108TH CONGRESS
1ST SESSION
H. R. 766
AN ACT
To provide for a National Nanotechnology Research
and Development Program, and for other purposes.
108TH CONGRESS
1ST SESSION
H. R. 766
AN ACT
To provide for a National Nanotechnology Research and
Development Program, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Nanotechnology Re-
search and Development Act of 2003’’.
SEC. 2. DEFINITIONS.
In this Act—
(1) the term ‘‘advanced technology user facil-
ity’’ means a nanotechnology research and develop-
ment facility supported, in whole or in part, by Fed-
eral funds that is open to all United States research-
ers on a competitive, merit-reviewed basis;
(2) the term ‘‘Advisory Committee’’ means the
advisory committee established or designated under
section 5;
(3) the term ‘‘Director’’ means the Director of
the Office of Science and Technology Policy;
(4) the term ‘‘Interagency Committee’’ means
the interagency committee established under section
3(c);
(5) the term ‘‘nanotechnology’’ means science
and engineering aimed at creating materials, devices,
and systems at the atomic and molecular level;
(6) the term ‘‘Program’’ means the National
Nanotechnology Research and Development Pro-
gram described in section 3; and
(7) the term ‘‘program component area’’ means
a major subject area established under section
3(c)(2) under which is grouped related individual
projects and activities carried out under the Pro-
gram.
SEC. 3. NATIONAL NANOTECHNOLOGY RESEARCH AND DE-
VELOPMENT PROGRAM.
(a) IN GENERAL.—The President shall implement a
National Nanotechnology Research and Development Pro-
gram to promote Federal nanotechnology research, devel-
opment, demonstration, education, technology transfer,
and commercial application activities as necessary to en-
sure continued United States leadership in nanotechnology
research and development and to ensure effective coordi-
nation of nanotechnology research and development across
Federal agencies.
(b) PROGRAM ACTIVITIES.—The activities of the Pro-
gram shall be designed to—
(1) 
provide 
sustained 
support 
for
nanotechnology research and development through—
(A) grants to individual investigators and
interdisciplinary teams of investigators;
(B) establishment of advanced technology
user facilities; and
(C) establishment of interdisciplinary re-
search centers, which shall—
(i) network with each other to foster
the exchange of technical information and
best practices;
(ii) involve academic institutions or
national laboratories and other partners,
which may include States and industry;
(iii) make use of existing expertise in
nanotechnology in their regions and na-
tionally;
(iv) make use of ongoing research and
development at the micrometer scale to
support their work in nanotechnology; and
(v) be capable of accelerating the com-
mercial application of nanotechnology inno-
vations in the private sector;
(2) ensure that solicitation and evaluation of
proposals under the Program encourage interdiscipli-
nary research;
(3) expand education and training of under-
graduate and graduate students in interdisciplinary
nanotechnology science and engineering;
(4) accelerate the commercial application of
nanotechnology innovations in the private sector;
(5) ensure that societal and ethical concerns,
including environmental concerns and the potential
implications of human performance enhancement
and the possible development of nonhuman intel-
ligence, will be addressed as the technology is devel-
oped by—
(A) establishing a research program to
identify societal and ethical concerns related to
nanotechnology, and ensuring that the results
of such research are widely disseminated;
(B) insofar as possible, integrating re-
search on societal and ethical concerns with
nanotechnology research and development, and
ensuring that advances in nanotechnology bring
about improvements in quality of life for all
Americans;
(C) requiring that interdisciplinary re-
search centers under paragraph (1)(C) include
activities that address societal and ethical con-
cerns; and
(D) 
ensure 
through 
the 
National
Nanotechnology Coordination Office established
under section 6 and through the agencies and
departments that participate in the Program,
that public input and outreach to the public are
both integrated into nanotechnology research
and development and research on societal and
ning, management, and coordination of the Program. The
Interagency Committee shall—
(1) establish goals and priorities for the Pro-
gram;
(2) establish program component areas, with
specific priorities and technical goals, that reflect the
goals and priorities established for the Program;
(3) develop, within 6 months after the date of
enactment of this Act, and update annually, a stra-
tegic plan to meet the goals and priorities estab-
lished under paragraph (1) and to guide the activi-
ties of the program component areas established
under paragraph (2);
(4) propose a coordinated interagency budget
for the Program that will ensure the maintenance of
a balanced nanotechnology research portfolio and en-
sure that each agency and each program component
area is allocated the level of funding required to
meet the goals and priorities established for the Pro-
gram;
(5) develop a plan to utilize Federal programs,
such as the Small Business Innovation Research
Program and the Small Business Technology Trans-
fer Research Program, in support of the goal stated
in subsection (b)(4); and
area, and for all activities pursuant to section
3(b)(5);
(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 Pro-
gram has incorporated the recommendations of the
Advisory Committee; and
(5) an assessment of how Federal agencies are
implementing the plan described in section 3(c)(5),
and a description of the amount of Small Business
Innovative Research and Small Business Technology
Transfer Research funds supporting the plan.
