    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 1923]]

    Public Law 108-153
    108th Congress

    An Act

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

    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 1924]]
    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 1925]]
    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 1926]]
    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 1927]]
    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 1928]]
    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 1929]]
    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.

    [[Page 1930]]
    117 STAT. 1930

    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 1931]]
    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.

    [[Page 1932]]
    117 STAT. 1932

    (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.