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H.R.2749 - Nanotechnology Advancement and New Opportunities Act
To ensure the development and responsible stewardship of nanotechnology.
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Mr. HONDA introduced the following bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Energy and Commerce, Ways and Means, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 101. NANOMANUFACTURING INVESTMENT PARTNERSHIP.
(a) Establishment- If $100,000,000 is made available for such purposes from the private sector within 2 years after the date of enactment of this Act, the Secretary of Commerce shall establish the Nanomanufacturing Investment Partnership, in partnership with such private sector investors.CommentsClose CommentsPermalink
(b) Purpose- The Nanomanufacturing Investment Partnership shall provide funding for precommercial nanomanufacturing research and development projects, but not for basic research projects, through funding mechanisms described in subsection (c) in a manner so as to advance the commercialization of nanomanufacturing technologies to address critical scientific and engineering needs of national importance, especially with respect to projects that would not be adequately funded or pursued by the private sector or pursuant to the 21st Century Nanotechnology Research and Development Act or other law, and to increase the commercial application of federally supported research results. To the extent that a sufficient number of viable applications have been submitted, at least 85 percent of the funding provided by the Nanomanufacturing Investment Partnership under this section shall be provided to startup companies.CommentsClose CommentsPermalink
(c) Funding Mechanisms- The Nanomanufacturing Investment Partnership may provide funding through direct investment in nanomanufacturing firms, contracts, loans or loan guarantees, unsecured subordinated debt, or any other mechanism designed to advance nanomanufacturing technologies.CommentsClose CommentsPermalink
(1) REQUIREMENT- Each transaction through which the Nanomanufacturing Investment Partnership provides funding under subsection (c) shall provide for the return to the Nanomanufacturing Investment Partnership of fair and reasonable amounts resulting from the commercialization of technologies developed with the funding provided by the Nanomanufacturing Investment Partnership.CommentsClose CommentsPermalink
(A) Except as provided in subparagraph (B), amounts shall be distributed to all investors in the Nanomanufacturing Investment Partnership, including the Federal Government, in proportion to their monetary contribution to the Nanomanufacturing Investment Partnership.CommentsClose CommentsPermalink
(B) After the total monetary investment of the Federal Government has been recovered under subparagraph (A), the Federal share of distributions under this paragraph shall be reduced to 7 percent of the proportional distribution under subparagraph (A), and the remaining amounts shall be distributed proportionately to all non-Federal investors.CommentsClose CommentsPermalink
(e) Cost Sharing- Each applicant for funding assistance from the Nanomanufacturing Investment Partnership for a project shall be required to provide a portion of the cost of the project.CommentsClose CommentsPermalink
(f) Administration- The Secretary of Commerce, based on guidance from the Advisory Board established under subsection (i), shall make awards of funding under this section. The Advisory Board may obtain additional peer review in preparing guidance for the Secretary under this subsection.CommentsClose CommentsPermalink
(1) ESTABLISHMENT- The Secretary of Commerce shall establish an Advisory Board to assist the Secretary in carrying out this section, including by establishing requirements for progress reports under subsection (g). The Advisory Board shall consist of--CommentsClose CommentsPermalink
(B) independent experts on nanomanufacturing and finance appointed by the President from among representatives of government, industry, and academia, whose votes shall collectively amount to 60 percent of the votes on the Advisory Board.CommentsClose CommentsPermalink
(2) TERMS- Members of the Advisory Board appointed under paragraph (1)(A) shall be appointed for 3-year terms, except that the President shall make some initial appointments for terms of 1 year and some for terms of 2 years, in order to ensure continuity of membership on the Advisory Board.CommentsClose CommentsPermalink
(i) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of Commerce for the Nanomanufacturing Investment Partnership $300,000,000, to remain available until expended.CommentsClose CommentsPermalink
SEC. 102. TAX CREDIT FOR INVESTMENT IN NANOTECHNOLOGY FIRMS.
(a) In General- Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to credits against tax) is amended by adding at the end the following new subpart:CommentsClose CommentsPermalink
‘Subpart J--Nanotechnology Development Credit
‘SEC. 54I. CREDIT FOR PURCHASE OF NANOTECHNOLOGY DEVELOPER STOCK.
