108TH CONGRESS

1ST SESSION S. 189

AN ACT

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

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘21st Century

5 Nanotechnology Research and Development Act’’.
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1 SEC. 2. NATIONAL NANOTECHNOLOGY PROGRAM.

2 (a) NATIONAL NANOTECHNOLOGY PROGRAM.—The

3 President shall implement a National Nanotechnology

4 Program. Through appropriate agencies, councils, and the

5 National Nanotechnology Coordination Office established

6 in section 3, the Program shall—

7 (1) establish the goals, priorities, and metrics

8 for evaluation for Federal nanotechnology research,

9 development, and other activities;

10 (2) invest in Federal research and development

11 programs in nanotechnology and related sciences to

12 achieve those goals; and

13 (3) provide for interagency coordination of Fed14 eral nanotechnology research, development, and

15 other activities undertaken pursuant to the Pro16 gram.

17 (b) PROGRAM ACTIVITIES.—The activities of the Pro18 gram shall include—

19 (1) developing a fundamental understanding of

20 matter that enables control and manipulation at the

21 nanoscale;

22 (2) providing grants to individual investigators

23 and interdisciplinary teams of investigators;

24 (3) establishing a network of advanced tech25 nology user facilities and centers;
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1 (4) establishing, on a merit-reviewed and com2 petitive basis, interdisciplinary nanotechnology re3 search centers, which shall—

4 (A) interact and collaborate to foster the

5 exchange of technical information and best

6 practices;

7 (B) involve academic institutions or na8 tional laboratories and other partners, which

9 may include States and industry;

10 (C) make use of existing expertise in

11 nanotechnology in their regions and nationally;

12 (D) make use of ongoing research and de13 velopment at the micrometer scale to support

14 their work in nanotechnology; and

15 (E) to the greatest extent possible, be es16 tablished in geographically diverse locations, en17 courage the participation of Historically Black

18 Colleges and Universities that are part B insti19 tutions as defined in section 322(2) of the

20 Higher Education Act of 1965 (20 U.S.C.

21 1061(2)) and minority institutions (as defined

22 in section 365(3) of that Act (20 U.S.C.

23 1067k(3))), and include institutions located in

24 States participating in the Experimental Pro-
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1 gram to Stimulate Competitive Research

2 (EPSCoR);

3 (5) ensuring United States global leadership in

4 the development and application of nanotechnology;

5 (6) advancing the United States productivity

6 and industrial competitiveness through stable, con7 sistent, and coordinated investments in long-term

8 scientific and engineering research in

9 nanotechnology;

10 (7) accelerating the deployment and application

11 of nanotechnology research and development in the

12 private sector, including startup companies;

13 (8) encouraging interdisciplinary research, and

14 ensuring that processes for solicitation and evalua15 tion of proposals under the Program encourage

16 interdisciplinary projects and collaborations;

17 (9) providing effective education and training

18 for researchers and professionals skilled in the inter19 disciplinary perspectives necessary for

20 nanotechnology so that a true interdisciplinary re21 search culture for nanoscale science, engineering,

22 and technology can emerge;

23 (10) ensuring that ethical, legal, environmental,

24 and other appropriate societal concerns, including

25 the potential use of nanotechnology in enhancing
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1 human intelligence and in developing artificial intel2 ligence which exceeds human capacity, are consid3 ered during the development of nanotechnology by—

4 (A) establishing a research program to

5 identify ethical, legal, environmental, and other

6 appropriate societal concerns related to

7 nanotechnology, and ensuring that the results

8 of such research are widely disseminated;

9 (B) requiring that interdisciplinary

10 nanotechnology research centers established

11 under paragraph (4) include activities that ad12 dress societal, ethical, and environmental con13 cerns;

14 (C) insofar as possible, integrating re15 search on societal, ethical, and environmental

16 concerns with nanotechnology research and de17 velopment, and ensuring that advances in

18 nanotechnology bring about improvements in

19 quality of life for all Americans; and

20 (D) providing, through the National

21 Nanotechnology Coordination Office established

22 in section 3, for public input and outreach to be

23 integrated into the Program by the convening

24 of regular and ongoing public discussions,

25 through mechanisms such as citizens’ panels,
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1 consensus conferences, and educational events,

2 as appropriate; and

3 (11) encouraging research on nanotechnology

4 advances that utilize existing processes and tech5 nologies.

