[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 189 Enrolled Bill (ENR)]
S.189
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
To authorize appropriations for nanoscience, nanoengineering, and
nanotechnology research, 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 ``21st Century Nanotechnology Research
and Development Act''.
SEC. 2. NATIONAL NANOTECHNOLOGY PROGRAM.
(a) National Nanotechnology Program.--The President shall implement
a National Nanotechnology Program. Through appropriate agencies,
councils, and the National Nanotechnology Coordination Office
established in section 3, the Program shall--
(1) establish the goals, priorities, and metrics for evaluation
for Federal nanotechnology research, development, and other
activities;
(2) invest in Federal research and development programs in
nanotechnology and related sciences to achieve those goals; and
(3) provide for interagency coordination of Federal
nanotechnology research, development, and other activities
undertaken pursuant to the Program.
(b) Program Activities.--The activities of the Program shall
include--
(1) developing a fundamental understanding of matter that
enables control and manipulation at the nanoscale;
(2) providing grants to individual investigators and
interdisciplinary teams of investigators;
(3) establishing a network of advanced technology user
facilities and centers;
(4) establishing, on a merit-reviewed and competitive basis,
interdisciplinary nanotechnology research centers, which shall--
(A) interact and collaborate to foster the exchange of
technical information and best practices;
(B) involve academic institutions or national laboratories
and other partners, which may include States and industry;
(C) make use of existing expertise in nanotechnology in
their regions and nationally;
(D) make use of ongoing research and development at the
micrometer scale to support their work in nanotechnology; and
(E) to the greatest extent possible, be established in
geographically diverse locations, encourage the participation
of Historically Black Colleges and Universities that are part B
institutions as defined in section 322(2) of the Higher
Education Act of 1965 (20 U.S.C. 1061(2)) and minority
institutions (as defined in section 365(3) of that Act (20
U.S.C. 1067k(3))), and include institutions located in States
participating in the Experimental Program to Stimulate
Competitive Research (EPSCoR);
(5) ensuring United States global leadership in the development
and application of nanotechnology;
(6) advancing the United States productivity and industrial
competitiveness through stable, consistent, and coordinated
investments in long-term scientific and engineering research in
nanotechnology;
(7) accelerating the deployment and application of
nanotechnology research and development in the private sector,
including startup companies;
(8) encouraging interdisciplinary research, and ensuring that
processes for solicitation and evaluation of proposals under the
Program encourage interdisciplinary projects and collaborations;
(9) providing effective education and training for researchers
and professionals skilled in the interdisciplinary perspectives
necessary for nanotechnology so that a true interdisciplinary
research culture for nanoscale science, engineering, and technology
can emerge;
(10) ensuring that ethical, legal, environmental, and other
appropriate societal concerns, including the potential use of
nanotechnology in enhancing human intelligence and in developing
artificial intelligence which exceeds human capacity, are
considered during the development of nanotechnology by--
(A) establishing a research program to identify ethical,
legal, environmental, and other appropriate societal concerns
related to nanotechnology, and ensuring that the results of
such research are widely disseminated;
(B) requiring that interdisciplinary nanotechnology
research centers established under paragraph (4) include
activities that address societal, ethical, and environmental
concerns;
(C) insofar as possible, integrating research on societal,
ethical, and environmental concerns with nanotechnology
research and development, and ensuring that advances in
nanotechnology bring about improvements in quality of life for
all Americans; and
(D) providing, through the National Nanotechnology
Coordination Office established in section 3, for public input
and outreach to be integrated into the Program by the convening
of regular and ongoing public discussions, through mechanisms
such as citizens' panels, consensus conferences, and
educational events, as appropriate; and
(11) encouraging research on nanotechnology advances that
utilize existing processes and technologies.
(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) establish goals and priorities for the Program, based on
national needs for a set of broad applications of nanotechnology;
(2) establish program component areas, with specific priorities
and technical goals, that reflect the goals and priorities
established for the Program;
(3) oversee interagency coordination of the Program, including
with the activities of the Defense Nanotechnology Research and
Development Program established under section 246 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public Law
107-314) and the National Institutes of Health;
(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;
(5) propose a coordinated interagency budget for the Program to
the Office of Management and Budget to ensure the maintenance of a
balanced nanotechnology research portfolio and an appropriate level
of research effort;
(6) exchange information with academic, industry, State and
local government (including State and regional nanotechnology
programs), and other appropriate groups conducting research on and
using nanotechnology;
(7) 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 activity
stated in subsection (b)(7);
(8) identify research areas that are not being adequately
addressed by the agencies' current research programs and address
such research areas;
(9) encourage progress on Program activities through the
utilization of existing manufacturing facilities and industrial
infrastructures such as, but not limited to, the employment of
underutilized manufacturing facilities in areas of high
unemployment as production engineering and research testbeds; and
(10) in carrying out its responsibilities under paragraphs (1)
through (9), take into consideration the recommendations of the
Advisory Panel, suggestions or recommendations developed pursuant
to subsection (b)(10)(D), and the views of academic, State,
industry, and other appropriate groups conducting research on and
using nanotechnology.
