[House Report 110-682]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-682

======================================================================



 
       NATIONAL NANOTECHNOLOGY INITIATIVE AMENDMENTS ACT OF 2008

                                _______
                                

  June 4, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Gordon of Tennessee, from the Committee on Science and Technology, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5940]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Science and Technology, to whom was referred 
the bill (H.R. 5940) to authorize activities for support of 
nanotechnology research and development, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
   I. Amendment.......................................................2
  II. Purpose of the Bill.............................................9
 III. Background and Need for the Legislation.........................9
  IV. Summary of Hearings............................................12
   V. Committee Actions..............................................14
  VI. Summary of Major Provisions of the Bill........................15
 VII. Section-by-Section Analysis (by Title and Section).............16
VIII. Committee Views................................................19
  IX. Cost Estimate..................................................26
   X. Congressional Budget Office Cost Estimate......................26
  XI. Compliance With Public Law 104-4...............................27
 XII. Committee Oversight Findings and Recommendations...............27
XIII. Statement on General Performance Goals and Objectives..........27
 XIV. Constitutional Authority Statement.............................27
  XV. Federal Advisory Committee Statement...........................27
 XVI. Congressional Accountability Act...............................27
XVII. Earmark Identification.........................................28
XVIII.Statement on Preemption of State, Local, or Tribal Law.........28

 XIX. Changes in Existing Law Made by the Bill, as Reported..........28
  XX. Committee Recommendations......................................34
 XXI. Proceedings of the Full Committee Markup.......................35

                              I. Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                        II. Purpose of the Bill

    The purpose of this bill is to improve the content and 
various aspects of the planning and coordination of the 
National Nanotechnology Initiative (NNI). This includes 
provisions to strengthen the planning and implementation of the 
environment, health, and safety research component of the NNI; 
to increase emphasis on nanomanufacturing research, technology 
transfer, and commercialization of research results flowing 
from the program; to create a new NNI component of focused, 
large-scale research and development projects in areas of 
national importance; and to enhance support for K-16 
nanotechnology-related education programs.

              III. Background and Need for the Legislation


     national nanotechnology initiative authorization and structure

    The Science and Technology Committee was instrumental in 
the development and enactment of the 21st Century 
Nanotechnology Research and Development Act of 2003 (P.L. 108-
153), which authorizes the interagency National Nanotechnology 
Initiative (NNI). The 2003 statute put in place formal 
interagency planning, budgeting, and coordinating mechanisms 
for NNI. The National Science and Technology Council, through 
the Nanoscale Science, Engineering, and Technology (NSET) 
Subcommittee, plans and coordinates the NNI, and the National 
Nanotechnology Coordination Office (NNCO) provides technical 
and administrative support to the NSET. There are currently 
twenty-six federal agencies that participate in the NNI, with 
13 of those agencies reporting a nanotechnology research and 
development budget. The total estimated NNI budget for fiscal 
year 2008 is $1.49 billion.
    P.L. 108-153 also provides for formal reviews of the 
content and management of the program by the National Academy 
of Sciences and by the NNI Advisory Panel, a statutorily 
created advisory committee of non-government experts. These 
reviews have found that the coordination and planning processes 
among the participating agencies in the NNI are largely 
effective. The NNI supports productive, cooperative research 
efforts across a spectrum of disciplines, and it is 
establishing a network of national facilities for support of 
nanoscale research and development.
    However, the formal reviews by external experts noted 
above, as well as the findings of the Committee's oversight 
hearings on the NNI, have identified aspects of the interagency 
program that could be strengthened and improved. These areas 
are environmental, health and safety research; technology 
transfer and the fostering of commercialization of research 
results; and educational activities.

                ENVIRONMENTAL, HEALTH, & SAFETY RESEARCH

    Nanotechnology is advancing rapidly, and according to the 
Woodrow Wilson International Center for Scholars, at least 600 
products that contain nanoscale materials have entered 
commerce, including aerosols and cosmetics. It is important for 
the successful development of nanotechnology that potential 
downsides of the technology be addressed from the beginning in 
a straightforward and open way because negative public 
perceptions about the safety of a technology can have serious 
consequences for its acceptance and use.
    The current level of scientific understanding is inadequate 
to pin down what types of engineered nanomaterials may be 
dangerous, although early studies show some are potentially 
harmful. At present the state of understanding is insufficient 
regarding which characteristics of these materials are most 
significant to determine their effects on living organisms and 
the environment. Also, the sensors and instruments for 
effectively monitoring the presence of such materials in air or 
water are not yet available.
    Although the NNI agencies have from the outset of the 
initiative included activities for increasing understanding of 
the environmental and safety aspects of nanotechnology, these 
agencies have not yet put in place a well designed, adequately 
funded, and effectively executed research program. In October 
2003, the NSET organized an interagency Nanotechnology 
Environmental and Health Implications (NEHI) Working Group to 
coordinate environmental and safety research carried out under 
the NNI. The NEHI Working Group has released three 
environmental, health, and safety (EHS) research planning 
documents, each successively more comprehensive. The most 
recent document, the Strategy for Nanotechnology-Related 
Environmental, Health, and Safety Research, was released in 
February 2008. This document provided a more in-depth 
assessment of current research needs and priorities; however, 
it failed to include a schedule and timelines for meeting 
objectives and the proposed funding levels, by topic and by 
agency.

                NANOMANUFACTURING AND COMMERCIALIZATION

    One of the core activities under the NNI specified by the 
2003 statute is, as stated in section 2(b)(7), ``accelerating 
the deployment and application of nanotechnology research and 
development in the private sector, including startup 
companies.'' The motivation for this provision was to help 
ensure that the United States successfully capitalizes on the 
commercial developments that will flow from the substantial 
investment in research on the frontiers of science and 
technology.
    The NNI agencies have so far invested approximately $7 
billion over seven years, mostly for support of basic research 
that is providing new tools for the manipulation of matter at 
the nanoscale and is increasing our understanding of the 
behavior of engineered nanoscale materials and devices. 
However, the investment in areas most closely related to 
commercialization of research results is receiving a fairly 
small proportion of these resources. The fiscal year 2008 
estimated budget for nanomanufacturing research (a component of 
the NNI that is closely tied to bridging the gap between 
research and the development of commercial applications) is 
$50.2 million, which is 3.3% of the total budget.
    P.L. 108-153 also specifically encourages the transfer of 
nanotechnology research results for the public benefit through 
support of nanotechnology related projects under the Small 
Business Innovation Research (SBIR) and Small Business 
Technology Transfer Research (STTR) programs. The total SBIR 
and STTR program spending in all technology areas in fiscal 
year 2006 was nearly $2.2 billion, and of that budget, only 
$79.7 million (3.7%) was identified as supporting 
nanotechnology related projects. The current allocation of 
funding raises the concern that the NNI does not provide 
sufficient resources for activities to foster the transfer of 
new discoveries to commercial products and processes.

                        NANOTECHNOLOGY EDUCATION

    The impact of nanotechnology on Americans' quality of life 
and economic prosperity could be enormous, and thus it is 
critical for the United States to stay at the forefront of 
scientific research and development in this field. This 
dictates the necessity of supporting educational activities 
that will cultivate students who are enthusiastic and able to 
pursue careers in all aspects of nanotechnology. The Nation 
needs a full pipeline of talented engineers, scientists and 
technicians, and a scientifically literate public, able to 
exploit and understand this new science.
    The NNI has from its beginnings supported education 
activities designed to teach K-16 students, science teachers, 
faculty members, and the general public about nanotechnology 
and to prepare undergraduate students for careers in 
nanotechnology fields or to pursue advanced degrees in the 
field. For example, the National Science Foundation (NSF) 
allocates NNI funds for education initiatives that include the 
National Center for Learning and Teaching in Nanoscale Science 
and Engineering and the Nanoscale Informal Science Education 
(NISE) Network, which is introducing nanotechnology to the 
public and drawing students to careers in nanotechnology 
fields.
    Nevertheless, the overall NNI investment in K-16, and 
informal, educational activities is small and principally 
provided by NSF. Because of the vital role nanotechnology will 
play in the future of science and technology, the NNI agencies 
should consider ways to improve the planning and coordination 
of the nanotechnology education component of the NNI and to 
expand the level of engagement by the agencies in sponsoring 
nanotechnology educational activities.

                        IV. Summary of Hearings

    On October 2, 2007, the Subcommittee on Research and 
Science Education held a hearing to review the educational 
activities being supported under the NNI. The Subcommittee 
heard testimony from Dr. David Ucko, Deputy Division Director 
of the Education and Human Resources Division on Research and 
Learning, National Science Foundation; Dr. Navida Ganguly, Head 
of the Science Department at Oak Ridge High School, Oak Ridge, 
Tennessee; Dr. Hamish Fraser, Ohio Regents Eminent Scholar and 
Professor, Department of Materials Science Engineering, the 
Ohio State University; Dr. Ray Vandiver, Vice President of New 
Project Development, Oregon Museum of Science and Industry; Mr. 
Sean Murdock, Executive Director, NanoBusiness Alliance; and 
Dr. Gerald Wheeler, Executive Director, National Science 
Teachers Association. The witnesses agreed that nanotechnology 
education is an important component of a strategy to capitalize 
on the promise of this advancing field. Several witnesses 
discussed the importance of early nanotechnology education, 
including informal education, for generating awareness, 
information and excitement about nanotechnology among young 
students and the general public. Witnesses were unanimous in 
expressing support for increasing formal education in 
nanotechnology beginning at the undergraduate level, including 
at 2-year colleges because of their important role in supplying 
much of the 21st Century skilled workforce. The representative 
from the National Science Foundation provided an overview of 
the many activities in formal and informal nanotechnology 
education at all levels now being supported by the agency's NNI 
program.
    On October 31, 2007, the Committee on Science and 
Technology held a hearing on research on environmental and 
safety impacts of nanotechnology, on the current status of 
planning and implementation of such research under the NNI, and 
on whether changes are needed to the current mechanisms for 
planning and implementation. Witnesses included Dr. Clayton 
Teague, Director of the National Nanotechnology Coordination 
Office (NNCO); Mr. Floyd Kvamme, Co-Chair of the President's 
Council of Advisors on Science and Technology (PCAST); Dr. 
Vicki L. Colvin, Executive Director, International Council on 
Nanotechnology and Professor of Chemistry and Chemical 
Engineering, Rice University; Dr. Andrew Maynard, Chief Science 
Advisor, Project on Emerging Nanotechnologies, Woodrow Wilson 
International Center for Scholars; Dr. Richard Denison, Senior 
Scientist, Environmental Defense; and Mr. Paul D. Ziegler, 
Chairman of the Nanotechnology Panel, American Chemistry 
Council, and Global Director of PPG Industries, Inc. The 
hearing highlighted the unanimous position by all witnesses 
regarding the importance of environmental, health and safety 
(EHS) research for the development of nanotechnology and the 
necessity of a well designed and adequately funded EHS research 
component of the NNI. However, there was concern that the 
interagency planning for and implementation of the EHS research 
component of NNI was not moving with the urgency it deserved. 
While the organizations responsible for development and 
implementation of the plan asserted that the current process is 
effective and that the participating agencies believe the 
process is working well, the non-governmental organizations 
supported recommendations for changes in the planning process 
as well as increases in the priority of EHS in the overall NNI 
basic research funding.
    On March 11, 2008, the Subcommittee on Research and Science 
Education held a hearing to review the transfer of NNI research 
outcomes for commercial and public benefit. Witnesses included 
Mr. Skip Rung, President and Executive Director, Oregon 
Nanoscience and Microtechnologies Institute (ONAMI); Dr. Julie 
Chen, Co-Director, Nanomanufacturing Center of Excellence, 
University of Massachusetts Lowell; Dr. Jeffrey Welser, 
Director, Nanoelectronics Research Initiative (NRI), on behalf 
of the Semiconductor Industry Association; Mr. William Moffitt, 
CEO, Nanosphere, Inc., on behalf of the NanoBusiness Alliance; 
and Dr. Mark Melliar-Smith, CEO, Molecular Imprints, Inc. The 
witnesses stressed the importance of basic research in 
nanomanufacturing and adequate funding for geographically 
diverse user facilities. The witnesses were clear that basic 
research funding should be broad to allow for new discoveries 
and pioneering research; however, they indicated that it would 
be wise to focus some funding and planning toward 
commercialization. They suggested that this might be 
accomplished through demonstration projects or by defining 
areas of global competitiveness. Many of the witnesses 
testified that the SBIR program and the Technology Innovation 
Program (TIP) of the National Institute of Standards and 
Technology (NIST) are very important for the development of 
innovative technologies and felt that the programs should 
emphasize funding for nanotechnology projects. It was also 
emphasized that green nanotechnology concepts and approaches 
are integrated with the basic research activities at the 
nanomanufacturing research centers.
    On April 16, 2008, the Committee on Science and Technology 
held a hearing to review draft legislation that proposed 
changes to various aspects of the planning and implementation 
mechanisms for and to the content of the NNI. Witnesses 
included Mr. Floyd E. Kvamme, Co-Chair, President's Council of 
Advisors on Science and Technology; Mr. Sean Murdock, Executive 
Director, NanoBusiness Alliance; Dr. Joseph Krajcik, Associate 
Dean for Research and Professor of Education, University of 
Michigan; Dr. Andrew Maynard, Chief Science Advisor, Project on 
Emerging Nanotechnologies, Woodrow Wilson International Center 
for Scholars; Dr. Raymond David, Manager of Toxicology, BASF 
Corporation, on behalf of the American Chemistry Council; and 
Dr. Robert R. Doering, Senior Fellow and Research Strategy 
Manager, Texas Instruments, on behalf of the Semiconductor 
Industry Association. Witnesses testified that EHS issues are 
fundamental to advancing nanotechnology, agreed that the NNI 
should focus considerable resources in this research area, and 
supported the legislation's requirement to expand the EHS 
strategy to include more detailed planning. But they were not 
in agreement on the need for a congressionally mandated minimum 
level of funding. Likewise, there was agreement on the 
importance of NNI support for efforts to foster 
commercialization of research results, and in particular, there 
was support for the provisions in the draft bill to encourage 
industry use of nanotechnology research facilities and for the 
emphasis on including more nanotechnology related projects in 
the funding portfolios of the SBIR and STTR programs, as well 
as the TIP. The provisions in the bill that encourage state and 
industry partnerships were lauded, particularly the education 
partnerships which require participation by industry.

