[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 766 Engrossed in House (EH)]


  1st Session

                               H. R. 766

_______________________________________________________________________

                                 AN ACT

   To provide for a National Nanotechnology Research and Development 
                    Program, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                H. R. 766

_______________________________________________________________________

                                 AN ACT


 
   To provide for a National Nanotechnology Research and Development 
                    Program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nanotechnology Research and 
Development Act of 2003''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``advanced technology user facility'' means a 
        nanotechnology research and development facility supported, in 
        whole or in part, by Federal funds that is open to all United 
        States researchers on a competitive, merit-reviewed basis;
            (2) the term ``Advisory Committee'' means the advisory 
        committee established or designated under section 5;
            (3) the term ``Director'' means the Director of the Office 
        of Science and Technology Policy;
            (4) the term ``Interagency Committee'' means the 
        interagency committee established under section 3(c);
            (5) the term ``nanotechnology'' means science and 
        engineering aimed at creating materials, devices, and systems 
        at the atomic and molecular level;
            (6) the term ``Program'' means the National Nanotechnology 
        Research and Development Program described in section 3; and
            (7) the term ``program component area'' means a major 
        subject area established under section 3(c)(2) under which is 
        grouped related individual projects and activities carried out 
        under the Program.

SEC. 3. NATIONAL NANOTECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM.

    (a) In General.--The President shall implement a National 
Nanotechnology Research and Development Program to promote Federal 
nanotechnology research, development, demonstration, education, 
technology transfer, and commercial application activities as necessary 
to ensure continued United States leadership in nanotechnology research 
and development and to ensure effective coordination of nanotechnology 
research and development across Federal agencies.
    (b) Program Activities.--The activities of the Program shall be 
designed to--
            (1) provide sustained support for nanotechnology research 
        and development through--
                    (A) grants to individual investigators and 
                interdisciplinary teams of investigators;
                    (B) establishment of advanced technology user 
                facilities; and
                    (C) establishment of interdisciplinary research 
                centers, which shall--
                            (i) network with each other to foster the 
                        exchange of technical information and best 
                        practices;
                            (ii) involve academic institutions or 
                        national laboratories and other partners, which 
                        may include States and industry;
                            (iii) make use of existing expertise in 
                        nanotechnology in their regions and nationally;
                            (iv) make use of ongoing research and 
                        development at the micrometer scale to support 
                        their work in nanotechnology; and
                            (v) be capable of accelerating the 
                        commercial application of nanotechnology 
                        innovations in the private sector;
            (2) ensure that solicitation and evaluation of proposals 
        under the Program encourage interdisciplinary research;
            (3) expand education and training of undergraduate and 
        graduate students in interdisciplinary nanotechnology science 
        and engineering;
            (4) accelerate the commercial application of nanotechnology 
        innovations in the private sector;
            (5) ensure that societal and ethical concerns, including 
        environmental concerns and the potential implications of human 
        performance enhancement and the possible development of 
        nonhuman intelligence, will be addressed as the technology is 
        developed by--
                    (A) establishing a research program to identify 
                societal and ethical concerns related to 
                nanotechnology, and ensuring that the results of such 
                research are widely disseminated;
                    (B) insofar as possible, integrating research on 
                societal and ethical concerns with nanotechnology 
                research and development, and ensuring that advances in 
                nanotechnology bring about improvements in quality of 
                life for all Americans;
                    (C) requiring that interdisciplinary research 
                centers under paragraph (1)(C) include activities that 
                address societal and ethical concerns; and
                    (D) ensure through the National Nanotechnology 
                Coordination Office established under section 6 and 
                through the agencies and departments that participate 
                in the Program, that public input and outreach to the 
                public are both integrated into nanotechnology research 
                and development and research on societal and ethical 
                concerns by the convening of regular and ongoing public 
                discussions, through mechanisms such as citizens 
                panels, consensus conferences, and educational events, 
                as appropriate; and
            (6) include to the maximum extent practicable diverse 
        institutions, including Historically Black Colleges and 
        Universities and those serving large proportions of Hispanics, 
        Native Americans, Asian-Pacific Americans, or other 
        underrepresented populations.
    (c) Interagency Committee.--The President shall establish or 
designate an interagency committee on nanotechnology research and 
development, which shall include representatives from the Office of 
Science and Technology Policy, the National Science Foundation, the 
Department of Energy, the National Aeronautics and Space 
Administration, the National Institute of Standards and Technology, the 
Environmental Protection Agency, and any other agency that the 
President may designate. The Director shall select a chairperson from 
among the members of the Interagency Committee. The Interagency 
Committee, which shall also include a representative from the Office of 
Management and Budget, shall oversee the planning, management, and 
coordination of the Program. The Interagency Committee shall--
            (1) establish goals and priorities for the Program;
            (2) establish program component areas, with specific 
        priorities and technical goals, that reflect the goals and 
        priorities established for the Program;
            (3) develop, within 6 months after the date of enactment of 
        this Act, and update annually, a strategic plan to meet the 
        goals and priorities established under paragraph (1) and to 
        guide the activities of the program component areas established 
        under paragraph (2);
            (4) propose a coordinated interagency budget for the 
        Program that will ensure the maintenance of a balanced 
        nanotechnology research portfolio and ensure that each agency 
        and each program component area is allocated the level of 
        funding required to meet the goals and priorities established 
        for the Program;
            (5) develop a plan to utilize Federal programs, such as the 
        Small Business Innovation Research Program and the Small 
        Business Technology Transfer Research Program, in support of 
        the goal stated in subsection (b)(4); and
            (6) in carrying out its responsibilities under paragraphs 
        (1) through (5), take into consideration the recommendations of 
        the Advisory Committee, suggestions or recommendations 
        developed pursuant to section 3(b)(5)(D), and the views of 
        academic, State, industry, and other appropriate groups 
        conducting research on and using nanotechnology.

