[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5940 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  2d Session
                                H. R. 5940

_______________________________________________________________________

                                 AN ACT


 
  To authorize activities for support of nanotechnology research and 
                  development, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Nanotechnology Initiative 
Amendments Act of 2008''.

SEC. 2. NATIONAL NANOTECHNOLOGY PROGRAM AMENDMENTS.

    The 21st Century Nanotechnology Research and Development Act (15 
U.S.C. 7501 et seq.) is amended--
            (1) by striking section 2(c)(4) and inserting the following 
        new paragraph:
            ``(4) develop, within 12 months after the date of enactment 
        of the National Nanotechnology Initiative Amendments Act of 
        2008, and update every 3 years thereafter, a strategic plan to 
        guide the activities described under subsection (b) that 
        specifies near-term and long-term objectives for the Program, 
        the anticipated time frame for achieving the near-term 
        objectives, and the metrics to be used for assessing progress 
        toward the objectives, and that describes--
                    ``(A) how the Program will move results out of the 
                laboratory and into applications for the benefit of 
                society, including through cooperation and 
                collaborations with nanotechnology research, 
                development, and technology transition initiatives 
                supported by the States;
                    ``(B) how the Program will encourage and support 
                interdisciplinary research and development in 
                nanotechnology; and
                    ``(C) proposed research in areas of national 
                importance in accordance with the requirements of 
                section 5 of the National Nanotechnology Initiative 
                Amendments Act of 2008;'';
            (2) in section 2--
                    (A) in subsection (d)--
                            (i) by redesignating paragraphs (1) through 
                        (5) as paragraphs (2) through (6), 
                        respectively; and
                            (ii) by inserting the following new 
                        paragraph before paragraph (2), as so 
                        redesignated by clause (i) of this 
                        subparagraph:
            ``(1) the Program budget, for the previous fiscal year, for 
        each agency that participates in the Program, including a 
        breakout of spending for the development and acquisition of 
        research facilities and instrumentation, for each program 
        component area, and for all activities pursuant to subsection 
        (b)(10);''; and
                    (B) by inserting at the end the following new 
                subsection:
    ``(e) Standards Setting.--The agencies participating in the Program 
shall support the activities of committees involved in the development 
of standards for nanotechnology and may reimburse the travel costs of 
scientists and engineers who participate in activities of such 
committees.'';
            (3) by striking section 3(b) and inserting the following 
        new subsection:
    ``(b) Funding.--(1) The operation of the National Nanotechnology 
Coordination Office shall be supported by funds from each agency 
participating in the Program. The portion of such Office's total budget 
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(d)(1).
    ``(2) The annual report under section 2(d) shall include--
            ``(A) a description of the funding required by the National 
        Nanotechnology Coordination Office to perform the functions 
        specified under subsection (a) for the next fiscal year by 
        category of activity, including the funding required to carry 
        out the requirements of section 2(b)(10)(D), subsection (d) of 
        this section, and section 5;
            ``(B) a description of the funding required by such Office 
        to perform the functions specified under subsection (a) for the 
        current fiscal year by category of activity, including the 
        funding required to carry out the requirements of subsection 
        (d); and
            ``(C) the amount of funding provided for such Office for 
        the current fiscal year by each agency participating in the 
        Program.'';
            (4) by inserting at the end of section 3 the following new 
        subsection:
    ``(d) Public Information.--(1) The National Nanotechnology 
Coordination Office shall develop and maintain a database accessible by 
the public of projects funded under the Environmental, Health, and 
Safety, the Education and Societal Dimensions, and the 
Nanomanufacturing program component areas, or any successor program 
component areas, including a description of each project, its source of 
funding by agency, and its funding history. For the Environmental, 
Health, and Safety program component area, or any successor program 
component area, projects shall be grouped by major objective as defined 
by the research plan required under section 3(b) of the National 
Nanotechnology Initiative Amendments Act of 2008. For the Education and 
Societal Dimensions program component area, or any successor program 
component area, the projects shall be grouped in subcategories of--
            ``(A) education in formal settings;
            ``(B) education in informal settings;
            ``(C) public outreach; and
            ``(D) ethical, legal, and other societal issues.
    ``(2) The National Nanotechnology Coordination Office shall 
develop, maintain, and publicize information on nanotechnology 
facilities supported under the Program, and may include information on 
nanotechnology facilities supported by the States, that are accessible 
for use by individuals from academic institutions and from industry. 
The information shall include at a minimum the terms and conditions for 
the use of each facility, a description of the capabilities of the 
instruments and equipment available for use at the facility, and a 
description of the technical support available to assist users of the 
facility.'';
            (5) in section 4(a)--
                    (A) by striking ``or designate'';
                    (B) by inserting ``as a distinct entity'' after 
                ``Advisory Panel''; and
                    (C) by inserting at the end ``The Advisory Panel 
                shall form a subpanel with membership having specific 
                qualifications tailored to enable it to carry out the 
                requirements of subsection (c)(7).'';
            (6) in section 4(b)--
                    (A) by striking ``or designated'' and ``or 
                designating''; and
                    (B) by adding at the end the following: ``At least 
                one member of the Advisory Panel shall be an individual 
                employed by and representing a minority-serving 
                institution.'';
            (7) by amending section 5 to read as follows:

``SEC. 5. TRIENNIAL EXTERNAL REVIEW OF THE NATIONAL NANOTECHNOLOGY 
              PROGRAM.

    ``(a) In General.--The Director of the National Nanotechnology 
Coordination Office shall enter into an arrangement with the National 
Research Council of the National Academy of Sciences to conduct a 
triennial review of the Program. The Director shall ensure that the 
arrangement with the National Research Council is concluded in order to 
allow sufficient time for the reporting requirements of subsection (b) 
to be satisfied. Each triennial review shall include an evaluation of 
the--
            ``(1) 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) 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) Program's scientific and technological 
        accomplishments and its success in transferring technology to 
        the private sector; and
            ``(4) adequacy of the Program's activities addressing 
        ethical, legal, environmental, and other appropriate societal 
        concerns, including human health concerns.
    ``(b) Evaluation To Be Transmitted to Congress.--The National 
Research Council shall document the results of each triennial review 
carried out in accordance with subsection (a) in a report that includes 
any recommendations for ways to improve the Program's management and 
coordination processes and for changes to the Program's objectives, 
funding priorities, and technical content. Each report shall be 
submitted to the Director of the National Nanotechnology Coordination 
Office, who shall transmit it 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 not later 
than September 30 of every third year, with the first report due 
September 30, 2009.
    ``(c) Funding.--Of the amounts provided in accordance with section 
3(b)(1), the following amounts shall be available to carry out this 
section:
            ``(1) $500,000 for fiscal year 2009.
            ``(2) $500,000 for fiscal year 2010.
            ``(3) $500,000 for fiscal year 2011.''; and
            (8) in section 10--
                    (A) by amending paragraph (2) to read as follows:
            ``(2) Nanotechnology.--The term `nanotechnology' means the 
        science and technology that will enable one to understand, 
        measure, manipulate, and manufacture at the nanoscale, aimed at 
        creating materials, devices, and systems with fundamentally new 
        properties or functions.''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(7) Nanoscale.--The term `nanoscale' means one or more 
        dimensions of between approximately 1 and 100 nanometers.''.

SEC. 3. SOCIETAL DIMENSIONS OF NANOTECHNOLOGY.

