111^th Congress

Nanotechnology Research

H.R. 554/S. 1482, H.R. 820

Background

The 21st Century Nanotechnology Research and Development Act, P.L. 108 153, established the National Nanotechnology Program (also called the National Nanotechnology Initiative [NNI]) in 2003 to determine the goals, priorities, and metrics for the evaluation of Federal nanotechnology research and development. P.L. 108 153 established the National Nanotechnology Coordinating Office (NNCO) to provide for interagency coordination of nanotechnology research. NNI activities are overseen by the National Science and Technology Council (NSTC) within the Office of Science and Technology Policy (OSTP). NSTC is responsible for the planning, management, and coordination of the initiative and sets program component areas, which include specific technical goals and priorities for the numerous participating agencies, including the National Institutes of Health (NIH). NIH is a member of the Nanoscale Science, Engineering and Technology (NSET) Subcommittee of NSTC. P.L. 108-158 also established the National Nanotechnology Advisory Panel to advise the President and the Council on matters relating to NNI.

Among its key purposes, NNI aims to 1) ensure the global leadership of the United States in the development of nanotechnology applications; 2) advance U.S. productivity and competitiveness through stable, consistent, coordinated investments in near and long term scientific and engineering research priorities in nanotechnology; 3) accelerate the deployment and application of nanotechnology research and development in the private sector, including startup companies; 4) encourage interdisciplinary research projects and collaborations; 5) provide educational and training opportunities for researchers and professionals skilled in the interdisciplinary perspectives necessary for nanotechnology; 6) provide for ethical, legal, environmental, and other appropriate societal concerns, including the potential use of nanotechnology in enhancing human intelligence and developing artificial intelligence; and 7) encourage the use of existing processes and technologies for the advancement of nanotechnology research and other purposes.

P.L. 108-158 calls for a triennial external review of NNI, whereby the Director of NNCO enters into an agreement with the National Research Council of the National Academies of Science to conduct the triennial evaluation and analysis of the program. The report is to be transmitted to the Advisory Panel; the Senate Committee on Commerce, Science and Transportation; and the House Committee on Science and Technology. Every 3 years thereafter a report will be submitted to the congressional committees.

Significant public concern over the safety of nanomaterials, the time required for the NSET Nanotechnology Health Implications working group to produce an environmental health and safety (EHS) research strategy for the Federal government, and the amount of agency investment in EHS research prompted numerous legislative efforts to amend the Act to make coordination and priority-setting of research goals and funding allocations among the participating agencies more efficient. Chief among growing concerns are the lack of understanding of the impact that nanomaterials have on human health and the environment and lack of standards to guide the interdisciplinary research community.

Provisions of the Legislation/Impact on NIH

The purpose of H.R. 554/S. 1482, the National Nanotechnology Amendments Act of 2009, is to ensure the safety of nanotechnology and transparency of research performed as part of the multiagency NNI. The measure would make three key changes to the existing initiative. Specifically, it would 1) strengthen strategic planning for EHS program component areas of nanotechnology research and development, 2) require NNI to increase the role of technology transfer activities to support the transition to nanotechnology based product development, and 3) create new education programs for secondary school students and educators in order to increase U.S. competitiveness.

In addition, the legislation would:

• Require all agencies participating in NNI to support the setting of standards for nanotechnology
• Establish a new funding requirement with respect to the NNCO budget. Rather than a general requirement that funds be made available to support NSTC, the legislation would require NNCO to be supported by funds from each agency participating in NNI and require that each agency’s share of NNCO’s total budget be in the same proportion as the previous fiscal year. The legislation would also establish annual reporting requirements for NNCO. S. 1482 has additional language that would require that $500,000 of the total NNCO budget be made available to the National Institute of Standards and Technology for the development of nanotechnology standards.
• Require the development of a new database. S. 1482 would authorize appropriations to the National Science Foundation for use by NNCO for the development of a new database that would contain all projects funded by NSET. The database established by H.R. 554 would be required to contain projects funded under the Environmental, Health, and Safety; Education and Society Dimensions; and Nanomanufacturing program component areas. H.R. 554 does not authorize appropriations for the effort.
• Require the Director of OSTP to designate a Coordinator for Societal Dimensions of Nanotechnology who would be responsible for convening a panel to develop, coordinate, and periodically evaluate a research plan for the Environmental, Health, and Safety program component area. The Coordinator would also be authorized to monitor agency activities on societal dimensions.
• Amend the triennial review requirements. S. 1482 would require NNCO to identify and report on three topic areas that would benefit from review. Although H.R. 554 would still require a review of the entire program, the number of topics in the report would be reduced from 13 to 4.

S. 1482 contains additional requirements for a public meeting regarding the Nanomanufacturing program component area and a series of public forums to increase awareness of nanotechnology.

H.R. 820 would require the Secretary of Health and Human Services to establish a grant program for nanotechnology research to address health-related applications of nanotechnology. The bill would authorize appropriations in the amount of $30 million to carry out this program, among other non U.S. Department of Health and Human Services provisions.

Status and Outlook

H.R. 554 was introduced by Representative Bart Gordon (D-TN) on January 15, 2009, and was referred to the House Committee on Science and Technology. On February 11, the bill was considered under suspension of the rules and passed by a voice vote. On February 12, the bill was received by the Senate and referred to the Senate Committee on Commerce, Science and Transportation. No further action has occurred on this legislation.

H.R. 820 was introduced by Representative Michael M. Honda (D-CA) on February 3, 2009, and was jointly referred to the House Committees on Science and Technology, on Ways and Means, on Energy and Commerce, and on Homeland Security. No further action has occurred on this legislation.

S. 1482 was introduced by Senator John F. Kerry (D-MA) on July 21, 2009, and was referred to the Senate Committee on Commerce, Science and Transportation. No further action has occurred on this legislation.

September 2009