‘(1) IN GENERAL- There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the aggregate amount paid by the taxpayer for the purchase of qualified nanotechnology developer stock.CommentsClose CommentsPermalink
‘(1) AMOUNT OF INVESTMENT ELIGIBLE- No credit shall be allowed under subsection (a) with respect to amounts paid in any taxable year for the purchase of qualified nanotechnology developer stock which is in excess of $10,000,000.CommentsClose CommentsPermalink
‘(1) IN GENERAL- The term ‘qualified nanotechnology developer stock’ means any common stock in a C corporation or any membership unit in a State-registered limited liability company if--CommentsClose CommentsPermalink
‘(B) such stock is acquired by the taxpayer at its original issue (directly or through an underwriter) in exchange for money or other property (not including stock), andCommentsClose CommentsPermalink
‘(C) the proceeds of such issue are used by such issuer during the 5-year period beginning on the date of issuance for the development, production, or sale of products using nanotechnology.CommentsClose CommentsPermalink
‘(3) NANOTECHNOLOGY- The term ‘nanotechnology’ means the science of understanding and manipulating matter on an atomic or molecular scale, generally to create structures, and usually at a size smaller than 100 nanometers.CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary, in consultation with the National Nanotechnology Coordination Office, shall certify an entity under this subsection if such entity demonstrates by the submission of such information as required by the Secretary that not less than 51 percent of its activities relate to the development, production, and sale of products using nanotechnology.CommentsClose CommentsPermalink
‘(A) the proceeds from any qualified nanotechnology developer stock issued by such entity are used during the 5-year period following such issue for a purpose other than the development, production, or sale of products using nanotechnology, orCommentsClose CommentsPermalink
‘(3) SUBMISSION OF INFORMATION- The Secretary may require any entity certified under paragraph (1) to provide such information as the Secretary may require in order ensure compliance with the purposes of this section.CommentsClose CommentsPermalink
‘(1) IN GENERAL- If the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (h) for such taxable year, such excess shall be allowed as a credit carryforward for each of the 20 taxable years following the unused credit year.CommentsClose CommentsPermalink
then notwithstanding any other provision of this subtitle, the tax imposed by this chapter on the taxpayer for the taxable year beginning in the calendar year in which such cessation occurred shall be increased by the aggregate amount of credit allowed under subsection (a) to the taxpayer with respect to such stock.CommentsClose CommentsPermalink
‘(1) the increase in the basis of such stock which would (but for this subsection) result from such purchase shall be reduced by the amount of the credit so allowed, andCommentsClose CommentsPermalink
(b) Conforming Amendment- Subsection (a) of section 1016 of such Code is amended by striking ‘and’ at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ‘; and’, and by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(38) to the extent provided in section 54I(h), in the case of amounts with respect to which a credit has been allowed under section 54I or a recapture imposed under section 54I(f).’.CommentsClose CommentsPermalink
‘subpart j--nanotechnology development credit’.
SEC. 103. NANOTECHNOLOGY ASSISTANCE.
(1) COMMERCIALIZATION- The term ‘commercialization’ means the process of converting nanotechnology research into products and processes that are used in the marketplace.CommentsClose CommentsPermalink
(2) DEGREE-GRANTING INSTITUTION- The term ‘degree-granting institution’ means an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (
(3) INCUBATOR- The term ‘incubator’ means an entity affiliated with or housed in a degree-granting institution that provides space and coordinated and specialized services to entrepreneurial businesses that work in the field of nanotechnology commercialization and that meets selected criteria during the businesses’ startup phase, including providing services such as shared office space and services, access to equipment, access to telecommunications and technology services, flexible leases, specialized management assistance, access to financing, and other coordinated business or technical support services.CommentsClose CommentsPermalink
(4) NANOTECHNOLOGY- The term ‘nanotechnology’ means the science of understanding and manipulating matter on an atomic or molecular scale, generally to create structures, and usually at a size smaller than 100 nanometers.CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary is authorized to establish within the Technology Administration of the Department of Commerce a grant program to support the establishment and development of incubators.CommentsClose CommentsPermalink
(II) providing services for commercialization, including preparing providing services to appropriate businesses including corporate charters, partnership agreements, and basic contracts, assistance with patents, trademarks, and copyrights, and technology acquisition services; orCommentsClose CommentsPermalink
(B) shall reserve 10 percent of the amount to make awards, on a competitive basis, in amounts of $50,000 to $150,000, for feasibility studies for determining the need for or siting of incubators; andCommentsClose CommentsPermalink
(C) shall reserve 10 percent for research regarding best practices for incubator programs, including the development of a benchmarking system based on uniform measures, and for dissemination of information regarding such practices.CommentsClose CommentsPermalink
(B) programming that contributes to a coordinated set of business assistance tools, such as developing management teams, providing workforce development, forming strategic alliances, developing capital formation networks, and developing customized plans for commercialization; andCommentsClose CommentsPermalink
(A) described in paragraph (2)(A) to a nonprofit entity that has a strong affiliation with a degree-granting institution and manages or provides technical assistance to the degree-granting institution’s affiliated incubator, or if no nonprofit entity manages or provides technical assistance to the incubator, to the degree-granting institution managing the incubator; andCommentsClose CommentsPermalink
(6) APPLICATIONS- Each entity desiring assistance under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require.CommentsClose CommentsPermalink
(i) will be carried out at a facility that is included in the Centers and Networks of Excellence of the research and development program known as the National Nanotechnology Initiative;CommentsClose CommentsPermalink
(iii) incubators that are located in areas with an established venture capital industry and other industry support, including leadership and legal support, for commercialization; orCommentsClose CommentsPermalink
(1) ESTABLISHMENT- The Secretary shall establish a Nanotechnology Startup Advisory Council composed of industry leaders, business and marketing professionals, venture capitalists, attorneys, and nanotechnology researchers.CommentsClose CommentsPermalink
(d) Report- Not later than September 30 of the third fiscal year during which assistance is provided under this section, the Secretary shall prepare and submit to Congress a report that--CommentsClose CommentsPermalink
(2) contains a comparison of the success of nanotechnology companies developed in incubators that received such assistance with the success of other nanotechnology companies;CommentsClose CommentsPermalink
(5) contains a comparison of academic-affiliated incubators of specific missions and ages that received assistance under this section with other incubators with similar missions and ages.CommentsClose CommentsPermalink
SEC. 201. NANOSCALE SCIENCE AND ENGINEERING CENTER.
