[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 596 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 596

 To require the Secretary of Commerce to establish an award program to 
     honor achievements in nanotechnology, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 16, 2009

 Mr. Wyden (for himself and Ms. Snowe) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of Commerce to establish an award program to 
     honor achievements in nanotechnology, 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 ``Nanotechnology Innovation and Prize 
Competition Act of 2009''.

SEC. 2. NANOTECHNOLOGY AWARD PROGRAM.

    (a) Program Established.--The Secretary of Commerce shall, acting 
through the Director of the National Institute of Standards and 
Technology, establish a program to award prizes to eligible persons 
described in subsection (b) for achievement in 1 or more of the 
following applications of nanotechnology:
            (1) Improvement of the environment, consistent with the 
        Twelve Principles of Green Chemistry of the Environmental 
        Protection Agency.
            (2) Development of alternative energy that has the 
        potential to lessen the dependence of the United States on 
        fossil fuels.
            (3) Improvement of human health, consistent with 
        regulations promulgated by the Food and Drug Administration of 
        the Department of Health and Human Services.
            (4) Development of consumer products.
    (b) Eligible Person.--An eligible person described in this 
subsection is--
            (1) an individual who is--
                    (A) a citizen or legal resident of the United 
                States; or
                    (B) a member of a group that includes citizens or 
                legal residents of the United States; or
            (2) an entity that is incorporated and maintains its 
        primary place of business in the United States.
    (c) Establishment of Board.--
            (1) In general.--The Secretary of Commerce shall establish 
        a board to administer the program established under subsection 
        (a).
            (2) Membership.--The board shall be composed of not less 
        than 15 and not more than 21 members appointed by the 
        President, of whom--
                    (A) not less than 1 shall--
                            (i) be a representative of the interests of 
                        academic, business, and nonprofit 
                        organizations; and
                            (ii) have expertise in--
                                    (I) the field of nanotechnology; or
                                    (II) administering award 
                                competitions; and
                    (B) not less than 1 shall be from each of--
                            (i) the Department of Energy;
                            (ii) the Environmental Protection Agency;
                            (iii) the Food and Drug Administration of 
                        the Department of Health and Human Services;
                            (iv) the National Institutes of Health of 
                        the Department of Health and Human Services;
                            (v) the National Institute for Occupational 
                        Safety and Health of the Department of Health 
                        and Human Services;
                            (vi) the National Institute of Standards 
                        and Technology of the Department of Commerce; 
                        and
                            (vii) the National Science Foundation.
    (d) Awards.--Subject to the availability of appropriations, the 
board established under subsection (c) may make awards under the 
program established under subsection (a) as follows:
            (1) Financial prize.--The board may hold a financial award 
        competition and award a financial award in an amount determined 
        before the commencement of the competition to the first 
        competitor to meet such criteria as the board shall establish.
            (2) Recognition prize.--
                    (A) In general.--The board may recognize an 
                eligible person for superlative achievement in 1 or 
                more nanotechnology applications described in 
                subsection (a).
                    (B) No financial remuneration.--An award under this 
                paragraph shall not include any financial remuneration.
                    (C) National technology and innovation medal 
                recommendations.--For each eligible person recognized 
                under this paragraph, the board shall recommend to the 
                Secretary of Commerce that the Secretary recommend to 
                the President under section 16(b) of the Stevenson-
                Wydler Technology Innovation Act of 1980 (15 U.S.C. 
                3711) that the President award the National Technology 
                and Innovation Medal established under section 16(a) of 
                such Act to such eligible person.
    (e) Administration.--
            (1) Contracting.--The board established under subsection 
        (c) may contract with a private organization to administer a 
        financial award competition described in subsection (d)(1).
            (2) Solicitation of funds.--A member of the board or any 
        administering organization with which the board has a contract 
        under paragraph (1) may solicit gifts from private and public 
        entities to be used for a financial award under subsection 
        (d)(1).
            (3) Limitation on participation of donors.--The board may 
        allow a donor who is a private person described in paragraph 
        (2) to participate in the determination of criteria for an 
        award under subsection (d), but such donor may not solely 
        determine the criteria for such award.
            (4) No advantage for donation.--A donor who is a private 
        person described in paragraph (2) shall not be entitled to any 
        special consideration or advantage with respect to 
        participation in a financial award competition under subsection 
        (d)(1).
    (f) Intellectual Property.--The Federal Government may not acquire 
an intellectual property right in any product or idea by virtue of the 
submission of such product or idea in any competition under subsection 
(d)(1).
    (g) Liability.--The board established under subsection (c) may 
require a competitor in a financial award competition under subsection 
(d)(1) to waive liability against the Federal Government for injuries 
and damages that result from participation in such competition.
    (h) Annual Report.--Each year, the board established under 
subsection (c) shall submit to Congress a report on the program 
established under subsection (a).
    (i) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        sums for the program established under subsection (a) as 
        follows:
                    (A) For administration of prize competitions under 
                subsection (d), $750,000 for each fiscal year.
                    (B) For the awarding of a financial prize award 
                under subsection (d)(1), in addition to any amounts 
                received under subsection (e)(2), $2,000,000 for each 
                fiscal year.
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) shall 
        remain available until expended.
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