                          V. Committee Actions

    On May 1, 2008, Representative Bart Gordon, Chairman of the 
Committee on Science and Technology, for himself, Mr. Hall, 
Ranking Member of the Committee on Science and Technology, Mr. 
Baird, Mr. Ehlers, Ms. Johnson (TX), Mr. Sensenbrenner, Mr. 
Udall (CO), Mr. Smith (TX), Mr. Wu, Mr. Bartlett, Mr. Miller 
(NC), Mr. Lucas, Mr. Lipinski, Mrs. Biggert, Ms. Giffords, Mr. 
Akin, Ms. Hooley, Mr. Neugebauer, Mr. Rothman, Mr. Inglis, Mr. 
Wilson (OH), Mr. McCaul, Mr. Mario Diaz-Balart (FL), Mr. 
Gingrey, and Mr. Bilbray introduced H.R. 5940, the National 
Nanotechnology Initiative Amendments Act, a bill to authorize 
activities for support of nanotechnology research and 
development, and for other purposes.
    The Committee on Science and Technology met on Wednesday, 
May 7, 2008, to consider the bill.
     An amendment was offered by Ms. Johnson requiring 
that at least one member of the NNI Advisory Panel be an 
individual employed by and representing a minority-serving 
institution. The amendment was adopted by a voice vote.
     An amendment was offered by Ms. Johnson requiring 
that informal, pre-college or undergraduate nanotechnology 
education activities under the NNI Education and Societal 
Dimensions program component area include education on 
environmental, health and safety, and other societal aspects of 
nanotechnology. The amendment was adopted by a voice vote.
     An amendment was offered by Mr. Baird requiring 
NNI supported nanotechnology research facilities to allow 
Internet access to instruments and equipment by secondary 
school teachers and students for educational purposes and to 
provide technical support for such use. The amendment was 
adopted by a voice vote.
     An amendment was offered by Mr. Baird requiring 
that the review of NNI supported nanotechnology facilities 
under section 6(c), both as part of the public meeting and the 
NNI Advisory Panel's assessment, include consideration of 
whether researchers at remote locations have adequate access to 
equipment and instruments at the facilities by means of 
networking technology and a cost estimate for supporting such 
remote access. The amendment was adopted by a voice vote.
    Mr. Hall moved that the Committee favorably report the 
bill, H.R. 5940, as amended, to the House with the 
recommendation that the bill, as amended, do pass, and that the 
staff be instructed to make technical and conforming changes to 
the bill, as amended, and prepare the legislative report and 
that the Chairman take all necessary steps to bring the bill 
before the House for consideration. The motion was agreed to by 
a voice vote.

              VI. Summary of Major Provisions of the Bill

     Requires the development of a strategic plan for 
the NNI which specifies the near-term and long-term objectives 
and the timeframe and metrics for achieving those objectives. 
The plan must also include a description of how the NNI will 
support technology transfer and interdisciplinary research and 
of proposed research in areas of national importance required 
under section 5(a).
     Requires the Director of the Office of Science and 
Technology Policy (OSTP) to designate an associate director as 
the Coordinator for Societal Dimensions with the responsibility 
for the oversight, planning, and budget for the EHS and 
ethical, legal and societal impact (ELSI) components of the 
NNI. The coordinator is required to convene a panel of 
representatives from agencies that fund research in EHS to 
develop a research plan for this component area that explicitly 
includes near-term and long-term objectives with milestones, 
the role of each agency in meeting those objectives, and the 
funding required by agency and by objective.
     Establishes Nanotechnology Education Partnerships 
as part of the NSF Math and Science Partnership program, 
requiring participation by nanotechnology industry partners, 
and authorizes activities to support nanotechnology 
undergraduate education.
     Authorizes and encourages access by industry to 
NNI nanotechnology facilities. Requires the agencies to 
publicize the availability of these facilities and provide 
descriptions of the capabilities of the facilities and the 
procedures and rules for their use, including criteria for 
access for cases in which full cost recovery is not required.
     Requires the NNI to support large-scale, multi-
agency funded research and development initiatives in 
application areas of national importance. Tasks the NNI 
Advisory Panel to recommend candidate topic areas and requires 
that these areas leverage federal investments through 
collaborations with state supported initiatives, when possible.
     Specifies that research in the nanomanufacturing 
component of NNI include research on development of tools for 
rapid characterization of nanoscale materials and on scaling up 
synthesis of materials to industrial production rates. Requires 
research on developing environmentally benign nanoscale 
products, fostering the transfer of the results of that 
research to industry, and providing education on the techniques 
and principles for development of these environmentally benign 
products and processes.
     Requires that the NNI Coordination Office sponsor 
a public meeting to review the research within the 
nanomanufacturing component of the NNI, assess the capabilities 
of NNI supported nanotechnology research facilities, and make 
recommendations on ways to strengthen the research portfolio 
and facilities. Tasks the NNI Advisory Panel to review the 
research under the nanomanufacturing component area and the 
capabilities of NNI sponsored nanotechnology research 
facilities and to report to Congress its findings and 
recommendations.

        VII. Section-by-Section Analysis (by Title and Section)


Sec. 1. Short title

    ``National Nanotechnology Initiative Amendments Act of 
2008.''

Sec. 2. National Nanotechnology Program amendments

     Modifies the NNI strategic plan to require 
specification of (1) both near- and long-term objectives, (2) 
the timeframe for achieving near term objectives, (3) the 
metrics for measuring progress toward objectives, and (4) 
multi-agency funded projects in areas of significant economic 
and societal impacts authorized under section 5.
     Requires agencies participating in the NNI to 
support the activities of committees involved in the 
development of standards for nanotechnology and authorizes 
reimbursement of travel expenses for scientists participating 
in such standards setting activities.
     Provides an explicit funding source for the 
National Nanotechnology Coordination Office (NNCO)--each 
participating agency provides funds in proportion to the 
agency's fraction of the overall NNI budget--and requires the 
NNCO to report annually on its current and future budget 
requirements, including funding needed to create and maintain 
new public databases (see following provision), to fulfill the 
public input and outreach requirements specified in P.L. 108-
153, and to support the National Academy of Sciences in 
carrying out its triennial reviews of the NNI.
     Requires the NNCO to (1) develop a public database 
for projects funded under the Environmental, Health and Safety 
(EHS), Education and Societal Dimensions, and Nanomanufacturing 
program component areas, with sub-breakouts for education, 
public outreach and ethical, legal and other societal issues 
projects; and (2) develop, maintain and publicize information 
about NNI supported (and may include State-supported) 
nanotechnology facilities available for use by academia and 
industry.
     Specifies that the NNI Advisory Panel must be a 
stand-alone advisory committee (at present the President's 
Council of Advisors on Science and Technology is assigned this 
role) and requires that at least one member be a representative 
of a minority-serving institution of higher education.
     Requires the NNI Advisory Panel to establish a 
subpanel with members having qualifications tailored to 
assessing the societal, ethical, legal, environmental, and 
workforce activities supported by the NNI.
     Revises the charge to the National Academy of 
Sciences' National Research Council (NRC) for the content and 
scope of the triennial reviews of the NNI, and provides 
explicit funding to the NNCO of $500,000 per year for FY 09-11 
for the NRC triennial reviews.

Sec. 3. Societal dimensions of nanotechnology

     Assigns responsibility to an OSTP associate 
director (to be determined by the OSTP Director) to fulfill the 
role of Coordinator for the societal dimensions component of 
NNI. The coordinator (1) is responsible for ensuring the 
strategic plan for EHS research is completed and implemented; 
(2) serves as the focal point for encouraging and advocating 
buy-in by the agencies, and monitoring their compliance in 
providing the resources and management attention necessary; and 
(3) is responsible for encouraging the agencies to explore 
suitable mechanisms for establishing public-private 
partnerships for support of EHS research.
     Requires the Coordinator to convene and chair a 
panel of representatives from agencies supporting research 
under the EHS program component area to develop, annually 
update, and coordinate the implementation of a research plan 
for this program component. The plan, which is to be appended 
to the statutorily required NNI annual report, must contain 
near and long-term research goals and milestones, include 
multiyear funding requirements by agency and by goal, and take 
into consideration the recommendations of the NNI Advisory 
Panel and the agencies responsible for environmental and safety 
regulations. The plan must include standards development 
activities related to nomenclature, standard reference 
materials, and testing methods and procedures.
     Establishes Nanotechnology Education Partnerships 
as part of the NSF Math and Science Partnership (MSP) program 
to recruit and help prepare secondary school students to pursue 
postsecondary education in nanotechnology. These partnerships 
are similar to other MSPs, but must include one or more 
businesses engaged in nanotechnology and focus the educational 
activities on curriculum development, teacher professional 
development, and student enrichment (including access by 
students to nanotechnology facilities and equipment) in areas 
related to nanotechnology.
     Requires the Program to include, within the 
Education and Societal Dimensions program component area, 
activities to support nanotechnology undergraduate education, 
including support for course development, faculty professional 
development, and acquisition of equipment and instrumentation. 
To carry out these activities, the bill authorizes an 
additional $5 million per year for FY 2009 and FY 2010 for the 
NSF Course, Curriculum, and Laboratory Improvement program 
(undergraduate STEM education program open to all institutions 
of higher education) and an additional $5 million per year for 
FY 2009 and FY 2010 for the NSF Advanced Technological 
Education program (open only to 2-year institutions).
     Requires formation of an Education Working Group 
to coordinate, prioritize, and plan the educational activities 
funded under the NNI.
     Requires that K-16 and informal science education 
activities sponsored by the NNI include education regarding 
environmental, health and safety, and other societal aspects of 
nanotechnology.
     Requires NNI supported nanotechnology facilities 
to allow, and support, remote access via the Internet to their 
instruments and equipment for educational purposes by secondary 
school students and teachers.

