[108th Congress Public Law 153]
[From the U.S. Government Printing Office]


[DOCID: f:publ153.108]

[[Page 117 STAT. 1923]]

Public Law 108-153
108th Congress

                                 An Act


 
 To authorize appropriations for nanoscience,  nanoengineering, and 
nanotechnology research, and for other purposes. 
<<NOTE: Dec. 3, 2003 -  [S. 189]>>  

    Be it enacted by the Senate and House of <<NOTE: 21st Century 
Nanotechnology Research and Development Act.>> Representatives of the 
United States of America in Congress assembled,

SECTION 1. <<NOTE: 15 USC 7501 note.>> SHORT TITLE.

    This Act may be cited as the ``21st Century Nanotechnology Research 
and Development Act''.

SEC. 2. <<NOTE: 15 USC 7501.>> NATIONAL NANOTECHNOLOGY PROGRAM.

    (a) National <<NOTE: President.>> 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

[[Page 117 STAT. 1924]]

                    (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--

[[Page 117 STAT. 1925]]

            (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) <<NOTE: Deadlines. Guidelines.>> 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--

[[Page 117 STAT. 1926]]

            (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 <<NOTE: President. Establishment.>> 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.-- <<NOTE: Deadline.>> 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.

[[Page 117 STAT. 1927]]

SEC. 4. <<NOTE: 15 USC 7503.>> ADVISORY PANEL.

    (a) In <<NOTE: President. Establishment.>> 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.-- <<NOTE: Deadlines.>> 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.

[[Page 117 STAT. 1928]]

SEC. 5.  <<NOTE: 15 USC 7504.>> 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;

[[Page 117 STAT. 1929]]

            (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 <<NOTE: Deadlines.>> 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. <<NOTE: 15 USC 7505.>> 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.

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SEC. 7. <<NOTE: 15 USC 7506.>> 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.-- <<NOTE: Establishment.>> 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. <<NOTE: 15 USC 7507.>> 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. <<NOTE: Establishment. 15 USC 7508.>> 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

[[Page 117 STAT. 1931]]

        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.-- <<NOTE: Deadlines.>> 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. <<NOTE: 15 USC 7509.>> 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.

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            (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.

    Approved December 3, 2003.

LEGISLATIVE HISTORY--S. 189 (H.R. 766):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-89 accompanying H.R. 766 (Comm. on Science).
SENATE REPORTS: No. 108-147 (Comm. on Commerce, Science, and 
Transportation).
CONGRESSIONAL RECORD, Vol. 149 (2003):
            Nov. 18, considered and passed Senate.
            Nov. 20, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
            Dec. 3, Presidential statement.

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