    (a) Coordinator for Societal Dimensions of Nanotechnology.--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. The 
Coordinator shall be responsible for oversight of the coordination, 
planning, and budget prioritization of activities required by section 
2(b)(10) of the 21st Century Nanotechnology Research and Development 
Act (15 U.S.C. 7501(b)(10)). The Coordinator shall, with the assistance 
of appropriate senior officials of the agencies funding activities 
within the Environmental, Health, and Safety and the Education and 
Societal Dimensions program component areas of the Program, or any 
successor program component areas, ensure that the requirements of such 
section 2(b)(10) are satisfied. The responsibilities of the Coordinator 
shall include--
            (1) ensuring that a research plan for the environmental, 
        health, and safety research activities required under 
        subsection (b) is developed, updated, and implemented and that 
        the plan is responsive to the recommendations of the subpanel 
        of the Advisory Panel established under section 4(a) of the 
        21st Century Nanotechnology Research and Development Act (15 
        U.S.C. 7503(a)), as amended by this Act;
            (2) 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 concerns, are 
        addressed under the Program, including the implementation of 
        the research plan described in subsection (b); and
            (3) 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.--The Coordinator for Societal Dimensions of 
        Nanotechnology shall convene and chair a panel comprised of 
        representatives from the agencies funding research activities 
        under the Environmental, Health, and Safety program component 
        area of the Program, or any successor program component area, 
        and from such other agencies as the Coordinator considers 
        necessary to develop, periodically update, and coordinate the 
        implementation of a research plan for this program component 
        area. In developing and updating the plan, the panel convened 
        by the Coordinator shall solicit and be responsive to 
        recommendations and advice from--
                    (A) the subpanel of the Advisory Panel established 
                under section 4(a) of the 21st Century Nanotechnology 
                Research and Development Act (15 U.S.C. 7503(a)), as 
                amended by this Act; and
                    (B) 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 under 
        paragraph (1) shall include a description of how the Program 
        will help to ensure the development of--
                    (A) standards related to nomenclature associated 
                with engineered nanoscale materials;
                    (B) engineered nanoscale standard reference 
                materials for environmental, health, and safety 
                testing; and
                    (C) 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, with respect to activities described in paragraphs 
        (1) and (2)--
                    (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) Transmittal to congress.--The plan required under 
        paragraph (1) shall be submitted not later than 60 days after 
        the date of enactment of this Act to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Science and Technology of the House of Representatives.
            (5) Updating and appending to report.--The plan required 
        under paragraph (1) shall be updated annually and appended to 
        the report required under section 2(d) of the 21st Century 
        Nanotechnology Research and Development Act (15 U.S.C. 
        7501(d)).
    (c) Nanotechnology Partnerships.--
            (1) Establishment.--As part of the program authorized by 
        section 9 of the National Science Foundation Authorization Act 
        of 2002, the Director of the National Science Foundation shall 
        provide 1 or more grants to establish partnerships as defined 
        by subsection (a)(2) of that section, except that each such 
        partnership shall include 1 or more businesses engaged in the 
        production of nanoscale materials, products, or devices. 
        Partnerships established in accordance with this subsection 
        shall be designated as ``Nanotechnology Education 
        Partnerships''.
            (2) Purpose.--Nanotechnology Education Partnerships shall 
        be designed to recruit and help prepare secondary school 
        students to pursue postsecondary level courses of instruction 
        in nanotechnology. At a minimum, grants shall be used to 
        support--
                    (A) professional development activities 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, to increase their understanding 
                of nanoscale science and technology and to inform them 
                about career possibilities in nanotechnology as 
                scientists, engineers, and technicians; and
                    (C) identification of appropriate nanotechnology 
                educational materials and incorporation of 
                nanotechnology into the curriculum for secondary school 
                students at one or more organizations participating in 
                a Partnership.
            (3) Selection.--Grants under this subsection shall be 
        awarded in accordance with subsection (b) of such section 9, 
        except that paragraph (3)(B) of that subsection shall not 
        apply.
    (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--
                    (A) development of courses of instruction or 
                modules to existing courses;
                    (B) faculty professional development; and
                    (C) acquisition of equipment and instrumentation 
                suitable for undergraduate education and research in 
                nanotechnology.
            (2) Course, curriculum, and laboratory improvement 
        authorization.--There are authorized to be appropriated to the 
        Director of the National Science Foundation to carry out 
        activities described in paragraph (1) through the Course, 
        Curriculum, and Laboratory Improvement program--
                    (A) from amounts authorized under section 
                7002(b)(2)(B) of the America COMPETES Act, $5,000,000 
                for fiscal year 2009; and
                    (B) from amounts authorized under section 
                7002(c)(2)(B) of the America COMPETES Act, $5,000,000 
                for fiscal year 2010.
            (3) Advanced technology education authorization.--There are 
        authorized to be appropriated to the Director of the National 
        Science Foundation to carry out activities described in 
        paragraph (1) through the Advanced Technology Education 
        program--
                    (A) from amounts authorized under section 
                7002(b)(2)(B) of the America COMPETES Act, $5,000,000 
                for fiscal year 2009; and
                    (B) from amounts authorized under section 
                7002(c)(2)(B) of the America COMPETES Act, $5,000,000 
                for fiscal year 2010.
    (e) Interagency Working Group.--The National Science and Technology 
Council shall establish under the Nanoscale Science, Engineering, and 
Technology Subcommittee an Education Working Group to coordinate, 
prioritize, and plan the educational activities supported under the 
Program.
    (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) Agencies 
supporting nanotechnology research facilities as part of the Program 
shall require the entities that operate such facilities to allow access 
via the Internet, and support the costs associated with the provision 
of such access, by secondary school students and teachers, to 
instruments and equipment within such facilities for educational 
purposes. The agencies may waive this requirement for cases when 
particular facilities would be inappropriate for educational purposes 
or the costs for providing such access would be prohibitive.
    (2) The agencies identified in paragraph (1) shall require the 
entities that operate such nanotechnology research facilities to 
establish and publish procedures, guidelines, and conditions for the 
submission and approval of applications for the use of the facilities 
for the purpose identified in paragraph (1) and shall authorize 
personnel who operate the facilities to provide necessary technical 
support to students and teachers.

