House Shows Nanotech Safety Interest With Bill To Sharpen Federal Plan

The House Committee on Science and Technology will consider legislation crafted to provide strategic direction to the federal research program for nanotechnology.

The National Nanotechnology Initiative Amendments Act of 2009, H.R. 554, introduced Jan. 15, requires the agencies that participate in the NNI - FDA among them - to develop a plan for environmental, health and safety research activities.

The plan should include "a description of how the program will help to ensure the development of certain standards related to engineered nanoscale materials."

The bill requires participating agencies to help fund the program and to set explicit short- and long-term goals, as well as to provide anticipated timeframes for achieving those objectives.

Further, H.R. 554 seeks to promote transparency, charging the National Nanotechnology Coordination Office with developing a public database for federally funded nanotech research projects.

"It is important that potential downsides of [nanotechnology] be addressed from the beginning in a straightforward and open way, both to protect the public health and to allay any concerns about the validity of the results," the bill's sponsor, Rep. Bart Gordon, D-Tenn, says in a same-day statement.

"A thorough, transparent process that ensures the safety of new products will allow both the business community and the public to benefit from the development of these new technologies," adds Gordon, chairman of the Science and Technology Committee.

While an identical bill passed the House last year by a 407-6 vote, the Senate version stalled in committee.

That the House has revived the legislation so early in the new session indicates that nanotech safety is high on Congress' dance card.

According to David Rejeski, director of the Project on Emerging Nanotechnologies at the Woodrow Wilson International Center for Scholars, "the legislation reflects mounting congressional interest in understanding potential risks in order to protect the public and to encourage safe commercial development and investment."

"Lawmakers recognize both nanotechnology's enormous promise and possible problems," Rejeski says in a release.

Nanotechnology, as defined by NNI, is "the understanding and control of matter" measured in billionths of a meter, "where unique phenomena enable novel applications." Because nanoscale particles behave differently from their macro-sized counterparts, they also can pose novel risks.

In the personal care segment, nano-sized titanium dioxide is widely used in sunscreen, as it allows for enhanced protection and aesthetic advantages (¹ (Also see "Report Refutes “Unsubstantiated” Nanotech Concerns, Touts Nano-Sunscreen" - Pink Sheet, 30 Jun, 2008.), p. 14).

Nanotechnology has also proven attractive to dietary supplement firms, some of which have begun employing it in products to increase absorption and bioavailability of nutrients (² (Also see "Solgar Product Launch Brings Nutri-Nano Technology To Supplement Industry" - Pink Sheet, 16 Oct, 2006.), p. 6).

The federal government has allocated approximately $1.5 billion for understanding and managing nanotech risks, according to PEN. Questions on how that budget is being handled and where the funding is being steered have been raised in a number of recent reports calling for greater direction at the federal level.

In December, the National Research Council criticized the federal nanotech agenda, asserting that NNI lacks an overarching research strategy and glosses over the current dearth of studies on how to manage the risks posed by nanotechnology (³ 'The Tan Sheet' Dec. 15, 2008, In Brief).

The NRC report recommends that NNI consider input from non-government sources - including industry, environmental and consumer advocacy groups and other stakeholders - in order to identify weaknesses in its plan.

H.R. 554 similarly calls for industry liaisons to help guide the NNI research agenda and facilitate the transfer of government-funded discoveries to industry so they can be commercialized.

In July, former Environmental Protection Agency official J. Clarence Davies recommended that the Obama administration take measures to strengthen FDA's oversight of nanotechnology used in consumer products (⁴ (Also see "Plan To Ensure Nanotech Safety Calls For Dietary Supplement Regulation" - Pink Sheet, 4 Aug, 2008.), p. 17).

- Molly Laas ([email protected])