(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 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) 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) 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 Panel; and
(5) 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.
SEC. 3. PROGRAM COORDINATION.
(a) In General.--The President shall establish a National
Nanotechnology Coordination Office, with a Director and full-time
staff, which shall--
(1) provide technical and administrative support to the Council
and the Advisory Panel;
(2) serve as the point of contact on Federal nanotechnology
activities for government organizations, academia, industry,
professional societies, State nanotechnology programs, interested
citizen groups, and others to exchange technical and programmatic
information;
(3) conduct public outreach, including dissemination of
findings and recommendations of the Advisory Panel, as appropriate;
and
(4) 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, including startup
companies.
(b) Funding.--The National Nanotechnology Coordination Office shall
be funded through interagency funding in accordance with section 631 of
Public Law 108-7.
(c) Report.--Within 90 days after the date of enactment of this
Act, the Director of the Office of Science and Technology Policy shall
report to the Senate Committee on Commerce, Science, and
Transportation, and the House of Representatives Committee on Science
on the funding of the National Nanotechnology Coordination Office. The
report shall include--
(1) the amount of funding required to adequately fund the
Office;
(2) the adequacy of existing mechanisms to fund this Office;
and
(3) the actions taken by the Director to ensure stable funding
of this Office.
SEC. 4. ADVISORY PANEL.
(a) In General.--The President shall establish or designate a
National Nanotechnology Advisory Panel.
(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.
(c) Duties.--The Advisory Panel shall advise the President and the
Council on matters relating to the Program, including assessing--
(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 Council are helping to maintain
United States leadership in nanotechnology;
(6) the management, coordination, implementation, and
activities of the Program; and
(7) whether societal, ethical, legal, environmental, and
workforce concerns are adequately addressed by the Program.
(d) Reports.--The Advisory Panel shall report, not less frequently
than once every 2 fiscal years, to the President on its assessments
under subsection (c) and its recommendations for ways to improve the
Program. The first report under this subsection shall be submitted
within 1 year after the date of enactment of this Act. The Director of
the Office of Science and Technology Policy shall transmit a copy of
each report under this subsection to the Senate Committee on Commerce,
Science, and Technology, the House of Representatives Committee on
Science, and other appropriate committees of the Congress.
(e) Travel Expenses of Non-Federal Members.--Non-Federal members of
the Advisory Panel, while attending meetings of the Advisory Panel or
while otherwise serving at the request of the head of the Advisory
Panel away from their homes or regular places of business, may be
allowed travel expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code, for
individuals in the government serving without pay. Nothing in this
subsection shall be construed to prohibit members of the Advisory Panel
who are officers or employees of the United States from being allowed
travel expenses, including per diem in lieu of subsistence, in
accordance with existing law.
(f) Exemption from Sunset.--Section 14 of the Federal Advisory
Committee Act shall not apply to the Advisory Panel.
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. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) National Science Foundation.--There are authorized to be
appropriated to the Director of the National Science Foundation to
carry out the Director's responsibilities under this Act--
(1) $385,000,000 for fiscal year 2005;
(2) $424,000,000 for fiscal year 2006;
(3) $449,000,000 for fiscal year 2007; and
(4) $476,000,000 for fiscal year 2008.
(b) Department of Energy.--There are authorized to be appropriated
to the Secretary of Energy to carry out the Secretary's
responsibilities under this Act--
(1) $317,000,000 for fiscal year 2005;
(2) $347,000,000 for fiscal year 2006;
(3) $380,000,000 for fiscal year 2007; and
(4) $415,000,000 for fiscal year 2008.
(c) National Aeronautics and Space Administration.--There are
authorized to be appropriated to the Administrator of the National
Aeronautics and Space Administration to carry out the Administrator's
responsibilities under this Act--
(1) $34,100,000 for fiscal year 2005;
(2) $37,500,000 for fiscal year 2006;
(3) $40,000,000 for fiscal year 2007; and
(4) $42,300,000 for fiscal year 2008.
(d) National Institute of Standards and Technology.--There are
authorized to be appropriated to the Director of the National Institute
of Standards and Technology to carry out the Director's
responsibilities under this Act--
(1) $68,200,000 for fiscal year 2005;
(2) $75,000,000 for fiscal year 2006;
(3) $80,000,000 for fiscal year 2007; and
(4) $84,000,000 for fiscal year 2008.