SEC. 4. TECHNOLOGY TRANSFER.

    (a) Prototyping.--
            (1) Access to facilities.--In accordance with section 
        2(b)(7) of 21st Century Nanotechnology Research and Development 
        Act (15 U.S.C. 7501(b)(7)), the agencies supporting 
        nanotechnology research facilities as part of the Program shall 
        provide access to such facilities to companies for the purpose 
        of assisting the companies in the development of prototypes of 
        nanoscale products, devices, or processes (or products, 
        devices, or processes enabled by nanotechnology) for 
        determining proof of concept. The agencies shall publicize the 
        availability of these facilities and encourage their use by 
        companies as provided for in this section.
            (2) Procedures.--The agencies identified 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.
            (3) Selection and criteria.--In cases when less than full 
        cost recovery is required pursuant to paragraph (2)(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 at a minimum--
                    (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; and
                    (C) evidence of the potential for further funding 
                from private sector sources following the successful 
                demonstration of proof of concept.
        The agencies may give special consideration in selecting 
        projects to applications that are relevant to important 
        national needs or requirements.
    (b) Use of Existing Technology Transfer Programs.--
            (1) Participating agencies.--Each agency participating in 
        the Program shall--
                    (A) encourage the submission of applications for 
                support of nanotechnology related projects to the Small 
                Business Innovation Research Program and the Small 
                Business Technology Transfer Program administered by 
                such agencies; and
                    (B) through the National Nanotechnology 
                Coordination Office and within 6 months after the date 
                of enactment of this Act, submit to the Committee on 
                Commerce, Science, and Transportation of the Senate and 
                the Committee on Science and Technology of the House of 
                Representatives--
                            (i) the plan described in section 2(c)(7) 
                        of the 21st Century Nanotechnology Research and 
                        Development Act (15 U.S.C. 7501(c)(7)); and
                            (ii) 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 subclause 
                                (III) which received private sector 
                                funding beyond the period of phase II 
                                support.
            (2) National institute of standards and technology.--The 
        Director of the National Institute of Standards and Technology 
        in carrying out the requirements of section 28 of the National 
        Institute of Standards and Technology Act (15 U.S.C. 278n) 
        shall--
                    (A) in regard to subsection (d) of that section, 
                encourage the submission of proposals for support of 
                nanotechnology related projects; and
                    (B) in regard to subsection (g) of that section, 
                include a description of how the requirement of 
                subparagraph (A) of this paragraph is being met, the 
                number of proposals for nanotechnology related projects 
                received, the number of such proposals funded, the 
                total number of such projects funded since the 
                beginning of the Technology Innovation Program, and the 
                outcomes of such funded projects in terms of the 
                metrics developed in accordance with such subsection 
                (g).
            (3) TIP advisory board.--The TIP Advisory Board established 
        under section 28(k) of the National Institute of Standards and 
        Technology Act (15 U.S.C. 278n(k)), in carrying out its 
        responsibilities under subsection (k)(3), shall provide the 
        Director of the National Institute of Standards and Technology 
        with--
                    (A) advice on how to accomplish the requirement of 
                paragraph (2)(A) of this subsection; and
                    (B) an assessment of the adequacy of the allocation 
                of resources for nanotechnology related projects 
                supported under the Technology Innovation 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.
    (d) Coordination With State Initiatives.--Section 2(b)(5) of the 
21st Century Nanotechnology Research and Development Act (15 U.S.C. 
7501(b)(5)) is amended to read as follows:
            ``(5) 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. 5. 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 technical 
solutions to important problems in such areas as nano-electronics, 
energy efficiency, health care, and water remediation and purification. 
The Advisory Panel shall make recommendations to the Program for 
candidate research and development areas for support under this 
section.
    (b) 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 institutions and Federal 
                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.--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. 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)(4) of the 21st Century 
        Nanotechnology Research and Development Act (15 U.S.C. 
        7501(b)(4)), that are organized to investigate basic research 
        questions and carry out technology demonstration activities in 
        areas such as those identified in subsection (a).
    (c) Report.--Reports required under section 2(d) of the 21st 
Century Nanotechnology Research and Development Act (15 U.S.C. 7501(d)) 
shall include a description of research and development areas supported 
in accordance with this section, including the same budget information 
as is required for program component areas under paragraphs (1) and (2) 
of such section 2(d).