Sec. 4. Technology transfer

     Requires agencies supporting nanotechnology 
research facilities under the NNI to allow, and encourage, use 
of these facilities to assist companies in developing prototype 
products, devices, or processes for determining proof of 
concept. The agencies are required to publicize the 
availability of these facilities and provide descriptions of 
the capabilities of the facilities and the procedures and rules 
for their use. For cases in which full cost recovery for use of 
facilities is not required, the agencies must develop criteria 
for access, including the significance of the project for 
meeting national needs, readiness of the project for 
demonstration, and the prospects for commercial follow-on 
development of a successfully demonstrated concept.
     Requires agencies to encourage applications for 
support of nanotechnology projects under SBIR and STTR 
programs, requires publication of the plan to encourage this 
within six months, and requires a report that will track the 
success of the programs in attracting and supporting 
nanotechnology projects.
     Requires the National Institute of Standards and 
Technology to encourage submission of proposals under the 
Technology Innovation Program (TIP) for support of 
nanotechnology related projects and to report to Congress on 
how this is to be accomplished and on the outcome of the effort 
over time. Requires the TIP Advisory Board to provide advice to 
the program on ways to increase the number of nanotechnology 
related proposals and to assess the adequacy of funding 
provided for such proposals.
     Encourages the creation of industry liaison groups 
in all relevant industry sectors (four currently exist) to 
foster technology transfer and to help guide the NNI research 
agenda.
     Adds coordination and leveraging of federal 
investments with nanotechnology research, development, and 
technology transition initiatives supported by the States to 
the activities enumerated by P.L. 108-153 that are required to 
be carried out under the NNI.

Sec. 5. Research in areas of national importance

     Requires the NNI to include support for large-
scale research and development activities in application areas 
with potential for significant contributions to national 
economic competitiveness or other important societal benefits. 
The activities, which must involve collaborations among 
universities and industry (and federal laboratories and non-
profit research organizations, as appropriate), are to be 
designed to advance the development of promising nanotechnology 
research discoveries by demonstrating technical solutions to 
important problems in areas of national importance, such as 
nano-electronics, energy efficiency, health care, and water 
remediation.
     Requires that the competitive, merit based 
selection process for awards and the funding of these awards be 
carried out through a collaboration between at least two 
agencies, that the award selection process favorably consider 
the availability of cost sharing from non-federal sources, and 
that federal funds be leveraged by collaborations with relevant 
state initiatives.
     Specifies that research and development activities 
may be carried out through awards for support of 
interdisciplinary research centers, and all activities 
supported must include a plan for fostering the transfer of 
research discoveries and technology demonstration activities to 
industry for commercial development.
     Requires the NNI annual report to include a 
description of the activities supported in accordance with this 
section at the same level of budget detail as for NNI program 
component areas.

Sec. 6. Nanomanufacturing research

     Specifies inclusion of research under the 
Nanomanufacturing program component area to include projects to 
develop instrumentation/tools for rapid characterization and 
monitoring for nanoscale manufacturing and to develop 
techniques for scaling nanomaterial synthesis to industrial-
level production rates.
     Requires that centers established under the NNI 
that focus on nanomanufacturing and on applications in areas of 
national importance in accordance with section 5 include 
support for interdisciplinary research and education on methods 
and approaches to develop environmentally benign nanoscale 
products and nanoscale manufacturing processes. These centers 
must also develop their research and development agendas taking 
into consideration research findings and results from 
activities supported under the NNI's EHS program component area 
and must include activities to help transfer the results of the 
centers' research to industry.
     Requires a public meeting and subsequent review by 
the NNI Advisory Panel of the adequacy of (1) the funding level 
and the relevance to industry's needs of research under the 
Nanomanufacturing program component area and (2) the 
capabilities of nanotechnology facilities for meeting the needs 
of the nanotechnology research and development community, 
including access via electronic networks to the facilities by 
individuals at remote locations, and the funding required to 
support acquisition of instrumentation, equipment, and 
networking technology and facilities operations. The results of 
the review are to be submitted to Congress.

Sec. 7. Definitions

    Defines terms used in the text.

                         VIII. Committee Views


            ENVIRONMENTAL, HEALTH, AND SAFETY (EHS) RESEARCH

    The Committee believes that an effective environmental, 
health, and safety (EHS) research program is essential to 
ensure that science guides the formulation of regulatory rules 
and requirements that may be applied to nanotechnology 
applications. EHS research that is focused on the key issues 
will reduce the current uncertainty that inhibits commercial 
development of nanotechnology and will provide a sound basis 
for future rulemaking.
    Although the NNI has included EHS research activities from 
its inception, the Committee is concerned that the agencies 
involved have not yet put in place a well designed, adequately 
funded, and effectively executed EHS research program and have 
not yet completed the development of a comprehensive EHS 
research plan and implementation strategy to carry out the 
plan. The latest version of the NNI's EHS research plan, 
``Strategy for Nanotechnology-Related Environmental, Health, 
and Safety Research,'' demonstrates progress, but still does 
not identify the priorities among the research objectives that 
are described, does not assign funding targets needed to reach 
the objectives, and does not indicate the allocation of 
resources among the agencies identified as working to achieve 
the objectives.
    Consequently, the Committee has charged the agencies 
involved in supporting EHS research to develop and annually 
update an EHS research plan that: Specifies both near-term and 
long-term research objectives; indicates the path for achieving 
the near-term objectives, including estimated time and 
resources needed; and specifies which agencies will participate 
in working toward meeting which objectives, including estimates 
of current and outyear funding required. In developing the 
plan, the Committee expects the agencies to be responsive to 
recommendations of the NNI Advisory Panel and of the NRC 
triennial NNI review reports and to include representation in 
all planning activities by representatives of agencies, whether 
they sponsor research under the NNI or not, that are 
responsible for EHS regulations associated with production, use 
or disposal of nanoscale materials or products. The Committee 
emphasizes the particular importance of identifying and 
prioritizing the near-term EHS research objectives and 
supporting research projects clearly relevant to achieving 
those objectives.
    The Committee applauds the recent funding increases for the 
EHS research component of the NNI, and the Committee strongly 
encourages continued emphasis and funding growth because of 
concerns that the level of resources currently allocated for 
this research is inadequate. Some witness testimony from 
hearings before the Committee recommended that the EHS research 
funding target should be on the order of ten percent of the 
overall NNI budget. The Committee has not specified an EHS 
research funding level in the bill but expects the appropriate 
funding level to be determined through the process of 
developing the EHS research plan. The Committee also expects 
the NNI Advisory Panel and the NRC triennial reviews to provide 
guidance to the NNI agencies on funding requirements as part of 
their assessments of the EHS research plan.
    The Committee emphasizes that the plan must be designed to 
assist in the development of nanotechnology standards for 
terminology, reference materials, and testing procedures, but 
does not intend to bypass or alter the usual consensus-based, 
voluntary standards setting process. The Committee expects the 
EHS research plan to be coordinated with related international 
research efforts to avoid duplication of effort and to take 
advantage of opportunities to leverage resources.

         COORDINATOR FOR SOCIETAL DIMENSIONS OF NANOTECHNOLOGY

    The Committee has created the position of Coordinator for 
Societal Dimensions of Nanotechnology in order to assign to a 
high-level position within the Administration the 
responsibility to ensure that the ethical, legal, 
environmental, and other appropriate societal concerns are 
considered during the development of nanotechnology, as 
required by section 2(b)(10) of the 21st Century Nanotechnology 
Research and Development Act (P.L. 108-153). These 
responsibilities of the Coordinator extend to all relevant 
program component areas, including EHS and Education and 
Societal Dimensions. The Committee expects the Coordinator to 
serve as the principal advocate for the activities carried out 
under these program component areas and to work with senior 
officials in the NNI agencies to ensure that the agencies 
provide the resources needed to develop and carry out the EHS 
research plan and also to support a vigorous, coordinated 
research program on ethical, legal, and other societal impacts 
of nanotechnology.
    One of the responsibilities of the Coordinator is to 
encourage and work with the agencies involved in the EHS 
program component area to explore ways to engage private sector 
support for EHS research through creation of appropriate 
public-private partnerships. The Committee anticipates that the 
characteristics of such partnerships (1) will include 
mechanisms for incorporating public input into the research 
agenda of the partnership and for public access to all research 
results; and (2) will ensure that the selection, direction and 
evaluation of research supported will be science-based, fully 
independent of the private sector sponsors of the research, and 
open to public scrutiny.

                RESEARCH IN AREAS OF NATIONAL IMPORTANCE

    The Committee intends that the NNI agencies identify a few 
focused research and development areas that have particular 
potential to provide significant societal payoffs. The areas 
selected could be ones for which there is an expectation that a 
technology application can be achieved in the relatively near-
term, or they could be more speculative and risky ones that are 
mainly in the realm of basic research but offer substantial 
payoffs that justify the investment and risk.
    The NNI agencies are responsible for selecting the research 
areas to pursue, with advice from the NNI Advisory Panel. The 
Committee intends that the areas selected have relevance to the 
mission responsibilities of more than one agency so that the 
level of resources provided will enable multiple projects and a 
variety of modes of research to be supported, including 
multiple investigator awards and interdisciplinary research 
centers. The Committee encourages the agencies to support 
research activities that are informed by EHS and other societal 
considerations in order to help guide technology developments 
in environmentally benign directions, to avoid health risks, 
and to ensure the technology provides balanced benefits to 
society overall.
    The Committee intends that the agencies treat planning and 
reporting on research areas under section 5 in the same way as 
for NNI program component areas. The NNI strategic plan is 
required to include a description of research areas to be 
addressed in accordance with section 5.
    The Committee has not designated particular research areas 
that must be selected, but encourages the NNI agencies to 
consider current multi-agency research activities related to 
nano-electronics as providing the core for a more extensive 
effort that could be carried out under the authority of section 
5. In addition, developing focused research efforts in areas 
related to energy conservation and green energy generation 
should be given careful consideration when preparing the NNI 
strategic plan and, in particular, when formulating research 
plans in accordance with section 5.

              NATIONAL NANOTECHNOLOGY COORDINATION OFFICE

    The National Nanotechnology Coordination Office (NNCO) has 
been assigned several specific tasks in addition to its basic 
responsibilities for staffing the interagency coordination and 
planning process for the NNI under the NSET Subcommittee of the 
National Science and Technology Council. The Committee expects 
that the annual NNCO budget required by section 3(b) of P.L. 
108-153, as amended by this bill, will include the funding 
needed to develop and maintain the public databases of 
information of funded projects and information on 
nanotechnology facilities in accordance with section 3(d) of 
P.L. 108-153, as amended; to support the triennial reviews of 
NNI by the National Research Council; and to support the public 
input and outreach activities required under section 
2(b)(10)(D) of P.L. 108-153.
    The Committee expects the database of information on funded 
research projects, as required under section 3(d)(1), to 
provide sufficient information to allow assessment of the 
relevance of each project to the research objective with which 
it is grouped and to include the funding of the project, by 
year, from its inception to the current fiscal year.
    For the information on nanotechnology facilities under 
section 3(d)(2), the Committee expects the NNCO to publicize 
the information widely through such means as industry group 
notifications, announcements and materials distribution at 
relevant scientific conferences and workshops, and partnering 
with agency notification of programs, such as the SBIR. The 
Committee's intention is that the NNCO use this publicity to 
encourage use of NNI nanotechnology facilities by industry to 
promote technology transfer and commercialization of research 
results. The Committee emphasizes that the inclusion of 
information on State-funded nanotechnology facilities in the 
compilation of public information is voluntary on the part of 
the State-funded facilities. Also, the NNCO is not required to 
solicit information about such facilities but should include 
any information in the compilation that is provided voluntarily 
by a State-funded facility. The Committee encourages the NNCO 
to establish procedures for such voluntary submissions, 
including appropriate formats, and to include this information 
on the NNCO website.
    The Committee reminds the NNCO Director that P.L. 108-153 
requires that public input and outreach with regard to the 
societal implications of nanotechnology ``be integrated into 
the Program by the convening of regular and ongoing public 
discussions . . .'' and that the NNCO is responsible for 
convening such discussions. The Committee believes that the 
future acceptance of the technology will be determined by 
public attitudes and that it is necessary to seek broad public 
input to the process for determining NNI research and 
development objectives. The Committee expects the NNCO to carry 
out its responsibilities with regard to section 2(b)(10)(D) of 
P.L. 108-153 and requests that the NNCO Director provide a 
report to Congress by September 30, 2008 describing the actions 
the NNCO has taken to meet this requirement during the current 
and previous two fiscal years.

