers through interdisciplinary studies in 

19 the principles and techniques for the design and de20 velopment of environmentally benign nanoscale prod21 ucts and processes.’’. 

22 (b) REVIEW OF NANOMANUFACTURING RESEARCH

23 AND RESEARCH FACILITIES.— 

24 (1) DEFINITIONS.—In this subsection, the 

25 terms ‘‘nanotechnology’’, ‘‘nanoscale’’, ‘‘program 


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1 component area’’, ‘‘Program’’, and ‘‘Advisory Panel’’ 

2 have the meaning given such terms in section 15 of 

3 the 21st Century Nanotechnology Research and De4 velopment Act, as redesignated by section 6(a)(1) 

5 and amended by section 13 of this Act. 

6 (2) PUBLIC MEETING.— 

7 (A) IN GENERAL.—Not later than 1 year 

8 after the date of the enactment of this Act, the 

9 Director of the National Nanotechnology Co10 ordination Office established under section 3(a) 

11 of such Act (15 U.S.C. 7502(a)) shall sponsor 

12 a public meeting, including representation from 

13 a wide range of industries engaged in nanoscale 

14 manufacturing— 

15 (i) to obtain the views of participants 

16 at the meeting on— 

17 (I) the relevance and value of the 

18 research being carried out under the 

19 Nanomanufacturing program compo20 nent area, or any successor program 

21 component area; and 

22 (II) whether the capabilities of 

23 nanotechnology research facilities sup24 ported under the Program are ade25 quate— 


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1 (aa) to meet current and 

2 near-term requirements for the 

3 fabrication and characterization 

4 of nanoscale devices and systems; 

5 and 

6 (bb) to provide access to and 

7 use of instrumentation and 

8 equipment at the facilities, by 

9 means of networking technology, 

10 to individuals who are at loca11 tions remote from the facilities; 

12 and 

13 (ii) to receive any recommendations 

14 on ways to strengthen the research port15 folio supported under the 

16 Nanomanufacturing program component 

17 area, or any successor program component 

18 area, and on improving the capabilities of 

19 nanotechnology research facilities sup20 ported under the Program. 

21 (B) INVITATIONS TO PUBLIC MEETING.— 

22 The Director of the National Nanotechnology 

23 Coordination Office shall invite companies that 

24 are participating in industry liaison groups to 


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1 participate in the meeting required by subpara2 graph (A). 

3 (C) REPORT ON PUBLIC MEETING.—Not 

4 later than 1 year after the date of the enact5 ment of this Act, the Director of the National 

6 Nanotechnology Coordination Office shall pre7 pare and submit to the Advisory Panel a report 

8 documenting the findings and recommendations 

9 of the Director with respect to the meeting re10 quired by subparagraph (A). 

11 (3) ADVISORY PANEL REVIEW.— 

12 (A) IN GENERAL.—Not later than 18 

13 months after the date of the enactment of this 

14 Act, the Advisory Panel shall review the 

15 Nanomanufacturing program component area, 

16 or any successor program component area, and 

17 the capabilities of nanotechnology research fa18 cilities supported under the Program to assess 

19 the following: 

20 (i) Whether the funding for the 

21 Nanomanufacturing program component 

22 area, or any successor program component 

23 area, is adequate and receiving appropriate 

24 priority within the overall resources avail25 able for the Program. 


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1 (ii) The relevance of the research 

2 being supported to the identified needs and 

3 requirements of industry. 

4 (iii) Whether the capabilities of 

5 nanotechnology research facilities sup6 ported under the Program are adequate— 

7 (I) to meet current and near8 term requirements for the fabrication 

9 and characterization of nanoscale de10 vices and systems; and 

11 (II) to provide access to and use 

12 of instrumentation and equipment at 

13 the facilities, by means of networking 

14 technology, to individuals who are at 

15 locations remote from the facilities. 

16 (iv) The level of funding that would 

17 be needed to support— 

18 (I) the acquisition of instrumen19 tation, equipment, and networking 

20 technology sufficient to provide the 

21 capabilities at nanotechnology re22 search facilities described in subpara23 graph (C); and 

24 (II) the operation and mainte25 nance of such facilities. 