SEC. 6. NANOMANUFACTURING RESEARCH.

    (a) Research Areas.--The Nanomanufacturing program component area, 
or any successor program component area, shall include research on--
            (1) development of instrumentation and tools required for 
        the rapid characterization of nanoscale materials and for 
        monitoring of nanoscale manufacturing processes; and
            (2) approaches and techniques for scaling the synthesis of 
        new nanoscale materials to achieve industrial-level production 
        rates.
    (b) Green Nanotechnology.--Interdiciplinary research centers 
supported under the Program in accordance with section 2(b)(4) of the 
21st Century Nanotechnology Research and Development Act (15 U.S.C. 
7501(b)(4)) that are focused on nanomanufacturing research and centers 
established under the authority of section 5(b)(3) of this Act shall 
include as part of the activities of such centers--
            (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, or 
        any successor program component area;
            (2) fostering the transfer of the results of such research 
        to industry; and
            (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.
    (c) Review of Nanomanufacturing Research and Research Facilities.--
            (1) Public meeting.--Not later than 12 months after the 
        date of enactment of this Act, the National Nanotechnology 
        Coordination Office shall sponsor a public meeting, including 
        representation from a wide range of industries engaged in 
        nanoscale manufacturing, to--
                    (A) 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 of the Program, or any 
                        successor program component area; and
                            (ii) 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; 
                                and
                    (B) 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.
        Companies participating in industry liaison groups shall be 
        invited to participate in the meeting. The Coordination Office 
        shall prepare a report documenting the findings and 
        recommendations resulting from the meeting.
            (2) Advisory panel review.--The Advisory Panel shall review 
        the Nanomanufacturing program component area of the Program, or 
        any successor program component area, and the capabilities of 
        nanotechnology research facilities supported under the Program 
        to assess--
                    (A) 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;
                    (B) the relevance of the research being supported 
                to the identified needs and requirements of industry;
                    (C) 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; and
                    (D) 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.
        In carrying out its assessment, the Advisory Panel shall take 
        into consideration the findings and recommendations from the 
        report required under paragraph (1).
            (3) Report.--Not later than 18 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 its assessment required under 
        paragraph (2), along with any recommendations and a copy of the 
        report prepared in accordance with paragraph (1).

SEC. 7. DEFINITIONS.

    In this Act, terms that are defined in section 10 of the 21st 
Century Nanotechnology Research and Development Act (15 U.S.C. 7509) 
have the meaning given those terms in that section.

            Passed the House of Representatives June 5, 2008.

            Attest:

                                                                 Clerk.
110th CONGRESS

  2d Session

                               H. R. 5940

_______________________________________________________________________

                                 AN ACT

  To authorize activities for support of nanotechnology research and 
                  development, and for other purposes.