Short title

This Act may be cited as the

National Nanotechnology Initiative Amendments Act of 2009

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 2009, 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 2009;

;

(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 2009. 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:

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, 2010. (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 2010. (2)$500,000 for fiscal year 2011. (3)$500,000 for fiscal year 2012.

; 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.

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 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 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.

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 2004 through fiscal year 2008; 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;

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).

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).

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.