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1 (B) INCORPORATION OF FINDINGS FROM

2 PUBLIC MEETING.—In carrying out the review 

3 required by subparagraph (A), the Advisory 

4 Panel shall take into consideration the findings 

5 and recommendations in the report submitted 

6 by the Director of the National Nanotechnology 

7 Coordination Office under paragraph (2)(C). 

8 (C) REPORT ON ADVISORY PANEL RE9 VIEW.—Not later than 18 months after the 

10 date of the enactment of this Act, the Advisory 

11 Panel shall submit to the Committee on Com12 merce, Science, and Transportation of the Sen13 ate and the Committee on Science and Tech14 nology of the House of Representatives a report 

15 on the review required by subparagraph (A), in16 cluding the following: 

17 (i) The recommendations, if any, of 

18 the Advisory Panel with respect to the 

19 Nanomanufacturing program component 

20 area. 

21 (ii) The report required by paragraph 

22 (2)(C). 


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1 SEC. 10. NANOSCALE CHARACTERIZATION AND METROL2 OGY. 

3 The 21st Century Nanotechnology Research and De4 velopment Act (15 U.S.C. 7501 et seq.) is amended by 

5 inserting after section 13, as added by section 9(a) of this 

6 Act, the following: 

7 ‘‘SEC. 14. NANOSCALE CHARACTERIZATION AND METROL8 OGY. 

9 ‘‘(a) RESEARCH AREAS.—The Instrument Research, 

10 Metrology, and Standards program component area, or 

11 any successor program component area, shall include re12 search on translational development of instrumentation, 

13 tools, approaches, and techniques required for the charac14 terization of nanoscale materials and for nanoscale metrol15 ogy, including improvements in speed, accuracy, and 

16 scalability. 

17 ‘‘(b) ENVIRONMENTAL, HEALTH, AND SAFETY EF18 FECTS.—Interdisciplinary research centers supported 

19 under the Program in accordance with section 2(b)(6) that 

20 are focused on nanoscale characterization and metrology 

21 in accordance with section 12(c)(3) shall include as part 

22 of the activities of such centers— 

23 ‘‘(1) research on methods and approaches to de24 velop characterization and metrology capabilities rel25 evant to the Environmental, Health, and Safety proVerDate Aug 31 2005 03:38 Jul 17, 2008 Jkt 069200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S3274.IS S3274

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1 gram component area, or any successor program 

2 component area; and 

3 ‘‘(2) fostering the transfer of the results of such 

4 research to industry, including through industry-led 

5 collaborative translational research.’’. 

6 SEC. 11. GAO STUDY OF NANOTECHNOLOGY RELATED 

7 CODES, STANDARDS, AND REGULATIONS. 

8 (a) IN GENERAL.—Not later than 2 years after the 

9 date of the enactment of this Act, the Comptroller General 

10 of the United States shall conduct a study of Federal 

11 codes, standards, and regulations as they pertain to the 

12 safe production, use, and disposal of engineered 

13 nanomaterials and products that embody engineered 

14 nanomaterials. 

15 (b) MATTERS COVERED.—In conducting the study 

16 required by subsection (a), the Comptroller General 

17 shall— 

18 (1) review the current status of federal codes, 

19 standards, and regulations of— 

20 (A) the Environmental Protection Agency; 

21 (B) the Food and Drug Administration; 

22 (C) the Department of Agriculture; 

23 (D) the Consumer Product Safety Com24 mission; 


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1 (E) the Occupational Safety and Health 

2 Administration; and 

3 (F) any other Federal agency with regu4 latory authority over the production, use, and 

5 disposal of engineered nanomaterials and prod6 ucts that embody engineered nanomaterials; 

7 (2) evaluate international efforts to develop 

8 codes, standards, and regulations regarding the pro9 duction, use, and disposal of engineered 

10 nanomaterials and products that incorporate engi11 neered nanomaterials; 

12 (3) identify gaps in the ability of Federal agen13 cies to enforce appropriate cost-effective safety pro14 cedures for nanomaterials using the current codes, 

15 standards, and regulations of such agencies; and 

16 (4) develop recommendations with respect to 

17 changes to such codes, standards, and regulations to 

18 remedy such gaps. 