(e) Environmental Protection Agency.--There are authorized to be
appropriated to the Administrator of the Environmental Protection
Agency to carry out the Administrator's responsibilities under this
Act--
(1) $5,500,000 for fiscal year 2005;
(2) $6,050,000 for fiscal year 2006;
(3) $6,413,000 for fiscal year 2007; and
(4) $6,800,000 for fiscal year 2008.
SEC. 7. DEPARTMENT OF COMMERCE PROGRAMS.
(a) NIST Programs.--The Director of the National Institute of
Standards and Technology shall--
(1) as part of the Program activities under section 2(b)(7),
establish a program to conduct basic research on issues related to
the development and manufacture of nanotechnology, including
metrology; reliability and quality assurance; processes control;
and manufacturing best practices; and
(2) utilize the Manufacturing Extension Partnership program to
the extent possible to ensure that the research conducted under
paragraph (1) reaches small- and medium-sized manufacturing
companies.
(b) Clearinghouse.--The Secretary of Commerce or his designee, in
consultation with the National Nanotechnology Coordination Office and,
to the extent possible, utilizing resources at the National Technical
Information Service, shall establish a clearinghouse of information
related to commercialization of nanotechnology research, including
information relating to activities by regional, State, and local
commercial nanotechnology initiatives; transition of research,
technologies, and concepts from Federal nanotechnology research and
development programs into commercial and military products; best
practices by government, universities and private sector laboratories
transitioning technology to commercial use; examples of ways to
overcome barriers and challenges to technology deployment; and use of
manufacturing infrastructure and workforce.
SEC. 8. DEPARTMENT OF ENERGY PROGRAMS.
(a) Research Consortia.--
(1) Department of energy program.--The Secretary of Energy
shall establish a program to support, on a merit-reviewed and
competitive basis, consortia to conduct interdisciplinary
nanotechnology research and development designed to integrate newly
developed nanotechnology and microfluidic tools with systems
biology and molecular imaging.
(2) Authorization of appropriations.--Of the sums authorized
for the Department of Energy under section 6(b), $25,000,000 shall
be used for each fiscal year 2005 through 2008 to carry out this
section. Of these amounts, not less than $10,000,000 shall be
provided to at least 1 consortium for each fiscal year.
(b) Research Centers and Major Instrumentation.--The Secretary of
Energy shall carry out projects to develop, plan, construct, acquire,
operate, or support special equipment, instrumentation, or facilities
for investigators conducting research and development in
nanotechnology.
SEC. 9. ADDITIONAL CENTERS.
(a) American Nanotechnology Preparedness Center.--The Program shall
provide for the establishment, on a merit-reviewed and competitive
basis, of an American Nanotechnology Preparedness Center which shall--
(1) conduct, coordinate, collect, and disseminate studies on
the societal, ethical, environmental, educational, legal, and
workforce implications of nanotechnology; and
(2) identify anticipated issues related to the responsible
research, development, and application of nanotechnology, as well
as provide recommendations for preventing or addressing such
issues.
(b) Center for Nanomaterials Manufacturing.--The Program shall
provide for the establishment, on a merit reviewed and competitive
basis, of a center to--
(1) encourage, conduct, coordinate, commission, collect, and
disseminate research on new manufacturing technologies for
materials, devices, and systems with new combinations of
characteristics, such as, but not limited to, strength, toughness,
density, conductivity, flame resistance, and membrane separation
characteristics; and
(2) develop mechanisms to transfer such manufacturing
technologies to United States industries.
(c) Reports.--The Council, through the Director of the National
Nanotechnology Coordination Office, shall submit to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Science--
(1) within 6 months after the date of enactment of this Act, a
report identifying which agency shall be the lead agency and which
other agencies, if any, will be responsible for establishing the
Centers described in this section; and
(2) within 18 months after the date of enactment of this Act, a
report describing how the Centers described in this section have
been established.
SEC. 10. DEFINITIONS.
In this Act:
(1) Advisory panel.--The term ``Advisory Panel'' means the
President's National Nanotechnology Advisory Panel established or
designated under section 4.
(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.
(3) Program.--The term ``Program'' means the National
Nanotechnology Program established under section 2.
(4) Council.--The term ``Council'' means the National Science
and Technology Council or an appropriate subgroup designated by the
Council under section 2(c).
(5) Advanced technology user facility.--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.
(6) Program component area.--The term ``program component
area'' means a major subject area established under section 2(c)(2)
under which is grouped related individual projects and activities
carried out under the Program.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.