‘(1) ESTABLISHMENT- The National Science Foundation shall provide for the establishment, on a merit reviewed and competitive basis, of a center for the development of computer aided design tools for nanotechnology applications.CommentsClose CommentsPermalink
SEC. 202. FEDERAL PROGRAMS.
‘(1) ESTABLISHMENT- The Secretary of Energy shall provide for the establishment, on a merit reviewed and competitive basis, of a grant program for nanotechnology research to address the need for clean, cheap, renewable energy.CommentsClose CommentsPermalink
‘(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary of Energy for carrying out this subsection $30,000,000 for each fiscal year.’; andCommentsClose CommentsPermalink
‘SEC. 9. ENVIRONMENTAL PROTECTION AGENCY PROGRAMS.
‘(a) Establishment- The Administrator of the Environmental Protection Agency shall provide for the establishment, on a merit reviewed and competitive basis, of a grant program for nanotechnology research to address technologies for the remediation of pollution and other environmental protection technologies.CommentsClose CommentsPermalink
‘(b) Authorization of Appropriations- There are authorized to be appropriated to the Administrator of the Environmental Protection Agency for carrying out this section $30,000,000 for each fiscal year.CommentsClose CommentsPermalink
‘SEC. 10. DEPARTMENT OF HOMELAND SECURITY PROGRAMS.
‘(a) Establishment- The Secretary of Homeland Security shall provide for the establishment, on a merit reviewed and competitive basis, of a grant program for nanotechnology research to address the need for sensors and other materials related to homeland security needs.CommentsClose CommentsPermalink
‘(b) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of Homeland Security for carrying out this section $30,000,000 for each fiscal year.CommentsClose CommentsPermalink
‘SEC. 11. DEPARTMENT OF HEALTH AND HUMAN SERVICES PROGRAMS.
‘(a) Establishment- The Secretary of Health and Human Services shall provide for the establishment, on a merit reviewed and competitive basis, of a grant program for nanotechnology research to address the health related applications of nanotechnology.CommentsClose CommentsPermalink
‘(b) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of Health and Human Services for carrying out this section $30,000,000 for each fiscal year.’.CommentsClose CommentsPermalink
SEC. 301. NANOTECHNOLOGY RESEARCH STRATEGY.
Not later than 1 year after the date of enactment of this Act, the Director of the National Nanotechnology Coordination Office shall, after consultation with appropriate Federal agencies and industry, transmit to the Congress a report containing a nanotechnology research strategy that establishes priorities for the Federal Government and industry that will ensure the development and responsible stewardship of nanotechnology. The report shall include recommendations regarding the funding levels the Director anticipates the agencies charged with implementing this research strategy will require.CommentsClose CommentsPermalink
SEC. 401. CREDIT FOR NANOTECHNOLOGY EDUCATION AND TRAINING PROGRAM EXPENSES.
‘SEC. 30E. NANOTECHNOLOGY EDUCATION AND TRAINING PROGRAM EXPENSES.