                           TRIENNIAL REVIEWS

    Provision is made under P.L. 108-153 for the National 
Research Council to carry out reviews of the NNI at 3-year 
intervals. The bill amends this provision to clarify and reduce 
the number of subject areas to be addressed in each review. The 
Committee emphasizes that each of the items specified in 
section 5(a)(1) through (4) of P.L. 108-153, as amended by this 
bill, should be covered in each review.
    The Committee intends that in addressing item 5(a)(1) the 
NRC include an assessment of the priorities and technical 
content of research in areas of national importance authorized 
under section 5 of the bill. Also, the Committee expects the 
NRC, in addressing item 5(a)(4), to provide an assessment of 
(1) the EHS research plan and a determination of whether the 
EHS research projects in the NNCO database are consistent with 
the objectives and priorities of the EHS research plan; and (2) 
the effectiveness of the NNI in seeking and obtaining public 
input to the planning and prioritization process for all 
activities supported in accordance with section 2(b)(10) of 
P.L. 108-153.

                           NNI ADVISORY PANEL

    An NNI Advisory Panel was established by P.L. 108-153 to 
review, assess and make recommendations regarding the 
administration, priorities, and content of the NNI. This 
function was assigned by the President to the President's 
Council of Advisors on Science and Technology (PCAST). The 
Committee believes the responsibilities assigned to the NNI 
Advisory Panel by P.L. 108-153 are such that a high-level 
advisory committee with the broad policy role of PCAST cannot 
adequately provide the degree of attention and focused 
expertise required for detailed assessments of the functioning 
and programmatic content of the NNI. Consequently, the 
Committee has specified that the NNI Advisory Panel be a 
separate and distinct entity with membership composed of 
subject matter experts with collective expertise spanning the 
full range of activities authorized under the NNI. The NNI 
Advisory Panel should have no responsibilities regarding 
matters not related to the NNI.
    The Committee expects the NNI Advisory Panel to provide 
recommendations on the content of the NNI strategic plan and 
the EHS research plan and to make recommendations for areas of 
research to be pursued by the NNI in accordance with section 5 
of the bill. The Committee has specified that the NNI Advisory 
Panel include a subpanel with members having specific expertise 
necessary to assess and provide guidance on all aspects of the 
ethical, legal, environmental, and other societal concerns 
required to be addressed under the NNI in accordance with 
section 2(b)(10) of P.L. 108-153. The Committee expects that 
members of this subpanel will include representation from 
relevant non-profit public interest groups. In addition, the 
Committee encourages the Advisory Panel to consult with subject 
matter experts in instances when sufficient expertise does not 
exist on the Panel and to convene public meetings to gather 
information from all communities of interest regarding 
nanotechnology to assist it in its assessments of the 
priorities and content of the NNI.
    The Committee expects that PCAST, while no longer the 
designated Advisory Panel for the NNI, will continue to provide 
advice on the NNI in its advisory role to the President on 
national technology issues, scientific research priorities, and 
math and science education.

                       NANOTECHNOLOGY FACILITIES

    Section 4(a) of the bill requires agencies that support 
nanotechnology facilities under the NNI to provide access to 
these facilities for companies to carry out development of 
prototype products, devices or processes in order to help 
establish proof of concept and thereby assist the companies in 
attracting support for commercial development of the product, 
device or process from private sector sources. Agencies 
operating nanotechnology facilities are charged to publicize 
the availability of their facilities and to ensure that the 
NNCO is provided with up to date information on the terms and 
conditions for use of the facilities, the capabilities of 
instruments and equipment available, and the availability of 
technical support for users. For cases when companies reimburse 
the costs for the use of facilities, the Committee intends that 
``costs'' means the direct costs associated with a project, 
such as costs of operation of equipment, labor costs directly 
applicable to use of instruments and equipment, supplies and 
materials, but does not include reimbursement of overhead 
costs.
    The Committee emphasizes that the requirements of section 
4(a) of the bill apply only to the use of NNI nanotechnology 
facilities for the purpose specified in that section. This 
provision does not change the conditions or policies now in 
place that are applicable to other uses of the NNI 
nanotechnology facilities by researchers from academia, 
industry or government agencies.
    In section 6(c) of the bill, the NNCO is required to 
organize a public meeting to gain advice from the public on the 
adequacy of NNI-supported nanotechnology research facilities. 
The NNI Advisory Panel is subsequently required to carry out 
its own review, taking into consideration the findings of the 
public meeting, of whether such facilities are adequate and to 
provide an estimate of the resources needed for instrumentation 
and equipment acquisition, operation and maintenance. The 
Committee believes that the NNI should make the investments 
needed to ensure that the NNI supported facilities meet current 
requirements and that future needs are assessed and adequate 
resource allocations made to ensure that these facilities can 
satisfy current and future requirements, including provision 
for access and use of the facilities by individuals at remote 
locations.

       NANOTECHNOLOGY RESEARCH CENTERS AND STATE-BASED ACTIVITIES

    The Committee commends the groundbreaking work of the NNI's 
interdisciplinary nanotechnology research centers, which were 
established in accordance with section 2(b)(4) of P.L. 108-153. 
The Committee believes they are placing significant focus in 
areas critically important to the United States. The Committee 
strongly supports continued investment in these centers, 
encourages expansion of their efforts in areas of national 
importance, and supports the creation of new centers in the 
future, as necessary to meet future research requirements.
    The Committee further recognizes the state-of-the-art work 
being conducted nationally by cutting-edge research 
universities, pioneering national laboratories, and innovative 
businesses. These efforts are vital to economic development and 
essential to the creation of innovative jobs that are 
increasing the competitiveness of the United States. The 
Committee strongly encourages increased investment in this work 
and recommends more federal investments in these groundbreaking 
activities.

                        NANOTECHNOLOGY EDUCATION

    The Committee strongly supports activities under the NNI 
related to nanotechnology education in formal and informal 
settings, as well as activities to advance public understanding 
of nanotechnology, such as the NISE Network. The Committee 
encourages all the NNI agencies to consider ways they could 
contribute to the education portfolio of the Education and 
Societal Dimensions program component area. The Committee 
specifically included the requirement for allowing remote 
access via the Internet to NNI supported facilities by 
secondary school students and teachers as a way to expand the 
use of the existing research infrastructure for educational 
purposes. The Committee encourages other initiatives by the 
agencies to incorporate education activities as part of their 
sponsored research activities.
    The Committee also encourages the NNI agencies to carry out 
a more closely coordinated and effectively planned and 
prioritized nanotechnology education effort under the NNI, and 
to that end, put in place the requirement in the bill for the 
establishment of an Education Working Group under the 
Nanoscale, Science, Engineering, and Technology Subcommittee.
    The Committee believes that nanotechnology education 
activities should encompass all aspects of nanotechnology. In 
addition to topics related to the unique properties and 
characteristics of matter at the nanoscale, the Committee 
expects nanotechnology education activities to include the 
implications of the technology with regard to environmental, 
health, safety, and other societal impacts. For example, 
educational programs that address nanotechnology implications 
in areas of societal impacts should encompass green 
nanotechnology since the concepts and approaches of green 
nanotechnology will lead to technology applications that are 
environmentally benign and safe.

                     MATH AND SCIENCE PARTNERSHIPS

    Section 3(c) of the bill establishes Nanotechnology 
Education Partnerships as part of the National Science 
Foundation (NSF) Math and Science Partnership (MSP) program to 
recruit and help prepare secondary school students to pursue 
postsecondary education in nanotechnology. These partnerships 
differ from existing MSPs by specifying that they must include 
one or more businesses engaged in the production of nanoscale 
materials. By means of this requirement, the Committee intends 
to foster strong involvement in the partnerships from the 
nanotechnology industry. The Committee encourages these 
industry partners to supply hands-on experiences for teachers 
and students with equipment and facilities and to provide other 
contributions, such as providing teacher internships, 
sponsoring workshops, and making product or equipment donations 
to schools. The Committee expects that NSF, when making awards, 
will take into consideration the extent and nature of the 
involvement proposed by industry partners.

                           NNI STRATEGIC PLAN

    The Committee modified the provision in P.L. 108-153 that 
requires the development of an NNI strategic plan in order to 
make the plan a more useful guide to program priorities and 
anticipated time scales for reaching program objectives. In 
particular, the Committee expects the plan to be a succinct 
document that clearly indicates the near-term and long-term 
objectives of the NNI and groups them by program component 
area. The Committee recommends that the near-term objectives 
correspond to the three year period between updates to the plan 
and that the plan explain how these near-term objectives will 
be met, including expected milestones and metrics for the 
assessment of progress.

                           IX. Cost Estimate

    A cost estimate and comparison prepared by the Director of 
the Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974 has been timely submitted to 
the Committee on Science and Technology prior to the filing of 
this report and is included in Section X of this report 
pursuant to House Rule XIII, clause 3(c)(3).
    H.R. 5940 does not contain new budget authority, credit 
authority, or changes in revenues or tax expenditures.

              X. Congressional Budget Office Cost Estimate


H.R. 5940--National Nanotechnology Initiative Amendments Act of 2008

    H.R. 5940 would modify certain research guidelines and 
educational activities and provide for more oversight of the 
National Nanotechnology Initiative (NNI), an interagency 
program under the Office of Science and Technology Policy 
(OSTP) devoted to advancing nanotechnology. (Nanotechnology 
refers to a field of applied science focusing on the control of 
matter on the atomic and molecular scale, generally 100 
nanometers or smaller, and the fabrication of materials that 
lie within that size range.) CBO estimates that implementing 
H.R. 5940 would cost about $5 million over the 2009-2013 
period. Enacting H.R. 5940 would not affect direct spending or 
revenues.
    H.R. 5940 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    Currently, 13 federal agencies participate in the NNI, with 
a total budget of about $1.5 billion in 2008. Generally, H.R. 
5940 would modify research guidelines and provide for more 
oversight of certain NNI research programs, including the 
Environmental, Health, and Safety (EHS) and Societal Dimensions 
programs, which are dedicated to understanding the effects of 
nanomaterials on public health and safety. The bill also would 
increase the emphasis on education programs for nanotechnology, 
nanomanufacturing, and large-scale research in certain areas.
    H.R. 5940 would authorize new activities for the National 
Nanotechnology Coordinating Office, which provides technical 
and administrative support for the NNI. Those activities would 
include developing a public database listing projects funded 
under the EHS, Societal Dimensions, and nanomanufacturing 
program areas, and publicizing information on nanotechnology 
facilities available for use by academia and industry. CBO 
estimates that implementing those activities would cost about 
$3 million over the 2009-2013 period.
    Based on the cost of similar activities, CBO estimates that 
other activities required by the bill would cost about $2 
million over the 2009-2013 period. Those activities include:
           Establishing a stand-alone NNI Advisory 
        Panel and modifying NNI reporting requirements;
           Conducting a public meeting and subsequent 
        review by the NNI Advisory Panel addressing the NNI's 
        nanomanufacturing program; and
           Offering access to federal nanotechnology 
        research facilities and encouraging small businesses to 
        submit nanotechnology-related proposals under certain 
        federal grant programs.
    The CBO staff contact for this estimate is Leigh Angres. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

        XI. Compliance With Public Law 104-4 (Unfunded Mandates)

    H.R. 5940 contains no unfunded mandates.