6 (c) PROGRAM MANAGEMENT.—The National Science

7 and Technology Council shall oversee the planning, man8 agement, and coordination of the Program. The Council,

9 itself or through an appropriate subgroup it designates or

10 establishes, shall—

11 (1) establish goals and priorities for the Pro12 gram, based on national needs for a set of broad ap13 plications of nanotechnology;

14 (2) establish program component areas, with

15 specific priorities and technical goals, that reflect the

16 goals and priorities established for the Program;

17 (3) oversee interagency coordination of the Pro18 gram, including with the activities of the Defense

19 Nanotechnology Research and Development Pro20 gram established under section 246 of the Bob

21 Stump National Defense Authorization Act for Fis22 cal Year 2003 (Public Law 107–314) and the Na23 tional Institutes of Health;

24 (4) develop, within 12 months after the date of

25 enactment of this Act, and update every 3 years
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1 thereafter, a strategic plan to guide the activities de2 scribed under subsection (b), meet the goals, prior3 ities, and anticipated outcomes of the participating

4 agencies, and describe—

5 (A) how the Program will move results out

6 of the laboratory and into application for the

7 benefit of society;

8 (B) the Program’s support for long-term

9 funding for interdisciplinary research and devel10 opment in nanotechnology; and

11 (C) the allocation of funding for inter12 agency nanotechnology projects;

13 (5) propose a coordinated interagency budget

14 for the Program to the Office of Management and

15 Budget to ensure the maintenance of a balanced

16 nanotechnology research portfolio and an appro17 priate level of research effort;

18 (6) exchange information with academic, indus19 try, State and local government (including State and

20 regional nanotechnology programs), and other ap21 propriate groups conducting research on and using

22 nanotechnology;

23 (7) develop a plan to utilize Federal programs,

24 such as the Small Business Innovation Research

25 Program and the Small Business Technology Trans-
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1 fer Research Program, in support of the activity

2 stated in subsection (b)(7);

3 (8) identify research areas that are not being

4 adequately addressed by the agencies’ current re5 search programs and address such research areas;

6 (9) encourage progress on Program activities

7 through the utilization of existing manufacturing fa8 cilities and industrial infrastructures such as, but

9 not limited to, the employment of underutilized man10 ufacturing facilities in areas of high unemployment

11 as production engineering and research testbeds; and

12 (10) in carrying out its responsibilities under

13 paragraphs (1) through (9), take into consideration

14 the recommendations of the Advisory Panel, sugges15 tions or recommendations developed pursuant to

16 subsection (b)(10)(D), and the views of academic,

17 State, industry, and other appropriate groups con18 ducting research on and using nanotechnology.

19 (d) ANNUAL REPORT.—The Council shall prepare an

20 annual report, to be submitted to the Senate Committee

21 on Commerce, Science, and Transportation and the House

22 of Representatives Committee on Science, and other ap23 propriate committees, at the time of the President’s budg24 et request to Congress, that includes—
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1 (1) the Program budget, for the current fiscal

2 year, for each agency that participates in the Pro3 gram, including a breakout of spending for the de4 velopment and acquisition of research facilities and

5 instrumentation, for each program component area,

6 and for all activities pursuant to subsection (b)(10);

7 (2) the proposed Program budget for the next

8 fiscal year, for each agency that participates in the

9 Program, including a breakout of spending for the

10 development and acquisition of research facilities

11 and instrumentation, for each program component

12 area, and for all activities pursuant to subsection

13 (b)(10);

14 (3) an analysis of the progress made toward

15 achieving the goals and priorities established for the

16 Program;

17 (4) an analysis of the extent to which the Pro18 gram has incorporated the recommendations of the

19 Advisory Panel; and

20 (5) an assessment of how Federal agencies are

21 implementing the plan described in subsection

22 (c)(7), and a description of the amount of Small

23 Business Innovative Research and Small Business

24 Technology Transfer Research funds supporting the

25 plan.
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1 SEC. 3. PROGRAM COORDINATION.

