[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.