[Congressional Record Volume 155, Number 45 (Monday, March 16, 2009)]
[Senate]
[Pages S3115-S3116]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself and Ms. Snowe):
  S. 596. A bill to require the Secretary of Commerce to establish an 
award program to honor achievements in nanotechnology, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
  Mr. WYDEN. Mr. President, I am pleased to join today with my 
colleague from Maine, Senator Snowe, to introduce the Nanotechnology 
Innovation and Prize Competition Act of 2009.
  As Co-Chair of the Congressional Nanotechnology Caucus, and former 
Chair of the Subcommittee on Science, Technology, and Innovation, I 
have worked long and hard to advance U.S. competitiveness in 
nanotechnology. Nanotech is a rapidly developing field that offers a 
wide range of benefits to the country. It can create jobs, expand the 
economy, and strengthen America's position as a global leader in 
technological innovation. At this time, when older industries are 
faltering and the economy is struggling, Congress must act to open new 
doors, help industry to move into new fields, and work to unlock new 
manufacturing potential.
  Nanotechnology is redefining the global economy and delivering 
revolutionary change through an amazing array of technological 
innovations. There is virtually no industry that will not be improved 
by the advances that are possible with nanotechnology. But to unlock 
the full benefits of nanotechnology's capabilities, the Federal 
Government must do more to partner with our nation's innovative 
entrepreneurs, engineers, and scientists. To that end, I am proposing, 
along with Senator Snowe, legislation that will create an X-Prize 
competition in nanotechnology.
  Many people have heard of the X-Prize, a recent and high-profile 
example of a prize competition like the one Sen. Snowe and I are 
proposing today. The X-Prize was established in 1996 and set up a $10 
million prize fund for the first team who could make civilian space 
flight a reality. The award was successfully claimed just eight years 
later. But that was not the only achievement the X-Prize accomplished. 
During that span of time, the $10 million prize stimulated over $100 
million in research and development by the competitors.
  Successful prize competitions are not limited to the X-Prize. We have 
seen the value of these kinds of competitions before. One of the most 
famous was the Orteig prize, which was to be awarded to the first 
person to fly non-stop across the Atlantic Ocean. Claimed, of course, 
by Charles Lindbergh in 1927, the Orteig prize stimulated private 
investment 16 times greater than the amount of the prize. Imagine what 
kind of explosion in investment and innovation we could achieve in 
nanotechnology with the competition we're proposing today.
  By establishing this nanotechnology prize competition, the Federal 
Government will promote public-private cooperation to spur investment 
in key areas and help solve critical problems. The very first prize 
competition was, in fact, a Government sponsored competition that 
produced a revolutionary technological breakthrough. In 1714, the 
British Parliament established a prize for determining a ship's 
longitude at sea. At the time, the inability to accurately determine 
longitude was causing many ships to become lost. Solving this critical 
problem by creating a competition to find the answer paved the way to 
British naval superiority.
  Today, other Government sponsored prize competitions are driving 
technological breakthroughs and successes. For example, the DARPA Grand 
Challenge and Urban Challenge have stimulated tremendous advances in 
remotely-controlled vehicle technology.
  The Nanotechnology Innovation and Prize Competition Act is a vital 
tool to help ensure that public and private resources will be utilized 
in a coordinated way and will be devoted to solving the complex and 
pressing problems that America faces today. This bill will also spur 
technological investment and create jobs here at home. Through this 
prize competition, the government will be able to leverage its 
resources and focus the intellectual and economic capacity of our 
nation's best and brightest entrepreneurs on finding the big answers we 
need in the smallest of technologies--nanotechnology.
  The Nanotechnology Innovation and Prize Competition Act creates four 
priority areas for the establishment of prize competitions: green 
nanotechnology, alternative energy applications, improvements in human 
health, and the commercialization of consumer products. In each of 
these areas, nanotechnology holds the promise of tremendous 
breakthroughs if the necessary resources are devoted. This competition 
will make sure we get started as soon as possible on finding those 
breakthroughs. We all know that the

[[Page S3116]]

competitive spirit is one of the strengths of our country. This bill 
will ignite that spirit in nanotech.
  Again, I thank my colleague from Maine for her help and cooperation 
in introducing this bill. I also want to thank the Woodrow Wilson 
Center and the X-PRIZE Foundation for their work in helping to develop 
this bill. I look forward to working with the Commerce Committee, other 
members of the Congressional Nanotechnology Caucus, the Obama 
Administration, and the entire nanotech community to reauthorize the 
21st Century Nanotechnology Research and Development Act in the 111th 
Congress.
  I urge all my colleagues to support innovation and promote 
entrepreneurial competition by cosponsoring this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 596

       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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