SEC. 4. ANNUAL REPORT.

    The chairperson of the Interagency Committee shall prepare an 
annual report, to be submitted to the Committee on Science of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate at the time of the President's budget 
request to Congress, that includes--
            (1) 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 section 
        3(b)(5);
            (2) 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 section 
        3(b)(5);
            (3) an analysis of the progress made toward achieving the 
        goals and priorities established for the Program;
            (4) an analysis of the extent to which the Program has 
        incorporated the recommendations of the Advisory Committee; and
            (5) an assessment of how Federal agencies are implementing 
        the plan described in section 3(c)(5), and a description of the 
        amount of Small Business Innovative Research and Small Business 
        Technology Transfer Research funds supporting the plan.

SEC. 5. ADVISORY COMMITTEE.

    (a) In General.--The President shall establish or designate an 
advisory committee on nanotechnology consisting of non-Federal members, 
including representatives of research and academic institutions and 
industry, who are qualified to provide advice and information on 
nanotechnology research, development, demonstration, education, 
technology transfer, commercial application, and societal and ethical 
concerns. The recommendations of the Advisory Committee shall be 
considered by Federal agencies in implementing the Program.
    (b) Assessment.--The Advisory Committee shall assess--
            (1) trends and developments in nanotechnology science and 
        engineering;
            (2) progress made in implementing the Program;
            (3) the need to revise the Program;
            (4) the balance among the components of the Program, 
        including funding levels for the program component areas;
            (5) whether the program component areas, priorities, and 
        technical goals developed by the Interagency Committee are 
        helping to maintain United States leadership in nanotechnology;
            (6) the management, coordination, implementation, and 
        activities of the Program; and
            (7) whether societal and ethical concerns, including 
        concerns identified pursuant to section 3(b)(5)(D), are 
        adequately addressed by the Program.
    (c) Reports.--The Advisory Committee shall report not less 
frequently than once every 2 fiscal years to the President on its 
findings of the assessment carried out under subsection (b), its 
recommendations for ways to improve the Program, and the concerns 
assessed under subsection (b)(7). The first report shall be due within 
1 year after the date of enactment of this Act.
    (d) Federal Advisory Committee Act Application.--Section 14 of the 
Federal Advisory Committee Act shall not apply to the Advisory 
Committee.