2 (a) IN GENERAL.—The President shall establish a

3 National Nanotechnology Coordination Office, with a Di4 rector and full-time staff, which shall—

5 (1) provide technical and administrative support

6 to the Council and the Advisory Panel;

7 (2) serve as the point of contact on Federal

8 nanotechnology activities for government organiza9 tions, academia, industry, professional societies,

10 State nanotechnology programs, interested citizen

11 groups, and others to exchange technical and pro12 grammatic information;

13 (3) conduct public outreach, including dissemi14 nation of findings and recommendations of the Advi15 sory Panel, as appropriate; and

16 (4) promote access to and early application of

17 the technologies, innovations, and expertise derived

18 from Program activities to agency missions and sys19 tems across the Federal Government, and to United

20 States industry, including startup companies.

21 (b) FUNDING.—The National Nanotechnology Co22 ordination Office shall be funded through interagency

23 funding in accordance with section 631 of Public Law

24 108–7.

25 (c) REPORT.—Within 90 days after the date of enact26 ment of this Act, the Director of the Office of Science and
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1 Technology Policy shall report to the Senate Committee

2 on Commerce, Science, and Transportation, and the

3 House of Representatives Committee on Science on the

4 funding of the National Nanotechnology Coordination Of5 fice. The report shall include—

6 (1) the amount of funding required to ade7 quately fund the Office;

8 (2) the adequacy of existing mechanisms to

9 fund this Office; and

10 (3) the actions taken by the Director to ensure

11 stable funding of this Office.

12 SEC. 4. ADVISORY PANEL.

13 (a) IN GENERAL.—The President shall establish or

14 designate a National Nanotechnology Advisory Panel.

15 (b) QUALIFICATIONS.—The Advisory Panel estab16 lished or designated by the President under subsection (a)

17 shall consist primarily of members from academic institu18 tions and industry. Members of the Advisory Panel shall

19 be qualified to provide advice and information on

20 nanotechnology research, development, demonstrations,

21 education, technology transfer, commercial application, or

22 societal and ethical concerns. In selecting or designating

23 an Advisory Panel, the President may also seek and give

24 consideration to recommendations from the Congress, in25 dustry, the scientific community (including the National
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1 Academy of Sciences, scientific professional societies, and

2 academia), the defense community, State and local govern3 ments, regional nanotechnology programs, and other ap4 propriate organizations.

5 (c) DUTIES.—The Advisory Panel shall advise the

6 President and the Council on matters relating to the Pro7 gram, including assessing—

8 (1) trends and developments in nanotechnology

9 science and engineering;

10 (2) progress made in implementing the Pro11 gram;

12 (3) the need to revise the Program;

13 (4) the balance among the components of the

14 Program, including funding levels for the program

15 component areas;

16 (5) whether the program component areas, pri17 orities, and technical goals developed by the Council

18 are helping to maintain United States leadership in

19 nanotechnology;

20 (6) the management, coordination, implementa21 tion, and activities of the Program; and

22 (7) whether societal, ethical, legal, environ23 mental, and workforce concerns are adequately ad24 dressed by the Program.
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1 (d) REPORTS.—The Advisory Panel shall report, not

2 less frequently than once every 2 fiscal years, to the Presi3 dent on its assessments under subsection (c) and its rec4 ommendations for ways to improve the Program. The first

5 report under this subsection shall be submitted within 1

6 year after the date of enactment of this Act. The Director

7 of the Office of Science and Technology Policy shall trans8 mit a copy of each report under this subsection to the Sen9 ate Committee on Commerce, Science, and Technology,

10 the House of Representatives Committee on Science, and

11 other appropriate committees of the Congress.

