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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 189 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                 S. 189

_______________________________________________________________________

                                 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 nanotechnolgy, 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.

            Passed the Senate November 18, 2003.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                                 S. 189

_______________________________________________________________________

                                 AN ACT

   To authorize appropriations for nanoscience, nanoengineering, and 
            nanotechnology research, and for other purposes.
```