SEC. 6. NATIONAL NANOTECHNOLOGY COORDINATION OFFICE.

    The President shall establish a National Nanotechnology 
Coordination Office, with full-time staff, which shall--
            (1) provide technical and administrative support to the 
        Interagency Committee and the Advisory Committee;
            (2) serve as a point of contact on Federal nanotechnology 
        activities for government organizations, academia, industry, 
        professional societies, and others to exchange technical and 
        programmatic information; and
            (3) conduct public outreach, including dissemination of 
        findings and recommendations of the Interagency Committee and 
        the Advisory Committee, as appropriate.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) National Science Foundation.--There are authorized to be 
appropriated to the National Science Foundation for carrying out this 
Act--
            (1) $350,000,000 for fiscal year 2004;
            (2) $385,000,000 for fiscal year 2005; and
            (3) $424,000,000 for fiscal year 2006.
    (b) Department of Energy.--There are authorized to be appropriated 
to the Secretary of Energy for carrying out this Act--
            (1) $265,000,000 for fiscal year 2004;
            (2) $292,000,000 for fiscal year 2005; and
            (3) $322,000,000 for fiscal year 2006.
    (c) National Aeronautics and Space Administration.--There are 
authorized to be appropriated to the National Aeronautics and Space 
Administration for carrying out this Act--
            (1) $31,000,000 for fiscal year 2004;
            (2) $34,000,000 for fiscal year 2005; and
            (3) $37,000,000 for fiscal year 2006.
    (d) National Institute of Standards and Technology.--There are 
authorized to be appropriated to the National Institute of Standards 
and Technology for carrying out this Act--
            (1) $62,000,000 for fiscal year 2004;
            (2) $68,000,000 for fiscal year 2005; and
            (3) $75,000,000 for fiscal year 2006.
    (e) Environmental Protection Agency.--There are authorized to be 
appropriated to the Environmental Protection Agency for carrying out 
this Act--
            (1) $5,000,000 for fiscal year 2004;
            (2) $5,500,000 for fiscal year 2005; and
            (3) $6,000,000 for fiscal year 2006.

SEC. 8. EXTERNAL REVIEW OF THE NATIONAL NANOTECHNOLOGY RESEARCH AND 
              DEVELOPMENT PROGRAM.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Director shall enter into an agreement with 
the National Academy of Sciences to conduct periodic reviews of the 
Program. The reviews shall be conducted once every 3 years during the 
10-year period following the enactment of this Act. The reviews shall 
include--
            (1) an evaluation of the technical achievements of the 
        Program;
            (2) recommendations for changes in the Program;
            (3) an evaluation of the relative position of the United 
        States with respect to other nations in nanotechnology research 
        and development;
            (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; and
            (6) an evaluation of the extent to which the Program has 
        adequately considered societal and ethical concerns.
    (b) Study on Molecular Manufacturing.--Not later than 3 years after 
the date of enactment of this Act a review shall be conducted in 
accordance with subsection (a) that includes a study to determine the 
technical feasibility of the manufacture of materials and devices at 
the molecular scale. The study shall--
            (1) examine the current state of the technology for 
        enabling molecular manufacturing;
            (2) determine the key scientific and technical barriers to 
        achieving molecular manufacturing;
            (3) review current and planned research activities that are 
        relevant to advancing the prospects for molecular 
        manufacturing; and
            (4) develop, insofar as possible, a consensus on whether 
        molecular manufacturing is technically feasible, and if found 
        to be feasible--
                    (A) the estimated timeframe in which molecular 
                manufacturing may be possible on a commercial scale; 
                and
                    (B) recommendations for a research agenda necessary 
                to achieve this result.
    (c) Study on Safe Nanotechnology.--Not later than 6 years after the 
date of enactment of this Act a review shall be conducted in accordance 
with subsection (a) that includes a study to assess the need for 
standards, guidelines, or strategies for ensuring the development of 
safe nanotechnology, including those applicable to--
            (1) self-replicating nanoscale machines or devices;
            (2) the release of such machines or devices in natural 
        environments;
            (3) distribution of molecular manufacturing development;
            (4) encryption;
            (5) the development of defensive technologies;
            (6) the use of nanotechnology as human brain extenders; and
            (7) the use of nanotechnology in developing artificial 
        intelligence.