12 (e) TRAVEL EXPENSES OF NON-FEDERAL MEM13 BERS.—Non-Federal members of the Advisory Panel,

14 while attending meetings of the Advisory Panel or while

15 otherwise serving at the request of the head of the Advi16 sory Panel away from their homes or regular places of

17 business, may be allowed travel expenses, including per

18 diem in lieu of subsistence, as authorized by section 5703

19 of title 5, United States Code, for individuals in the gov20 ernment serving without pay. Nothing in this subsection

21 shall be construed to prohibit members of the Advisory

22 Panel who are officers or employees of the United States

23 from being allowed travel expenses, including per diem in

24 lieu of subsistence, in accordance with existing law.
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1 (f) EXEMPTION FROM SUNSET.—Section 14 of the

2 Federal Advisory Committee Act shall not apply to the

3 Advisory Panel.

4 SEC. 5. TRIENNIAL EXTERNAL REVIEW OF THE NATIONAL

5 NANOTECHNOLOGY PROGRAM.

6 (a) IN GENERAL.—The Director of the National

7 Nanotechnology Coordination Office shall enter into an ar8 rangement with the National Research Council of the Na9 tional Academy of Sciences to conduct a triennial evalua10 tion of the Program, including—

11 (1) an evaluation of the technical accomplish12 ments of the Program, including a review of whether

13 the Program has achieved the goals under the

14 metrics established by the Council;

15 (2) a review of the Program’s management and

16 coordination across agencies and disciplines;

17 (3) a review of the funding levels at each agen18 cy for the Program’s activities and the ability of

19 each agency to achieve the Program’s stated goals

20 with that funding;

21 (4) an evaluation of the Program’s success in

22 transferring technology to the private sector;

23 (5) an evaluation of whether the Program has

24 been successful in fostering interdisciplinary re25 search and development;
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1 (6) an evaluation of the extent to which the

2 Program has adequately considered ethical, legal,

3 environmental, and other appropriate societal con4 cerns;

5 (7) recommendations for new or revised Pro6 gram goals;

7 (8) recommendations for new research areas,

8 partnerships, coordination and management mecha9 nisms, or programs to be established to achieve the

10 Program’s stated goals;

11 (9) recommendations on policy, program, and

12 budget changes with respect to nanotechnology re13 search and development activities;

14 (10) recommendations for improved metrics to

15 evaluate the success of the Program in accom16 plishing its stated goals;

17 (11) a review of the performance of the Na18 tional Nanotechnology Coordination Office and its

19 efforts to promote access to and early application of

20 the technologies, innovations, and expertise derived

21 from Program activities to agency missions and sys22 tems across the Federal Government and to United

23 States industry;

24 (12) an analysis of the relative position of the

25 United States compared to other nations with re-
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1 spect to nanotechnology research and development,

2 including the identification of any critical research

3 areas where the United States should be the world

4 leader to best achieve the goals of the Program; and

5 (13) an analysis of the current impact of

6 nanotechnology on the United States economy and

7 recommendations for increasing its future impact.

8 (b) STUDY ON MOLECULAR SELF-ASSEMBLY.—As

9 part of the first triennial review conducted in accordance

10 with subsection (a), the National Research Council shall

11 conduct a one-time study to determine the technical feasi12 bility of molecular self-assembly for the manufacture of

13 materials and devices at the molecular scale.

14 (c) STUDY ON THE RESPONSIBLE DEVELOPMENT OF

15 NANOTECHNOLOGY.—As part of the first triennial review

16 conducted in accordance with subsection (a), the National

17 Research Council shall conduct a one-time study to assess

18 the need for standards, guidelines, or strategies for ensur19 ing the responsible development of nanotechnolgy, includ20 ing, but not limited to—

21 (1) self-replicating nanoscale machines or de22 vices;

23 (2) the release of such machines in natural en24 vironments;

25 (3) encryption;
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1 (4) the development of defensive technologies;

2 (5) the use of nanotechnology in the enhance3 ment of human intelligence; and

4 (6) the use of nanotechnology in developing ar5 tificial intelligence.