‘(1) IN GENERAL- There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of nanotechnology education and training program expenses paid or incurred by the taxpayer for the benefit of--CommentsClose CommentsPermalink
‘(2) COORDINATION OF CREDITS- Credit shall be allowable to the employer with respect to an employee only to the extent that the employee assigns some or all of the limitation applicable to such employee under subsection (b) to such employer.CommentsClose CommentsPermalink
‘(1) IN GENERAL- The amount of expenses with respect to any individual which may be taken into account under subsection (a) for the taxable year shall not exceed $4,000.CommentsClose CommentsPermalink
‘(2) INCREASE IN CREDIT AMOUNT FOR PARTICIPATION IN CERTAIN PROGRAMS AND FOR CERTAIN INDIVIDUALS- Paragraph (1) shall be applied by substituting ‘$5,000’ for ‘$4,000’ in the case of expenses--CommentsClose CommentsPermalink
‘(ii) in a school district in which at least 50 percent of the students attending schools in such district are eligible for free or reduced-cost lunches under the school lunch program established under the Richard B. Russell National School Lunch Act,CommentsClose CommentsPermalink
‘(iii) in an area designated as a disaster area by the Secretary of Agriculture under section 321 of the Consolidated Farm and Rural Development Act or by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act in the taxable year or the 4 preceding taxable years,CommentsClose CommentsPermalink
‘(iv) in a rural enterprise community designated under section 766 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (112 Stat. 2681-37),CommentsClose CommentsPermalink
‘(1) IN GENERAL- The term ‘nanotechnology education and training program expenses’ means expenses paid or incurred by reason of the participation of the taxpayer (or any employee of the taxpayer) in any nanotechnology education and training program. Such expenses shall include expenses paid in connection with--CommentsClose CommentsPermalink
‘(2) NANOTECHNOLOGY EDUCATION AND TRAINING PROGRAM- The term ‘nanotechnology education and training program’ means a training program in nanotechnology workplace disciplines or other skill sets which is provided in the United States by an accredited college, university, private career school, postsecondary educational institution, a commercial nanotechnology provider, or an employer-owned nanotechnology training organization.CommentsClose CommentsPermalink
‘(3) COMMERCIAL NANOTECHNOLOGY TRAINING PROVIDER- The term ‘commercial nanotechnology training provider’ means a private sector organization providing an nanotechnology education and training program.CommentsClose CommentsPermalink
‘(4) EMPLOYER-OWNED NANOTECHNOLOGY TRAINING ORGANIZATION- The term ‘employer-owned nanotechnology training organization’ means a private sector organization that provides nanotechnology training to its employees using internal training development and delivery personnel. The training programs must use industry-recognized training disciplines and evaluation methods, comparable to institutional and commercial training providers.CommentsClose CommentsPermalink
‘(1) DISALLOWANCE OF OTHER CREDITS AND DEDUCTIONS- No deduction or credit shall be allowed under any other provision of this chapter for expenses taken into account in determining the credit under this section.CommentsClose CommentsPermalink
‘(2) REDUCTION FOR HOPE AND LIFETIME LEARNING CREDITS- The amount taken into account under subsection (a) shall be reduced by the nanotechnology education and training program expenses taken into account in determining the credits under section 25A.CommentsClose CommentsPermalink
‘(e) Certain Rules Made Applicable- For purposes of this section, rules similar to the rules of section 45A(e)(2) and subsections (c), (d), and (e) of section 52 shall apply.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following:CommentsClose CommentsPermalink
SEC. 402. ELIGIBLE EDUCATIONAL INSTITUTION.
(b) Conforming Amendment- The second sentence of section 221(d)(2) of the Internal Revenue Code of 1986 is amended by striking ‘section 25A(f)(2)’ and inserting ‘section 25A(f)(2)(A)’.CommentsClose CommentsPermalink
SEC. 403. CURRICULUM DEVELOPMENT PROGRAM.
(a) Establishment- The National Science Foundation shall provide for the establishment, on a merit reviewed and competitive basis, of a grant program for the development of curriculum materials for interdisciplinary nanotechnology courses at institutions of higher education.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There are authorized to be appropriated to the National Science Foundation for carrying out this section $15,000,000 for each of the fiscal years 2012 through 2015.CommentsClose CommentsPermalink
SEC. 404. TRAINING PARTNERSHIPS.
The National Science Foundation, through its Advanced Technological Education program, shall establish a program to encourage manufacturing companies to enter into partnerships with occupational training centers for the development of training to support nanotechnology manufacturing.CommentsClose CommentsPermalink
SEC. 501. INTERACTION BETWEEN SCIENTISTS AND ENGINEERS.
Not later than 6 months after the date of enactment of this Act, the Secretary of Energy shall transmit to the Congress a report containing a strategy for increasing interaction on nanotechnology issues between scientists and engineers at the Department of Energy’s National Laboratories and in the informal science education community, to enable researchers to use their expertise to assist in the development of appropriate nanotechnology exhibitions for school age children and the general public.CommentsClose CommentsPermalink
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