SEC. 5. ADVISORY COMMITTEE.
(a) IN GENERAL.—The President shall establish or
designate an advisory committee on nanotechnology con-
sisting of non-Federal members, including representatives
of research and academic institutions and industry, who
are qualified to provide advice and information on
nanotechnology research, development, demonstration,
education, technology transfer, commercial application,
and societal and ethical concerns. The recommendations
of the Advisory Committee shall be considered by Federal
agencies in implementing the Program.
(b) ASSESSMENT.—The Advisory Committee shall
assess—
(1) trends and developments in nanotechnology
science and engineering;
(2) progress made in implementing the Pro-
gram;
(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, pri-
orities, and technical goals developed by the Inter-
agency Committee are helping to maintain United
States leadership in nanotechnology;
(6) the management, coordination, implementa-
tion, and activities of the Program; and
(7) whether societal and ethical concerns, in-
cluding concerns identified pursuant to section
3(b)(5)(D), are adequately addressed by the Pro-
gram.
(c) REPORTS.—The Advisory Committee shall report
not less frequently than once every 2 fiscal years to the
President on its findings of the assessment carried out
under subsection (b), its recommendations for ways to im-
prove the Program, and the concerns assessed under sub-
section (b)(7). The first report shall be due within 1 year
after the date of enactment of this Act.
(d) FEDERAL ADVISORY COMMITTEE ACT APPLICA-
TION.—Section 14 of the Federal Advisory Committee Act
shall not apply to the Advisory Committee.
SEC. 6. NATIONAL NANOTECHNOLOGY COORDINATION OF-
FICE.
The 
President 
shall 
establish 
a 
National
Nanotechnology Coordination Office, with full-time staff,
which shall—
(1) provide technical and administrative support
to the Interagency Committee and the Advisory
Committee;
(2) serve as a point of contact on Federal
nanotechnology activities for government organiza-
tions, academia, industry, professional societies, and
others to exchange technical and programmatic in-
formation; and
(3) conduct public outreach, including dissemi-
nation of findings and recommendations of the
Interagency Committee and the Advisory Committee,
as appropriate.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) NATIONAL SCIENCE FOUNDATION.—There are
authorized to be appropriated to the National Science
Foundation for carrying out this Act—
(1) $350,000,000 for fiscal year 2004;
(2) $385,000,000 for fiscal year 2005; and
(3) $424,000,000 for fiscal year 2006.
(b) DEPARTMENT OF ENERGY.—There are author-
ized to be appropriated to the Secretary of Energy for car-
rying out this Act—
(1) $265,000,000 for fiscal year 2004;
(2) $292,000,000 for fiscal year 2005; and
(3) $322,000,000 for fiscal year 2006.
(c) NATIONAL AERONAUTICS AND SPACE ADMINIS-
TRATION.—There are authorized to be appropriated to the
National Aeronautics and Space Administration for car-
rying out this Act—
(1) $31,000,000 for fiscal year 2004;
(2) $34,000,000 for fiscal year 2005; and
(3) $37,000,000 for fiscal year 2006.
(d) NATIONAL
INSTITUTE
OF
STANDARDS
AND
TECHNOLOGY.—There are authorized to be appropriated
to the National Institute of Standards and Technology for
carrying out this Act—
(1) $62,000,000 for fiscal year 2004;
(2) $68,000,000 for fiscal year 2005; and
(3) $75,000,000 for fiscal year 2006.
(e) ENVIRONMENTAL PROTECTION AGENCY.—There
are authorized to be appropriated to the Environmental
Protection Agency for carrying out this Act—
(1) $5,000,000 for fiscal year 2004;
(2) $5,500,000 for fiscal year 2005; and
(3) $6,000,000 for fiscal year 2006.
SEC. 
8. 
EXTERNAL 
REVIEW 
OF 
THE 
NATIONAL
NANOTECHNOLOGY RESEARCH AND DEVEL-
OPMENT PROGRAM.
(a) IN GENERAL.—Not later than 6 months after the
date of enactment of this Act, the Director shall enter into
an agreement with the National Academy of Sciences to
conduct periodic reviews of the Program. The reviews shall
be conducted once every 3 years during the 10-year period
following the enactment of this Act. The reviews shall
include—
(1) an evaluation of the technical achievements
of the Program;
(2) recommendations for changes in the Pro-
gram;
(3) an evaluation of the relative position of the
United States with respect to other nations in
nanotechnology research and development;
(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 re-
search and development; and
(6) an evaluation of the extent to which the
Program has adequately considered societal and eth-
ical concerns.