SEC. 9. SCIENCE AND TECHNOLOGY GRADUATE SCHOLARSHIP PROGRAMS.

    (a) Establishment of Programs.--
            (1) In general.--The agency heads shall each establish 
        within their respective departments and agencies a Science and 
        Technology Graduate Scholarship Program to award scholarships 
        to individuals that is designed to recruit and prepare students 
        for careers in the Federal Government that require engineering, 
        scientific, and technical training.
            (2) Competitive process.--Individuals shall be selected to 
        receive scholarships under this section through a competitive 
        process primarily on the basis of academic merit, with 
        consideration given to financial need and the goal of promoting 
        the participation of individuals identified in section 33 or 34 
        of the Science and Engineering Equal Opportunities Act (42 
        U.S.C. 1885a or 1885b).
            (3) Service agreements.--To carry out the Programs the 
        agency heads shall enter into contractual agreements with 
        individuals selected under paragraph (2) under which the 
        individuals agree to serve as full-time employees of the 
        Federal Government, for the period described in subsection 
        (f)(1), in positions needed by the Federal Government and for 
        which the individuals are qualified, in exchange for receiving 
        a scholarship.
    (b) Scholarship Eligibility.--In order to be eligible to 
participate in a Program, an individual must--
            (1) be enrolled or accepted for enrollment as a full-time 
        student at an institution of higher education in an academic 
        field or discipline described in a list made available under 
        subsection (d);
            (2) be a United States citizen or permanent resident; and
            (3) at the time of the initial scholarship award, not be a 
        Federal employee as defined in section 2105 of title 5 of the 
        United States Code.
    (c) Application Required.--An individual seeking a scholarship 
under this section shall submit an application to an agency head at 
such time, in such manner, and containing such information, agreements, 
or assurances as the agency head may require.
    (d) Eligible Academic Programs.--The agency heads shall each make 
publicly available a list of academic programs and fields of study for 
which scholarships under their department's or agency's Program may be 
utilized, and shall update the list as necessary.
    (e) Scholarship Requirement.--
            (1) In general.--Agency heads may provide scholarships 
        under their department's or agency's Program for an academic 
        year if the individual applying for the scholarship has 
        submitted to the agency head, as part of the application 
        required under subsection (c), a proposed academic program 
        leading to a degree in a program or field of study on a list 
        made available under subsection (d).
            (2) Duration of eligibility.--An individual may not receive 
        a scholarship under this section for more than 4 academic 
        years, unless an agency head grants a waiver.
            (3) Scholarship amount.--The dollar amount of a scholarship 
        under this section for an academic year shall be determined 
        under regulations issued by the agency heads, but shall in no 
        case exceed the cost of attendance.
            (4) Authorized uses.--A scholarship provided under this 
        section may be expended for tuition, fees, and other authorized 
        expenses as established by the agency heads by regulation.
            (5) Contracts regarding direct payments to institutions.--
        Each agency head may enter into a contractual agreement with an 
        institution of higher education under which the amounts 
        provided for a scholarship under this section for tuition, 
        fees, and other authorized expenses are paid directly to the 
        institution with respect to which the scholarship is provided.
    (f) Period of Obligated Service.--
            (1) Duration of service.--The period of service for which 
        an individual shall be obligated to serve as an employee of the 
        Federal Government is, except as provided in subsection (h)(2), 
        24 months for each academic year for which a scholarship under 
        this section is provided.
            (2) Schedule for service.--(A) Except as provided in 
        subparagraph (B), obligated service under paragraph (1) shall 