         XII. Committee Oversight Findings and Recommendations

    The Committee on Science and Technology's oversight 
findings and recommendations are reflected in the body of this 
report.

      XIII. Statement on General Performance Goals and Objectives

    Pursuant to clause 3(c) of House Rule XIII, the goals of 
H.R. 5940 are to require the timely development of a strategic 
plan for the NNI and an implementation plan for the 
environmental and safety research component of the NNI; require 
the Director of OSTP to designate an associate director as the 
Coordinator for Societal Dimensions; establish Nanotechnology 
Education Partnerships as part of the NSF Math and Science 
Partnership program; authorize and encourage access by industry 
to NNI nanotechnology research facilities; require the NNI to 
support research and development in application areas of 
national importance; specify research objectives in the 
nanomanufacturing component of NNI; require that the NNI 
Coordination Office sponsor a public meeting to review the 
research within the nanomanufacturing component area and 
require the NNI Advisory Panel to review the research under the 
nanomanufacturing component area and facility capabilities and 
report findings and recommendations to Congress.

                XIV. Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 5940.

                XV. Federal Advisory Committee Statement

    H.R. 5940 does not establish nor authorize the 
establishment of any new advisory committee, but modifies the 
membership of an existing advisory committee.

                 XVI. Congressional Accountability Act

    The Committee finds that H.R. 5940 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

                      XVII. Earmark Identification

    H.R. 5940 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI.

     XVIII. Statement on Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any state, local, or 
tribal law.

       XIX. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

        21ST CENTURY NANOTECHNOLOGY RESEARCH AND DEVELOPMENT ACT




           *       *       *       *       *       *       *
SEC. 2. NATIONAL NANOTECHNOLOGY PROGRAM.

  (a) * * *
  (b) Program Activities.--The activities of the Program shall 
include--
          (1) * * *

           *       *       *       *       *       *       *

          [(5) ensuring United States global leadership in the 
        development and application of nanotechnology;]
          (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;

           *       *       *       *       *       *       *

  (c) Program Management.--The National Science and Technology 
Council shall oversee the planning, management, and 
coordination of the Program. The Council, itself or through an 
appropriate subgroup it designates or establishes, shall--
          (1) * * *

           *       *       *       *       *       *       *

          [(4) develop, within 12 months after the date of 
        enactment of this Act, and update every 3 years 
        thereafter, a strategic plan to guide the activities 
        described under subsection (b), meet the goals, 
        priorities, and anticipated outcomes of the 
        participating agencies, and describe--
                  [(A) how the Program will move results out of 
                the laboratory and into application for the 
                benefit of society;
                  [(B) the Program's support for long-term 
                funding for interdisciplinary research and 
                development in nanotechnology; and
                  [(C) the allocation of funding for 
                interagency nanotechnology projects;]
          (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;

           *       *       *       *       *       *       *

  (d) Annual Report.--The Council shall prepare an annual 
report, to be submitted to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives 
Committee on Science, and other appropriate committees, at the 
time of the President's budget request to Congress, that 
includes--
          (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);
          [(1)] (2) the Program budget, for the current 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);
          [(2)] (3) the proposed Program budget for the next 
        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);
          [(3)] (4) an analysis of the progress made toward 
        achieving the goals and priorities established for the 
        Program;
          [(4)] (5) an analysis of the extent to which the 
        Program has incorporated the recommendations of the 
        Advisory Panel; and
          [(5)] (6) an assessment of how Federal agencies are 
        implementing the plan described in subsection (c)(7), 
        and a description of the amount of Small Business 
        Innovative Research and Small Business Technology 
        Transfer Research funds supporting the plan.
  (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.

SEC. 3. PROGRAM COORDINATION.

  (a) * * *
  [(b) Funding.--The National Nanotechnology Coordination 
Office shall be funded through interagency funding in 
accordance with section 631 of Public Law 108-7.]
  (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.

           *       *       *       *       *       *       *

  (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.

SEC. 4. ADVISORY PANEL.

  (a) In General.--The President shall establish [or designate] 
a National Nanotechnology Advisory Panel as a distinct entity. 
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).
  (b) Qualifications.--The Advisory Panel established [or 
designated] by the President under subsection (a) shall consist 
primarily of members from academic institutions and industry. 
Members of the Advisory Panel shall be qualified to provide 
advice and information on nanotechnology research, development, 
demonstrations, education, technology transfer, commercial 
application, or societal and ethical concerns. In selecting [or 
designating] an Advisory Panel, the President may also seek and 
give consideration to recommendations from the Congress, 
industry, the scientific community (including the National 
Academy of Sciences, scientific professional societies, and 
academia), the defense community, State and local governments, 
regional nanotechnology programs, and other appropriate 
organizations. At least one member of the Advisory Panel shall 
be an individual employed by and representing a minority-
serving institution.

           *       *       *       *       *       *       *


[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 evaluation of the Program, including--
          [(1) an evaluation of the technical accomplishments 
        of the Program, including a review of whether the 
        Program has achieved the goals under the metrics 
        established by the Council;
          [(2) a review of the Program's management and 
        coordination across agencies and disciplines;
          [(3) a review of the funding levels at each agency 
        for the Program's activities and the ability of each 
        agency to achieve the Program's stated goals with that 
        funding;
          [(4) an evaluation of the Program's success in 
        transferring technology to the private sector;
          [(5) an evaluation of whether the Program has been 
        successful in fostering interdisciplinary research and 
        development;
          [(6) an evaluation of the extent to which the Program 
        has adequately considered ethical, legal, 
        environmental, and other appropriate societal concerns;
          [(7) recommendations for new or revised Program 
        goals;
          [(8) recommendations for new research areas, 
        partnerships, coordination and management mechanisms, 
        or programs to be established to achieve the Program's 
        stated goals;
          [(9) recommendations on policy, program, and budget 
        changes with respect to nanotechnology research and 
        development activities;
          [(10) recommendations for improved metrics to 
        evaluate the success of the Program in accomplishing 
        its stated goals;
          [(11) a review of the performance of the National 
        Nanotechnology Coordination Office and its efforts to 
        promote access to and early application of the 
        technologies, innovations, and expertise derived from 
        Program activities to agency missions and systems 
        across the Federal Government and to United States 
        industry;
          [(12) an analysis of the relative position of the 
        United States compared to other nations with respect to 
        nanotechnology research and development, including the 
        identification of any critical research areas where the 
        United States should be the world leader to best 
        achieve the goals of the Program; and
          [(13) an analysis of the current impact of 
        nanotechnology on the United States economy and 
        recommendations for increasing its future impact.
  [(b) Study on Molecular Self-Assembly.--As part of the first 
triennial review conducted in accordance with subsection (a), 
the National Research Council shall conduct a one-time study to 
determine the technical feasibility of molecular self-assembly 
for the manufacture of materials and devices at the molecular 
scale.
  [(c) Study on the Responsible Development of 
Nanotechnology.--As part of the first triennial review 
conducted in accordance with subsection (a), the National 
Research Council shall conduct a one-time study to assess the 
need for standards, guidelines, or strategies for ensuring the 
responsible development of nanotechnology, including, but not 
limited to--
          [(1) self-replicating nanoscale machines or devices;
          [(2) the release of such machines in natural 
        environments;
          [(3) encryption;
          [(4) the development of defensive technologies;
          [(5) the use of nanotechnology in the enhancement of 
        human intelligence; and
          [(6) the use of nanotechnology in developing 
        artificial intelligence.
  [(d) Evaluation To Be Transmitted to Congress.--The Director 
of the National Nanotechnology Coordination Office shall 
transmit the results of any evaluation for which it made 
arrangements under subsection (a) to the Advisory Panel, the 
Senate Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Science upon receipt. 
The first such evaluation shall be transmitted no later than 
June 10, 2005, with subsequent evaluations transmitted to the 
Committees every 3 years thereafter.]

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.

           *       *       *       *       *       *       *


SEC. 10. DEFINITIONS.

  In this Act:
          (1) * * *
          [(2) Nanotechnology.--The term ``nanotechnology'' 
        means the science and technology that will enable one 
        to understand, measure, manipulate, and manufacture at 
        the atomic, molecular, and supramolecular levels, aimed 
        at creating materials, devices, and systems with 
        fundamentally new molecular organization, properties, 
        and functions.]
          (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.

           *       *       *       *       *       *       *

          (7) Nanoscale.--The term ``nanoscale'' means one or 
        more dimensions of between approximately 1 and 100 
        nanometers.

                     XX. Committee Recommendations

    On May 7, 2008, the Committee on Science and Technology 
favorably reported H.R. 5940, the National Nanotechnology 
Initiative Amendments Act of 2008, by voice vote, and 
recommended its enactment.


 XXI. PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 5940, NATIONAL 
            NANOTECHNOLOGY INITIATIVE AMENDMENTS ACT OF 2008

                              ----------                              


                         WEDNESDAY, MAY 7, 2008

                  House of Representatives,
                       Committee on Science and Technology,
                                                    Washington, DC.