6 (d) EVALUATION TO BE TRANSMITTED TO CON7 GRESS.—The Director of the National Nanotechnology

8 Coordination Office shall transmit the results of any eval9 uation for which it made arrangements under subsection

10 (a) to the Advisory Panel, the Senate Committee on Com11 merce, Science, and Transportation and the House of Rep12 resentatives Committee on Science upon receipt. The first

13 such evaluation shall be transmitted no later than June

14 10, 2005, with subsequent evaluations transmitted to the

15 Committees every 3 years thereafter.

16 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

17 (a) NATIONAL SCIENCE FOUNDATION.—There are

18 authorized to be appropriated to the Director of the Na19 tional Science Foundation to carry out the Director’s re20 sponsibilities under this Act—

21 (1) $385,000,000 for fiscal year 2005;

22 (2) $424,000,000 for fiscal year 2006;

23 (3) $449,000,000 for fiscal year 2007; and

24 (4) $476,000,000 for fiscal year 2008.
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1 (b) DEPARTMENT OF ENERGY.—There are author2 ized to be appropriated to the Secretary of Energy to carry

3 out the Secretary’s responsibilities under this Act—

4 (1) $317,000,000 for fiscal year 2005;

5 (2) $347,000,000 for fiscal year 2006;

6 (3) $380,000,000 for fiscal year 2007; and

7 (4) $415,000,000 for fiscal year 2008.

8 (c) NATIONAL AERONAUTICS AND SPACE ADMINIS9 TRATION.—There are authorized to be appropriated to the

10 Administrator of the National Aeronautics and Space Ad11 ministration to carry out the Administrator’s responsibil12 ities under this Act—

13 (1) $34,100,000 for fiscal year 2005;

14 (2) $37,500,000 for fiscal year 2006;

15 (3) $40,000,000 for fiscal year 2007; and

16 (4) $42,300,000 for fiscal year 2008.

17 (d) NATIONAL INSTITUTE OF STANDARDS AND

18 TECHNOLOGY.—There are authorized to be appropriated

19 to the Director of the National Institute of Standards and

20 Technology to carry out the Director’s responsibilities

21 under this Act—

22 (1) $68,200,000 for fiscal year 2005;

23 (2) $75,000,000 for fiscal year 2006;

24 (3) $80,000,000 for fiscal year 2007; and

25 (4) $84,000,000 for fiscal year 2008.
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1 (e) ENVIRONMENTAL PROTECTION AGENCY.—There

2 are authorized to be appropriated to the Administrator of

3 the Environmental Protection Agency to carry out the Ad4 ministrator’s responsibilities under this Act—

5 (1) $5,500,000 for fiscal year 2005;

6 (2) $6,050,000 for fiscal year 2006;

7 (3) $6,413,000 for fiscal year 2007; and

8 (4) $6,800,000 for fiscal year 2008.

9 SEC. 7. DEPARTMENT OF COMMERCE PROGRAMS.

10 (a) NIST PROGRAMS.—The Director of the National

11 Institute of Standards and Technology shall—

12 (1) as part of the Program activities under sec13 tion 2(b)(7), establish a program to conduct basic

14 research on issues related to the development and

15 manufacture of nanotechnology, including metrology;

16 reliability and quality assurance; processes control;

17 and manufacturing best practices; and

18 (2) utilize the Manufacturing Extension Part19 nership program to the extent possible to ensure

20 that the research conducted under paragraph (1)

21 reaches small- and medium-sized manufacturing

22 companies.

23 (b) CLEARINGHOUSE.—The Secretary of Commerce

24 or his designee, in consultation with the National

25 Nanotechnology Coordination Office and, to the extent
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1 possible, utilizing resources at the National Technical In2 formation Service, shall establish a clearinghouse of infor3 mation related to commercialization of nanotechnology re4 search, including information relating to activities by re5 gional, State, and local commercial nanotechnology initia6 tives; transition of research, technologies, and concepts

7 from Federal nanotechnology research and development

8 programs into commercial and military products; best

9 practices by government, universities and private sector

10 laboratories transitioning technology to commercial use;

11 examples of ways to overcome barriers and challenges to

12 technology deployment; and use of manufacturing infra13 structure and workforce.

14 SEC. 8. DEPARTMENT OF ENERGY PROGRAMS.

15 (a) RESEARCH CONSORTIA.—

16 (1) DEPARTMENT OF ENERGY PROGRAM.—The

17 Secretary of Energy shall establish a program to

18 support, on a merit-reviewed and competitive basis,

19 consortia to conduct interdisciplinary nanotechnology

20 research and development designed to integrate

21 newly developed nanotechnology and microfluidic

22 tools with systems biology and molecular imaging.