        begin not later than 60 days after the individual obtains the 
        educational degree for which the scholarship was provided.
            (B) An agency head may defer the obligation of an 
        individual to provide a period of service under paragraph (1) 
        if the agency head determines that such a deferral is 
        appropriate. The agency head shall prescribe the terms and 
        conditions under which a service obligation may be deferred 
        through regulation.
    (g) Penalties for Breach of Scholarship Agreement.--
            (1) Failure to complete academic training.--Scholarship 
        recipients who fail to maintain a high level of academic 
        standing, as defined by the appropriate agency head by 
        regulation, who are dismissed from their educational 
        institutions for disciplinary reasons, or who voluntarily 
        terminate academic training before graduation from the 
        educational program for which the scholarship was awarded, 
        shall be in breach of their contractual agreement and, in lieu 
        of any service obligation arising under such agreement, shall 
        be liable to the United States for repayment within 1 year 
        after the date of default of all scholarship funds paid to them 
        and to the institution of higher education on their behalf 
        under the agreement, except as provided in subsection (h)(2). 
        The repayment period may be extended by the agency head when 
        determined to be necessary, as established by regulation.
            (2) Failure to begin or complete the service obligation or 
        meet the terms and conditions of deferment.--Scholarship 
        recipients who, for any reason, fail to begin or complete their 
        service obligation after completion of academic training, or 
        fail to comply with the terms and conditions of deferment 
        established by the appropriate agency head pursuant to 
        subsection (f)(2)(B), shall be in breach of their contractual 
        agreement. When recipients breach their agreements for the 
        reasons stated in the preceding sentence, the recipient shall 
        be liable to the United States for an amount equal to--
                    (A) the total amount of scholarships received by 
                such individual under this section; plus
                    (B) the interest on the amounts of such awards 
                which would be payable if at the time the awards were 
                received they were loans bearing interest at the 
                maximum legal prevailing rate, as determined by the 
                Treasurer of the United States,
        multiplied by 3.
    (h) Waiver or Suspension of Obligation.--
            (1) Death of individual.--Any obligation of an individual 
        incurred under a Program (or a contractual agreement 
        thereunder) for service or payment shall be canceled upon the 
        death of the individual.
            (2) Impossibility or extreme hardship.--The agency heads 
        shall by regulation provide for the partial or total waiver or 
        suspension of any obligation of service or payment incurred by 
        an individual under their department's or agency's Program (or 
        a contractual agreement thereunder) whenever compliance by the 
        individual is impossible or would involve extreme hardship to 
        the individual, or if enforcement of such obligation with 
        respect to the individual would be contrary to the best 
        interests of the Government.
    (i) Definitions.--In this section the following definitions apply:
            (1) Agency head.--The term ``agency head'' means the 
        Director of the National Science Foundation, the Secretary of 
        Energy, the Administrator of the National Aeronautics and Space 
        Administration, the Director of the National Institute of 
        Standards and Technology, or the Administrator of the 
        Environmental Protection Agency.
            (2) Cost of attendance.--The term ``cost of attendance'' 
        has the meaning given that term in section 472 of the Higher 
        Education Act of 1965 (20 U.S.C. 1087ll).
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given that 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (4) Program.--The term ``Program'' means a Science and 
        Technology Graduate Scholarship Program established under this 
        section.

            Passed the House of Representatives May 7, 2003.

            Attest:

                                                                 Clerk.