    The Committee met, pursuant to call, at 12:20 p.m., in Room 
2318 of the Rayburn House Office Building, Hon. Bart Gordon 
[Chairman of the Committee] presiding.
    Chairman Gordon. The Committee will come to order. Pursuant 
to notice the Committee on Science and Technology meets to 
consider the following measure: H.R. 5940, the National 
Nanotechnology Initiative Amendments Act of 2008.
    We will now proceed with the markup. H.R. 5940 is a 
bipartisan bill which I and Ranking Member Hall jointly 
introduced, along with 23 additional Democratic and Republican 
Members of the Committee.
    I want to thank Ranking Member Hall for working with me in 
a cooperative way to develop this legislation and to bring it 
before the Committee today.
    This committee was instrumental in establishing the 
National Nanotechnology Initiative, or the NNI as it is usually 
called, through the enactment of the 21st Century 
Nanotechnology Research and Development Act of 2003.
    H.R. 5940 amends the statute based on findings and 
recommendations from the four hearings during the current 
Congress that examined various aspects of the NNI.
    The bill also reflects recommendations from formal reviews 
of the NNI by the National Academy of Sciences and the NNI 
Advisory Panel. And finally, we circulated the draft bill 
widely to the various communities of interest and have 
incorporated many of the suggestions we received.
    H.R. 5940 does not substantially alter the NNI but makes 
adjustments to some of the priorities of the program and 
strengthens one of the core components, environmental and 
safety research.
    With regard to risk reduction research, a key provision of 
the bill is to require that the NNI develop a plan for the 
environmental, health, and safety research component and a 
roadmap for implementing it, which includes explicit near-term 
and long-term goals and the funding required by goal and by 
agency.
    The bill also assigns responsibility to a senior official 
at the Office of Science and Technology Policy to oversee this 
planning and implementation process.
    And, finally, the bill requires accountability by 
establishing a publicly accessible database containing 
information on the content and funding of each environmental, 
health, and safety research project supported.
    Another important area addressed by the legislative action 
or legislation involves ways to capture the economic benefits 
of nanotechnology.
    We need to ensure that this nation successfully capitalizes 
on commercial developments that will flow from the new 
discoveries resulting from our substantial investment in 
research.
    It is now time to give increased consideration to 
rebalancing NNI investments toward activities to foster the 
transfer of new discoveries of commercial products and 
processes.
    To that end, H.R. 5940 specifies steps for increasing the 
number of nanotechnology-related projects supported under the 
Small Business Innovation Research Program and by the 
Technology Innovation Program, established under the COMPETES 
Act.
    It includes provisions to encourage and expand the use of 
nanotechnology facilities by companies for prototyping and 
proof of concept studies.
    Also, the bill authorizes large-scale, focused, multi-
agency research and development initiatives in areas of 
national need. For example, these efforts could explore 
development of nanotechnology-based devices for harvesting 
solar energy more cheaply, or perhaps nanoscale sensors for 
detecting cancer and drug delivery devices for treating the 
disease.
    And finally, I want to highlight some provisions of the 
bill that address another key issue, future STEM workforce 
needs. One provision builds on the NSF Math and Science 
Partnership Program to use nanotechnology education activities 
as a vehicle to raise the interest of secondary school students 
in possible STEM careers.
    The key component of these new partnerships is involvement 
by nanotechnology companies in offering hands-on learning 
opportunities at their facilities for students and teachers.
    Another education provision supports the development of 
undergraduate courses of study in nanotechnology fields to help 
prepare future technicians, scientists, and engineers, who will 
be needed to meet the demands of industry as nanotechnology 
commercialization continues to expand.
    H.R. 5940 is an excellent, bipartisan bill that will 
improve and strengthen the NNI and thereby, keep the United 
States at the forefront of nanotechnology. To date, we have 
received letters of support for the bill from the Semiconductor 
Industry Association, the NanoBusiness Alliance, the American 
Chemical Society, and the National Science Teachers 
Association.
    I urge my colleagues to support H.R. 5940 and to continue 
to work with me to ensure passage by the House and final 
enactment during this Congress.
    I now recognize Mr. Hall to present his opening statement.
    Mr. Hall. Mr. Chairman, I thank you for your statement, and 
I, of course, was pleased to co-sponsor the 21st Century 
Nanotechnology Research and Development Act with you, and I am 
pleased to join you as an original co-sponsor of its 
reauthorization, which is before us today.
    We are using nanotechnology to help create clean, secure, 
affordable energy, medical devices and drugs, sensors to detect 
and identify harmful chemical and biological agents, low-cost 
filters to provide clean drinking water, and techniques to 
clean up hazardous chemicals in the environment. I am 
especially pleased that this bill addresses the emerging fields 
of nanoelectronics, a field that Texas Instruments has been 
very involved in, and this is just the beginning of the list. 
So reauthorizing our national nanotechnology program certainly 
should be a priority.
    We have worked together on this legislation from the 
beginning, and thus far it has been a very pleasant and a very 
bipartisan effort. While it is still not a perfect bill, I 
guess, I think it is a good bill. I appreciate the time you and 
your staff have put in on this, and I also want to acknowledge 
the efforts of Chairman Baird and Dr. Ehlers for their work on 
the Subcommittee, all the good, hard work they have done on 
this issue. My main interest in the process has been to make 
sure that we are careful to allow this multi-agency program, 
which seems to be working well, to continue to have the 
flexibility it needs to do its work without being overly 
prescriptive. Up to this point I think we have managed to do 
that, and I look forward to working with you to move the bill 
to the Floor.
    And I yield back my time.
    Chairman Gordon.Thank you, Mr. Hall.
    As we move to the Senate and on to Conference, we are going 
to work to try to have a perfect bill.
    Does anyone else wish to be recognized?
    Mr. Lipinski. Chairman.
    Chairman Gordon. The Vice Chair of the Committee, Mr. 
Lipinski, is recognized.
    Mr. Lipinski. Thank you, Mr. Chairman. I would like to 
commend you and the Committee staff and Ranking Member Hall 
also for this bill today.
    As I have said here on the Committee on a number of 
occasions, I believe nanotech is one of the most important 
keys, maybe the most important technological key to our 
nation's future economic growth. Not only is America currently 
at the forefront of nanotech innovation, my home State of 
Illinois is an international leader in many nanotech fields.
    But we cannot stand still in this fast-changing world, and 
this Act will help get us over some of the hurdles that could 
disrupt our progress in unleashing this new industrial 
revolution.
    One of these hurdles is the technology transfer Chairman 
Gordon mentioned. I mean, from my own experiences in Illinois, 
with two national labs as well as numerous research 
universities, including Northwestern University and University 
of Illinois, which are leading the way in nanotech research, I 
understand how important it is to be able to facilitate 
successful technology transfer.
    Among other provisions this bill provides companies with 
access to research facilities, encourages nanotech-related 
projects under SBIR, STTR, and TIP ATNIST, and coordinates 
federal with State nanotech initiatives.
    As a former professor I also understand that education is 
critical for promoting American nanotech innovation, and this 
bill makes important steps forward in promoting nanotech 
education at the secondary and post-secondary levels.
    In addition, I want to comment on the bill's focus on areas 
of national importance, especially on nanoelectronics and 
nanoenergy. We all understand that energy represents one of 
today's greatest challenges, and nanotechnology is already 
playing a major role in facilitating green energy. From 
increasing the effectiveness of solar cells to saving energy by 
reducing friction in pipelines, innovative nanotechnologies 
have shown their promise in furthering our efforts to become 
more energy independent.
    But we must find more ways for the Federal Government to 
help increase the promotion of green nanoenergy. I think this 
is critical for our future. We talk about it constantly in this 
committee and in promoting green energy as critical for our 
national security and for the environment.
    Finally, I firmly believe that the field of nanoelectronics 
will be as important, if not more important than 
microelectronics, as Chairman Gordon and Ranking Member Hall 
mentioned. Many experts are predicting that by 2020, we will 
not be able to reduce the size of circuits, so we will need to 
find a new technology to replace the traditional semiconductor 
device. This is really critical for the future. Nanoelectronics 
will likely allow us to leap this technological barrier, and we 
are wise to accelerate research, invest heavily in this field 
in order to remain ahead of the curve. I think this is one of 
the most critical fields for American technology.
    I am proud that Northwestern University, University of 
Illinois at Chicago and at Champagne Urbana, as well as Argonne 
National Lab, are doing great work right now on 
nanoelectronics.
    Mr. Chairman, as nanotechnology moves from a multi-billion 
to a multi-trillion dollar industry in just the next few years, 
there is a great promise in store for economic development and 
job creation. It is critical we do all we can to help ensure 
that Americans lead the way in nanotech innovation, and we reap 
the benefits for our nation as we improve the quality of life 
for the world.
    This bill is a great next step, and I look forward to 
working with you and the rest of the Committee on moving it 
forward. Thank you.
    Chairman Gordon. Thank you, Mr. Lipinski.
    [The prepared statement of Ms. Johnson follows:]
       Prepared Statement of Representative Eddie Bernice Johnson
    Thank you, Mr. Chairman.
    I want to commend the leadership for bringing H.R. 5940, the 
National Nanotechnology Initiative Amendments Act of 2008 before the 
Committee today.
    H.R. 5940 contains some important modifications that will enhance 
our federal investments in nanotechnology research and related 
education activities.
    More specifically, the bill contains:

     better planning mechanisms and interagency coordination;

     improved grant award data statistics reporting;

     it creates a coordinator for the Societal Dimensions of 
            Nanotechnology;

     it carves out one award of the NSF Math and Science 
            Partnerships (middle and high school enrichment) for 
            partnership with a nanotech emphasis;

     it includes a technology transfer section to help bring 
            research at nano user facilities to market applications;

     it requires interagency partnership in awarding 
            competitive research grants; and

     it specifies that nano research activities be 
            environmentally benign.

    This spring, the Committee had a hearing on the merits and needs of 
the legislation we are considering today.
    I am proud that we have received strongly positive feedback from 
the stakeholder community.
    The Committee also had a hearing on the commercialization of 
nanotechnology this spring.
    Last fall, the Committee held a hearing on nanotechnology education 
for younger children--a response to legislation introduced by my friend 
and educator-colleague, Congresswoman Hooley.
    I am proud that the Committee has worked hard to promote 
nanotechnology research and education programs.
    I feel that our current federal programs will be enhanced by 
today's legislation.
    My state of Texas is strong in nanotechnology research and 
manufacturing. Scientists at the Nanotech Institute at U.T. Dallas are 
internationally known for their excellent work.
    For example, Dr. Ray Baughman, one of the most talented and 
pioneering nanotechnologists of his time, has been recognized in 2008 
by his peers through election to the National Academy of Engineering 
(NAE).
    He was one of only two Texans among 65 new members added by the 
Academy. Upon his arrival at UT Dallas, Baughman established the 
NanoTech Institute for the purposes of conducting research on the 
nanoscale.
    The institute provides a terrific environment where physicists, 
chemists, biologists, ceramicists, metallurgists and mathematicians can 
join engineers in solving problems.
    The institute is named in honor of the late Dr. Alan MacDiarmid, 
who shared the 2000 Nobel Prize in chemistry with Alan Heeger and 
Hideki Shirakawa for their discoveries that plastics can be made 
electrically conductive.
    These are examples of outstanding nanotechnology researchers in the 
Dallas area.
    The Governor has also helped Texas by investing in start-up 
nanotechnology companies.
    Texas is a place for business.
    The investments in research are yielding fruit in terms of 
commercial applications, and I'm proud that H.R. 5940 will strengthen, 
streamline and better coordinate our federal activities.

    Chairman Gordon. If no one else has an opening statement, 
then I will ask unanimous consent that the bill is considered 
as read and open to amendments at any point and that the 
Members proceed with the amendments in the order of the roster.
    Without objection, so ordered.
    The first amendment on the roster is an amendment offered 
by the gentlelady from Texas, Ms. Johnson. Are you ready to 
proceed with your amendment?
    Ms. Johnson. Yes.
    Chairman Gordon. The Clerk will report the amendment.
    The Clerk. Amendment number 110, amendment to H.R. 5940, 
offered by Ms. Eddie Bernice Johnson of Texas.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading.
    Without objection, so ordered, and I recognize the 
gentlelady for five minutes to explain her amendment.
    Ms. Johnson. Thank you, Mr. Chairman and Ranking Member 
Hall, for considering the amendment, Johnson 110, during 
today's Full Committee markup on H.R. 5940, the National 
Nanotechnology Initiative Amendments Act of 2008. My amendment 
is focused on Section 4 of the original 21st Century 
Nanotechnology Research and Development Act. That section 
describes an advisory panel to be established by the President. 
The panel shall consist primarily of members from academic 
institutions and industry.
    This advisory panel provides advice to the President on 
matters relating to the National Nanotechnology Program. The 
original bill goes on to say that the advisory panel shall be 
qualified to provide advice and information on nanotech 
research, development, demonstrations, education, tech 
transfer, and other matters.
    As stated in the legislation, this is, this advice includes 
trends in nanotech science and engineering. Progress made in 
implementing the program, the need to revise the program, the 
balance among different components of the program, as well as 
other forms of advice, my amendment would make an addition to 
Subsection B within Section 4 of the original bill, and the 
amendment states that at least one member of the advisory panel 
shall be an individual employed by or representing a minority 
serving institution.
    I am certain that my colleagues on this committee 
understand why I feel this provision is important. African 
Americans and Hispanics are severely under-represented in 
careers in the physical sciences and engineering. These fields 
are the foundation of nanotechnology.
    I have been trying this for a long time. The reasons for 
the disparities are complex, subtle biases are pervasive. My 
amendment ensures that someone representing a minority-serving 
intuition sit on this advisory panel. Minority-serving 
institutions, also called MSIs, include historically black 
colleges and universities, Hispanic-serving institutions, and 
tribal colleges and universities.
    There are 110 historically black colleges in the U.S. today 
and even more predominantly black colleges. There are 
approximately 300 Hispanic-serving institutions, and there are 
32 tribal colleges and universities.
    The President should have no trouble in finding one person 
who is well qualified from one of those many institutions to 
serve on the advisory panel. Consider the important 
contribution that the MSI make regarding education, an educated 
workforce. Needless to say, the majority in this country will 
be a new one come 2020. It will be majority, there will be a 
new majority.
    The 2004 MSIs accounted just under one-third of all degree-
granting Title IV institutions. These are schools that can 
disperse federal financial aid and they enroll nearly 60 
percent of the 4.7 million minority undergraduates. In 2000, 
the historically-black college university graduated 40 percent 
or more of all African Americans who received degrees in 
physics, chemistry, astronomy, environmental sciences, 
mathematics, biology, and I might add engineering. In almost 
every STEM field, HBCU's leads the Nation's larger, better-
equipped colleges in producing black graduates.
    The National Science Foundation has found that African 
Americans who graduate from historically black colleges and 
universities' undergraduate institutions in STEM are more 
likely to go to graduate school and complete their doctor 
degrees than African American undergraduates from other 
institutions.
    Under-represented minorities deserve a seat at the table. 
Mr. Chairman, my amendment reserves that seat for them. One out 
of many, and thank you, Mr. Chairman and Ranking Member Hall, 
and I ask for support for this amendment.
    [The prepared statement of Ms. Johnson follows:]
       Prepared Statement of Representative Eddie Bernice Johnson
    Thank you, Chairman Gordon and Ranking Member Hall, for considering 
the amendment, ``JOHNSON 110'' during today's Full Committee markup of 
H.R. 5940, the National Nanotechnology Initiative Amendments Act of 
2008.
    My amendment is focused on Section 4 of the original 21st Century 
Nanotechnology Research and Development Act.
    That section describes an Advisory Panel, to be established by the 
President. The panel shall consist primarily of members from academic 
institutions and industry.
    This Advisory Panel provides advice to the President on matters 
relating to the National Nanotechnology Program.
    The original bill goes on to say that the Advisory Panel members 
shall be qualified to provide advice and information on nanotech 
research, development, demonstrations, education, tech transfer and 
other matters.
    As stated in the legislation, this advice includes trends in 
nanotech science and engineering;

