II 111th CONGRESS 1st Session S. 596 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.
1.
Short title
This Act may be cited as the Nanotechnology Innovation and Prize Competition Act of 2009.
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.