23 (2) AUTHORIZATION OF APPROPRIATIONS.—Of

24 the sums authorized for the Department of Energy

25 under section 6(b), $25,000,000 shall be used for
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1 each fiscal year 2005 through 2008 to carry out this

2 section. Of these amounts, not less than

3 $10,000,000 shall be provided to at least 1 consor4 tium for each fiscal year.

5 (b) RESEARCH CENTERS AND MAJOR INSTRUMENTA6 TION.—The Secretary of Energy shall carry out projects

7 to develop, plan, construct, acquire, operate, or support

8 special equipment, instrumentation, or facilities for inves9 tigators conducting research and development in

10 nanotechnology.

11 SEC. 9. ADDITIONAL CENTERS.

12 (a) AMERICAN NANOTECHNOLOGY PREPAREDNESS

13 CENTER.—The Program shall provide for the establish14 ment, on a merit-reviewed and competitive basis, of an

15 American Nanotechnology Preparedness Center which

16 shall—

17 (1) conduct, coordinate, collect, and disseminate

18 studies on the societal, ethical, environmental, edu19 cational, legal, and workforce implications of

20 nanotechnology; and

21 (2) identify anticipated issues related to the re22 sponsible research, development, and application of

23 nanotechnology, as well as provide recommendations

24 for preventing or addressing such issues.
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1 (b) CENTER FOR NANOMATERIALS MANUFAC2 TURING.—The Program shall provide for the establish3 ment, on a merit reviewed and competitive basis, of a cen4 ter to—

5 (1) encourage, conduct, coordinate, commission,

6 collect, and disseminate research on new manufac7 turing technologies for materials, devices, and sys8 tems with new combinations of characteristics, such

9 as, but not limited to, strength, toughness, density,

10 conductivity, flame resistance, and membrane sepa11 ration characteristics; and

12 (2) develop mechanisms to transfer such manu13 facturing technologies to United States industries.

14 (c) REPORTS.—The Council, through the Director of

15 the National Nanotechnology Coordination Office, shall

16 submit to the Senate Committee on Commerce, Science,

17 and Transportation and the House of Representatives

18 Committee on Science—

19 (1) within 6 months after the date of enactment

20 of this Act, a report identifying which agency shall

21 be the lead agency and which other agencies, if any,

22 will be responsible for establishing the Centers de23 scribed in this section; and
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1 (2) within 18 months after the date of enact2 ment of this Act, a report describing how the Cen3 ters described in this section have been established.

4 SEC. 10. DEFINITIONS.

5 In this Act:

6 (1) ADVISORY PANEL.—The term ‘‘Advisory

7 Panel’’ means the President’s National

8 Nanotechnology Advisory Panel established or des9 ignated under section 4.

10 (2) NANOTECHNOLOGY.—The term

11 ‘‘nanotechnology’’ means the science and technology

12 that will enable one to understand, measure, manip13 ulate, and manufacture at the atomic, molecular,

14 and supramolecular levels, aimed at creating mate15 rials, devices, and systems with fundamentally new

16 molecular organization, properties, and functions.

17 (3) PROGRAM.—The term ‘‘Program’’ means

18 the National Nanotechnology Program established

19 under section 2.

20 (4) COUNCIL.—The term ‘‘Council’’ means the

21 National Science and Technology Council or an ap22 propriate subgroup designated by the Council under

23 section 2(c).

24 (5) ADVANCED TECHNOLOGY USER FACILITY.—

25 The term ‘‘advanced technology user facility’’ means
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1 a nanotechnology research and development facility

2 supported, in whole or in part, by Federal funds

3 that is open to all United States researchers on a

4 competitive, merit-reviewed basis.

5 (6) PROGRAM COMPONENT AREA.—The term

6 ‘‘program component area’’ means a major subject

7 area established under section 2(c)(2) under which

8 is grouped related individual projects and activities

9 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.