     progress made in implementing the Program;

     the need to revise the Program;

     the balance among different components of the Program;

     forms of advice.

    My amendment would make an addition to subsection ``B'' within 
Section 4 of the original bill.
    The amendment states that:

        ``At least one member of the Advisory Panel shall be an 
        individual employed by and representing a minority-serving 
        institution.''

    I am certain that my colleagues on this committee understand why I 
feel that this provision is important.
    Blacks and Hispanics are severely under-represented in careers in 
the physical sciences and engineering.
    These fields are the foundation of nanotechnology.
    The reasons for the disparities are complex; the subtle biases are 
pervasive.
    My amendment ensures that someone representing a minority-serving 
institution sit on this advisory panel.
    Minority-serving institutions, also called MSIs, include 
historically black colleges and universities, Hispanic-serving 
institutions and tribal colleges and universities.
    There are 110 historically black colleges in the United States 
today and even more predominantly black colleges.
    There are approximately 300 Hispanic-serving institutions.
    There are 32 tribal colleges and universities.
    The President should have no trouble finding one person who is 
well-qualified from one of those many institutions to serve on that 
advisory panel.
    Consider the important contributions that MSIs make regarding our 
educated workforce:

     In 2004, MSIs accounted for just under one-third of all 
            degree-granting Title 4 institutions--these are schools 
            that can disburse federal financial aid--but they enrolled 
            nearly 60 percent of the 4.7 million minority 
            undergraduates.

     In 2000, HBCUs graduated 40 percent or more of all African 
            Americans who received degrees in physics, chemistry, 
            astronomy, environmental sciences, mathematics and biology.

     In almost every STEM field, HBCUs lead the Nation's 
            larger, better-equipped colleges in producing Black 
            graduates.

     The National Science Foundation has found that African 
            Americans who graduate from HBCU undergraduate institutions 
            in STEM are more likely to go to graduate school and 
            complete their doctoral degrees than African American 
            undergraduates from other institutions.

    Under-represented minorities deserve a seat at the table, Mr. 
Chairman. My amendment reserves that seat for them.
    Thank you, Mr. Chairman and Ranking Member. I thank my colleagues 
for considering this amendment and yield back my time.

    Chairman Gordon. Thank you, Ms. Johnson.
    Is there further discussion on the amendment?
    If no, the vote occurs on the amendment. All in favor, say 
aye. Opposed, no. The ayes have it. The amendment is agreed to.
    The second amendment on the roster is offered by the 
gentlelady from Texas, Ms. Johnson. Are you ready to proceed 
with your amendment?
    Ms. Johnson. Yes, I am.
    Chairman Gordon. The Clerk will report the amendment.
    The Clerk. Amendment number 114, amendment to H.R. 5940, 
offered by Ms. Eddie Bernice Johnson of Texas.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading.
    Without objection, so ordered.
    The gentlelady is recognized for five minutes to explain 
her amendment.
    Ms. Johnson. Thank you, Mr. Chairman. I appreciate the 
Committee's consideration of my amendment.
    The amendment, Johnson 114, focuses on the end of Section 3 
of H.R. 5940. This section is called societal dimensions of 
nanotechnology.
    Specifically, it details educational activities. Education 
is the key to ensuring that our future workforce is 
competitive. We must captivate young people's imaginations from 
as early as elementary school and middle school to get them 
interested in nanotechnology. I am glad that the nanotechnology 
initiative contains good education activities that are 
inclusive to all students.
    My amendment seeks to ensure that such educational 
activities include environmental, health, and safety 
considerations. More specifically, at the end of Section 3 it 
adds a brief section to the societal dimensions of 
nanotechnology education activities.
    My amendment states activities supported under the 
education and societal dimensions program component area or any 
successor program component area, that involve informal, pre-
college, or undergraduate nanotechnology education shall 
include education regarding the environmental, health, and 
safety, and other societal aspects.
    During the development of H.R. 5940 we received feedback 
from environmental groups that federal nanotechnology education 
programs needed stronger environmental and health components. 
My amendment respects the request of the environmental 
community. It ensures that educational activities within the 
education and societal dimensions programs contain those 
appropriate safety considerations.
    Mr. Chairman, there was a previous version of this 
amendment that contained the words, green nanotechnology. My 
colleagues, Mr. Wu and Dr. Ehlers and Dr. Gingrey, as well as 
other Members of this committee, have been great supporters of 
green science that invokes no environment or health harms.
    However, because I sensed a lack of unanimous consent for 
codifying the words, green nanotechnology, I agreed to remove 
it from my amendment. However, the condition was that the term, 
green nanotechnology, shall be included in report language. It 
is my hope that the Committee leadership will honor my request.
    And, again, I thank you very much for your consideration, 
and I yield back the, I am requesting support and yield back 
the balance of my time.
    [The prepared statement of Ms. Johnson follows:]
       Prepared Statement of Representative Eddie Bernice Johnson
    Thank you, Mr. Chairman. I appreciate the Committee's consideration 
of my amendment.
    The amendment--JOHNSON 114--focuses on the end of Section 3 of H.R. 
5940. This section is called, ``Societal Dimensions of 
Nanotechnology.''
    Specifically, it details educational activities.
    Education is the key to ensuring that our future workforce is 
competitive.
    We must captivate young people's imaginations--from as early as 
elementary and middle school--to get them interested in nanotechnology.
    I am glad that the Nanotechnology Initiative contains good 
education activities that are inclusive to all students.
    My amendment seeks to ensure that such education activities include 
environmental, health, and safety considerations.
    More specifically, at the end of Section 3, it adds a brief section 
to the Societal Dimensions in Nanotechnology education activities.
    My amendment states,

        ``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.''

    During the development of H.R. 5940, we received feedback from 
environmental groups that federal nanotechnology education programs 
needed stronger environmental and health components.
    My amendment respects the requests of the environmental community.
    It ensures that education activities within the Education and 
Societal Dimensions programs contain those appropriate safety 
considerations.
    Mr. Chairman, there was a previous version of this amendment that 
contained the words, ``green nanotechnology.''
    My colleagues, Mr. Wu, Dr. Ehlers and Dr. Gingrey, as well as other 
Members of this committee have been great supporters of ``green 
science'' that invokes no environmental or health harms.
    However, because I sensed a lack of unanimous consent for codifying 
the words, ``green nanotechnology,'' I agreed to remove them from my 
amendment.
    However, the condition was that the term, ``green nanotechnology'' 
shall be included in report language.
    It is my hope that the Committee leadership will honor my request.
    Again, I thank the Committee for considering my amendment, and I 
yield back the balance of my time.

    Chairman Gordon. Thank you, Ms. Johnson, and you can 
certainly count on us or at least my following through on any 
agreement that was reached with you and your staff.
    Mr. Hall. Mr. Chairman.
    Chairman Gordon. Mr. Hall.
    Mr. Hall. Yeah. I would like to say that I appreciate my 
neighbor from Dallas who worked on this and other legislation 
and her willingness always to work with us on her amendments. 
This amendment simply includes environmental, health, and 
safety education as part of any educational activities 
supported under the education and societal dimensions program 
component here. I think this is reasonable and I certainly 
support and recommend its adoption.
    I yield back.
    Chairman Gordon. Is there further discussion on the 
amendment?
    If no, the vote occurs on the amendment. All in favor, say 
aye. Those opposed, no. The ayes have it. The amendment is 
agreed to.
    The third amendment on the roster is offered by the 
gentleman from Washington, Mr. Baird. Are you ready to proceed 
with your amendment?
    Mr. Baird. Yes. I have an amendment at the desk.
    Chairman Gordon. The Clerk will report the amendment.
    The Clerk. Amendment number 063, amendment to H.R. 5940, 
offered by Mr. Baird of Washington.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading.
    Without objection, so ordered.
    The gentleman is recognized for five minutes to explain his 
amendment.
    Mr. Baird. I thank the Chairman.
    Consistent with the mission of our Research and Education 
Subcommittee, Mr. Chairman, this amendment deals with remote 
access, which would be a benefit to secondary schools.
    During our hearings on the nanotech initiative, one of the 
witnesses talked about the importance of having a strong 
pipeline of students who are familiar with and excited about 
nanotechnology's potential and procedures. This amendment 
simply requires that the recipients of funding of the NNI would 
make available via remote access where appropriate and not cost 
prohibitative, access to secondary high school students and 
teachers.
    This is particularly important because the infrastructure, 
the equipment that goes into nanotechnology is prohibitatively 
expensive to be available to high school students, yet we want 
that part of our pipeline to get enthused early, early on. 
Folks in disadvantaged portions of our cities or people in 
rural district like I represent could nevertheless have high 
school students have access to state-of-the-art equipment and 
the enthusiasm and excitement that goes with that, and thereby, 
when they go onto college, hit the ground running as it were.
    The amendment should not be prohibitively expensive in any 
way, shape, or form. We have talked to nanotech research 
facilities in and near my district, and they are very 
supportive of the concept, as are educators.
    And with that I would urge passage and yield back.
    Chairman Gordon. Thank you, Mr. Baird. Is there further 
discussion on the amendment?
    If no, the vote occurs on the amendment. All in favor, say 
aye. Opposed, no. The ayes have it. The amendment is agreed to.
    The fourth amendment on the roster is offered by the 
gentleman from Washington also, Mr. Baird. Are you ready to 
proceed with your amendment?
    Mr. Baird. I am indeed, sir.
    Chairman Gordon. The Clerk will report the amendment.
    The Clerk. Amendment number 064, amendment to H.R. 5940, 
offered by Mr. Baird of Washington.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading.
    Without objection, so ordered.
    The gentleman is recognized for five minutes to explain his 
amendment.
    Mr. Baird. Mr. Chairman, this amendment like the prior one 
deals with remote access, again, a topic which was recommended 
to us by some of our witnesses, but in this case it is not just 
for educational purposes but for other researchers to be able 
to utilize nanotech facilities.
    As the field of nanotechnology continues to grow, we have 
to ensure that we have the available instruments and facilities 
to meet the growing demand. We have finite resources and 
imagine it will be difficult to get everyone who needs it 
access to such equipment in the future, and for this reason we 
need to do what we can to develop and foster the technology to 
allow remote access to these facilities.
    This amendment requires the National Nanotechnology 
Coordination Office and the National Nanotechnology Advisory 
Panel to look at the capabilities of nanotechnology research 
facilities and discern whether they are adequate to provide 
individuals the means of network technology access to use the 
instrumentation and equipment at the facilities.
    It also charges the Advisory Panel with determining a level 
of funding that would be needed to support acquisition of 
network technology to provide this capability at nanotech 
research facilities.
    In essence what we are doing is as we look at the existing 
capacity, the facilities, one of the factors we look at during 
a public input process which is included in the NNI already, as 
part of that public input and evaluation process we see the 
degree to which remote access is available and should be made 
available.
    That is the essence of this amendment, and I yield back.
    Chairman Gordon. Is there further discussion on the 
amendment?
    If no, all in favor of the amendment, say aye. Opposed, no. 
The ayes have it. The amendment is agreed to.
    Are there any other amendments?
    If no, then the vote is on the bill H.R. 5940 as amended. 
All those in favor, say aye. All those opposed, no. In the 
opinion of the Chair the ayes have it.
    I now recognize Mr. Hall for a motion.
    Mr. Hall. Mr. Chairman, I move that the Committee favorably 
report H.R. 5940 as amended in the House with the 
recommendation that the bill as amended, do pass.
    Furthermore, I move that the staff be instructed to prepare 
the legislative report and make all necessary technical and 
conforming changes and that the Chairman take all necessary 
steps to bring the bill before the House for consideration.
    Yield back.
    Chairman Gordon. The question is on the motion to report 
the bill favorably. Those in favor of the motion will signify 
by saying aye. The ayes have it, and the bill is favorably 
reported.
    Let me--should I say anybody wants to or does anyone want 
to vote no? So let me be clear. I did not want to just give one 
option here.
    Okay. The ayes have it, and the bill is reported favorably.
    Without objection, the motion is reconsidered and laid upon 
the table. The Members will have two subsequent calendar days 
in which to submit supplemental, Minority, or additional views 
on the measure, ending Monday, May the 12th, at 9:00 a.m.
    I move pursuant to clause 1 of rule 22 of the Rules of the 
House of Representatives that the Committee authorize the 
Chairman to offer such motions as may be necessary in the House 
to adopt and pass H.R. 5940, the National Nanotechnology 
Initiative Amendments Act of 2008, as amended.
    Without objection, so ordered.
    And I want to thank all Members for attendance and for all 
the Members working together on getting, you know, a good bill 
and also a very important bill, and again, just because things 
aren't controversial doesn't mean they are not important.
    Thank you very much.
    [Whereupon, at 12:48 p.m., the Committee was adjourned.]
                               Appendix:

                              ----------                              


        H.R. 5940, Section-by-Section Analysis, Amendment Roster






               Section-by-Section Analysis of H.R. 5940,
           National Nanotechnology Initiative Amendments Act

SEC. 1. Short Title

    ``National Nanotechnology Initiative Amendments Act of 2008''

SEC. 2. Amendments to the 2003 Act:

     Modifies the NNI strategic plan to require specification 
            of (1) both near and long term objectives, (2) the 
            timeframe for achieving near term objectives, (3) the 
            metrics for measuring progress toward objectives, and (4) 
            multi-agency funded projects in areas of significant 
            economic and societal impacts (see SEC. 5).

     Requires agencies participating in the NNI to support the 
            activities of committees involved in the development of 
            standards for nanotechnology and authorizes reimbursement 
            of travel expenses for scientists participating in such 
            standards setting activities.

     Provides an explicit funding source for the National 
            Nanotechnology Coordination Office (NNCO)--each 
            participating agency provides funds in proportion to the 
            agency's fraction of the overall NNI budget--and requires 
            the NNCO to report annually on its current and future 
            budget requirements, including funding needed to create and 
            maintain new public databases (see following provision), to 
            fulfill the public input and outreach requirements 
            specified in the 2003 Act, and to allow the National 
            Academy of Sciences to carry out its triennial reviews of 
            the NNI.

      Requires the NNCO to (1) develop a public database for 
            projects funded under the Environmental, Health and Safety 
            (EHS), Education and Societal Dimensions, and 
            Nanomanufacturing program component areas, with sub-
            breakouts for education, public outreach and ethical, legal 
            and other societal issues projects; and (2) develop, 
            maintain and publicize information about NNI supported (and 
            may include State-supported) nanotechnology facilities 
            available for use by academia and industry.

     Specifies that the NNI Advisory Panel must be a stand-
            alone advisory committee (at present the President's 
            Council of Advisors for Science and Technology is assigned 
            this role).

      Requires the NNI Advisory Panel to establish a sub-panel 
            with members having qualifications tailored to assessing 
            the societal, ethical, legal, environmental, and workforce 
            activities supported by the NNI.

     Revises the charge to the National Research Council (NRC) 
            for the content and scope of the triennial reviews of the 
            NNI.

     Provides explicit funding to the NNCO of $500K/year for 
            FY0909FY11 for the NRC triennial reviews.

SEC. 3. Societal Dimensions of Nanotechnology:

     Assigns responsibility to an OSTP associate director (to 
            be determined by the OSTP Director) to fulfill the role of 
            Coordinator for the societal dimensions component of NNI. 
            The coordinator is (1) responsible for ensuring the 
            strategic plan for EHS is completed and implemented; (2) 
            serves as the focal point for encouraging and advocating 
            buy-in by the agencies, and monitoring their compliance, in 
            providing the resources and management attention necessary; 
            and (3) is responsible for encouraging the agencies to 
            explore suitable mechanisms for establishing public-private 
            partnerships for support of EHS research.

     Requires the Coordinator to convene and chair a panel of 
            representatives from agencies supporting research under the 
            EHS program component area to develop, annually update, and 
            coordinate the implementation of a research plan for this 
            program component. The plan, which is to be appended to the 
            statutorily required NNI annual report, must contain near 
            and long term research goals and milestones, include multi-
            year funding requirements by agency and by goal, and take 
            into consideration the recommendations of the NNI Advisory 
            Panel and the agencies responsible for environmental and 
            safety regulations. The plan must include standards 
            development activities related to nomenclature, standard 
            reference materials, and testing methods and procedures.

     Establishes Nanotechnology Education Partnerships as part 
            of the NSF Math and Science Partnership (MSP) program to 
            recruit and help prepare secondary school students to 
            pursue post-secondary education in nanotechnology. These 
            partnerships are similar to other MSPs, but must include 
            one or more businesses engaged in nanotechnology and focus 
            the educational activities on curriculum development, 
            teacher professional development, and student enrichment 
            (including access by student to nanotechnology facilities 
            and equipment) in areas related to nanotechnology.

     Requires the Program to include within the Education and 
            Societal Dimensions program component area activities to 
            support nanotechnology undergraduate education, including 
            support for course development, faculty professional 
            development, and acquisition of equipment and 
            instrumentation. To carry out these activities, the bill 
            authorizes an additional $5M per year for FY 2009 and FY 
            2010 for the NSF Course, Curriculum, and Laboratory 
            Improvement program (undergraduate STEM education program 
            open to all institutions of higher education) and an 
            additional $5M per year for FY 2009 and FY 2010 for the NSF 
            Advanced Technological Education program (open only to two-
            year institutions).

     Requires formation of an Education Working Group to 
            coordinate, prioritize, and plan the educational activities 
            funded under NNI.

SEC. 4. Technology Transfer:

     Requires agencies supporting nanotechnology research 
            facilities under NNI to allow, and encourage, use of these 
            facilities to assist companies in developing prototype 
            products, devices, or processes for determining proof of 
            concept. The agencies are required to publicize the 
            availability of these facilities and provide descriptions 
            of the capabilities of the facilities and the procedures 
            and rules for their use. For cases in which full cost 
            recovery for use of facilities is not required, the 
            agencies must develop criteria for access, including the 
            significance of the project for meeting national needs, 
            readiness of the project for demonstration, and the 
            prospects for commercial follow-on development of a 
            successfully demonstrated concept.

     Requires agencies to encourage applications for support of 
            nanotechnology projects under SBIR and STTR programs, 
            requires publication of the plan to encourage this within 
            six months (plan originally required under the 2003 Act), 
            and requires a report that will track the success of the 
            programs in attracting and supporting nanotechnology 
            projects.

     Requires NIST to encourage submission of proposals under 
            the Technology Innovation Program (TIP) for support of 
            nanotechnology related projects and to report to Congress 
            on how this is to be accomplished and on the outcome of the 
            effort over time. Requires the TIP Advisory Board to 
            provide advice to the program on ways to increase the 
            number of nanotechnology related proposals and to assess 
            the adequacy of funding provided for such proposals.

     Encourages the creation of industry liaison groups in all 
            relevant industry sectors (four currently exist) to foster 
            technology transfer and to help guide the NNI research 
            agenda.

     Adds to the activities enumerated by the 2003 Act that are 
            required to be carried out under the NNI the coordination 
            and leveraging of federal investments with nanotechnology 
            research, development, and technology transition 
            initiatives supported by the States.

SEC. 5. Research in Areas of National Importance:

     Requires the NNI to include support for large-scale 
            research and development activities in application areas 
            with potential for significant contributions to economic 
            competitiveness or other important societal benefits. The 
            activities, which must involve collaborations among 
            universities and industry (and federal labs and non-profit 
            research organizations, as appropriate), are to be designed 
            to advance the development of promising nanotechnology 
            research discoveries by demonstrating technical solutions 
            to important problems in areas of national importance, such 
            as nano-electronics, energy efficiency, health care, and 
            water remediation.

     Requires that the competitive, merit based selection 
            process for awards and the funding of these awards be 
            carried out through a collaboration between at least two 
            agencies, that the award selection process take into 
            favorable consideration the availability of cost sharing 
            from non-federal sources, and that federal funds be 
            leveraged by collaborations with relevant State 
            initiatives.

     The research and development activities may be carried out 
            through awards for support of interdisciplinary research 
            centers, and all activities supported must include a plan 
            for fostering the transfer of research discoveries and 
            technology demonstration activities to industry for 
            commercial development.

     Requires the NNI annual report to include a description of 
            the activities supported in accordance with this section at 
            the same level of budget detail as for NNI program 
            component areas.

SEC. 6. Nanomanufacturing Research:

     Specifies inclusion of research under the 
            Nanomanufacturing program component area to include 
            projects to develop instrumentation/tools for rapid 
            characterization and monitoring for nanoscale manufacturing 
            and to develop techniques for scaling nanomaterial 
            synthesis to industrial-level production rates.

     Requires that centers established under the NNI that focus 
            on nanomanufacturing and on applications in areas of 
            national importance (SEC. 5) include support for 
            interdisciplinary research and education on methods and 
            approaches to develop environmentally benign nanoscale 
            products and nanoscale manufacturing processes. These 
            centers must also develop their research and development 
            agendas taking into consideration research findings and 
            results from activities supported under the NNI's EHS 
            program component area and must include activities to help 
            transfer the results of the centers' research to industry.

     Requires a public meeting and subsequent review by the NNI 
            Advisory Panel of the (1) adequacy of the funding level and 
            the relevance to industry's needs of research under the 
            Nanomanufacturing program component area and (2) adequacy 
            of the capabilities of nanotechnology facilities for 
            meeting the needs of the nanotechnology research and 
            development community and the funding required to support 
            instrumentation and equipment acquisition and facilities 
            operations. The results of the review are to be submitted 
            to Congress.

SEC. 7. Definitions


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