19 (c) REPORT.—Not later than 2 years after the date 

20 of the enactment of this Act, the Comptroller shall submit 

21 to the Committee on Commerce, Science, and Transpor22 tation of the Senate, the Committee on Science and Tech23 nology of the House of Representatives, and other appro24 priate committees of Congress, a report on the study reVerDate Aug 31 2005 03:38 Jul 17, 2008 Jkt 069200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S3274.IS S3274

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1 quired by subsection (a), including a description of the 

2 matters covered under subsection (b). 

3 SEC. 12. PUBLIC OUTREACH. 

4 (a) NATIONAL DISCUSSION CONVENED.—Not later 

5 than 1 year after the date of the enactment of this Act, 

6 the Director of the National Nanotechnology Coordination 

7 Office, established under section 3(a) of the 21st Century 

8 Nanotechnology Research and Development Act (15 

9 U.S.C. 7502(a)), shall convene a national discussion to en10 gage the people of the United States and increase their 

11 awareness of nanotechnology. 

12 (b) FORM.—The Director shall convene the national 

13 discussion required by subsection (a) through not less 

14 than 2 large-scale deliberative forums. 

15 (c) PARTICIPATION.—In the national discussion re16 quired by subsection (a), the Director shall ensure that 

17 the population of participants is diverse in— 

18 (1) age; 

19 (2) geography; 

20 (3) income; and 

21 (4) education. 

22 (d) INCORPORATION OF VIEWS.—In the national dis23 cussion required by subsection (a), the Director shall in24 corporate the views and positions of key stakeholder 

25 groups, including representatives of— 


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1 (1) academia; 

2 (2) nongovernmental organizations; and 

3 (3) industry. 

4 (e) IDENTIFICATION OF PRIORITIES AND CON5 CERNS.—In the national discussion required by subsection 

6 (a), the Director shall identify the collective priorities and 

7 concerns of the general public and stakeholder groups that 

8 relate to— 

9 (1) nanotechnology products; 

10 (2) research and development; and 

11 (3) regulatory policy. 

12 (f) REPORT.—Not later than 1 year after the date 

13 of the enactment of this Act, the Director shall submit 

14 to the Committee on Commerce, Science, and Transpor15 tation of the Senate and the Committee on Science and 

16 Technology of the House of Representatives a report sum17 marizing the national discussion required by subsection 

18 (a). 

19 (g) AUTHORIZATION OF APPROPRIATIONS.— 

20 (1) IN GENERAL.—There are authorized to be 

21 appropriated to the Director of the National 

22 Nanotechnology Coordination Office $2,000,000 to 

23 carry out the national discussion required by sub24 section (a). 


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1 (2) SUPPLEMENT NOT SUPPLANT.—The 

2 amount authorized to be appropriated by paragraph 

3 (1) for the purpose described in that paragraph is 

4 in addition to amounts provided in support of the 

5 operation of the National Nanotechnology Coordina6 tion Office under section 3(b) of the 21st Century 

7 Nanotechnology Research and Development Act (15 

8 U.S.C. 7502(b)), as amended by section 2(b)(1) of 

9 this Act. 

10 SEC. 13. AMENDMENTS TO DEFINITIONS. 

11 Section 15 of the 21st Century Nanotechnology Re12 search and Development Act, as redesignated by section 

13 6(a)(1) of this Act, is amended— 

14 (1) in paragraph (2)— 

15 (A) by striking ‘‘atomic, molecular, and 

16 supramolecular levels’’ and inserting 

17 ‘‘nanoscale’’; and 

18 (B) by striking ‘‘molecular organization, 

19 properties, and’’ and inserting ‘‘properties or’’; 

20 and 

21 (2) by adding at the end the following: 

22 ‘‘(7) NANOSCALE.—The term ‘nanoscale’ means 

23 one or more dimensions of between approximately 1 

24 and 100 nanometers.’’. 

Æ 


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