[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.
[[Page 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 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 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):
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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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