(b) STUDY ON MOLECULAR MANUFACTURING.—Not
later than 3 years after the date of enactment of this Act
a review shall be conducted in accordance with subsection
(a) that includes a study to determine the technical feasi-
bility of the manufacture of materials and devices at the
molecular scale. The study shall—
(1) examine the current state of the technology
for enabling molecular manufacturing;
(2) determine the key scientific and technical
barriers to achieving molecular manufacturing;
(3) review current and planned research activi-
ties that are relevant to advancing the prospects for
molecular manufacturing; and
(4) develop, insofar as possible, a consensus on
whether molecular manufacturing is technically fea-
sible, and if found to be feasible—
SEC. 9. SCIENCE AND TECHNOLOGY GRADUATE SCHOLAR-
SHIP PROGRAMS.
(a) ESTABLISHMENT OF PROGRAMS.—
(1) IN GENERAL.—The agency heads shall each
establish within their respective departments and
agencies a Science and Technology Graduate Schol-
arship Program to award scholarships to individuals
that is designed to recruit and prepare students for
careers in the Federal Government that require en-
gineering, scientific, and technical training.
(2) COMPETITIVE PROCESS.—Individuals shall
be selected to receive scholarships under this section
through a competitive process primarily on the basis
of academic merit, with consideration given to finan-
cial need and the goal of promoting the participation
of individuals identified in section 33 or 34 of the
Science and Engineering Equal Opportunities Act
(42 U.S.C. 1885a or 1885b).
(3) SERVICE AGREEMENTS.—To carry out the
Programs the agency heads shall enter into contrac-
tual agreements with individuals selected under
paragraph (2) under which the individuals agree to
serve as full-time employees of the Federal Govern-
ment, for the period described in subsection (f)(1),
in positions needed by the Federal Government and
for which the individuals are qualified, in exchange
for receiving a scholarship.
(b) SCHOLARSHIP ELIGIBILITY.—In order to be eligi-
ble to participate in a Program, an individual must—
(1) be enrolled or accepted for enrollment as a
full-time student at an institution of higher edu-
cation in an academic field or discipline described in
a list made available under subsection (d);
(2) be a United States citizen or permanent
resident; and
(3) at the time of the initial scholarship award,
not be a Federal employee as defined in section
2105 of title 5 of the United States Code.
(c) APPLICATION REQUIRED.—An individual seeking
a scholarship under this section shall submit an applica-
tion to an agency head at such time, in such manner, and
containing such information, agreements, or assurances as
the agency head may require.
(d) ELIGIBLE ACADEMIC PROGRAMS.—The agency
heads shall each make publicly available a list of academic
programs and fields of study for which scholarships under
their department’s or agency’s Program may be utilized,
and shall update the list as necessary.
(e) SCHOLARSHIP REQUIREMENT.—
(1) IN GENERAL.—Agency heads may provide
scholarships under their department’s or agency’s
Program for an academic year if the individual ap-
plying for the scholarship has submitted to the agen-
cy head, as part of the application required under
subsection (c), a proposed academic program leading
to a degree in a program or field of study on a list
made available under subsection (d).
(2) DURATION OF ELIGIBILITY.—An individual
may not receive a scholarship under this section for
more than 4 academic years, unless an agency head
grants a waiver.
(3) 
SCHOLARSHIP
AMOUNT.—The 
dollar
amount of a scholarship under this section for an
academic year shall be determined under regulations
issued by the agency heads, but shall in no case ex-
ceed the cost of attendance.
(4) AUTHORIZED
USES.—A scholarship pro-
vided under this section may be expended for tuition,
fees, and other authorized expenses as established by
the agency heads by regulation.
(5) CONTRACTS REGARDING DIRECT PAYMENTS
TO
INSTITUTIONS.—Each agency head may enter
into a contractual agreement with an institution of
higher education under which the amounts provided
for a scholarship under this section for tuition, fees,
and other authorized expenses are paid directly to
the institution with respect to which the scholarship
is provided.
(f) PERIOD OF OBLIGATED SERVICE.—
(1) DURATION
OF
SERVICE.—The period of
service for which an individual shall be obligated to
serve as an employee of the Federal Government is,
except as provided in subsection (h)(2), 24 months
for each academic year for which a scholarship
under this section is provided.
(2) SCHEDULE FOR SERVICE.—(A) Except as
provided in subparagraph (B), obligated service
under paragraph (1) shall begin not later than 60
days after the individual obtains the educational de-
gree for which the scholarship was provided.
(B) An agency head may defer the obligation of
an individual to provide a period of service under
paragraph (1) if the agency head determines that
such a deferral is appropriate. The agency head
shall prescribe the terms and conditions under which
a service obligation may be deferred through regula-
tion.
(g) PENALTIES
FOR
BREACH
OF
SCHOLARSHIP
AGREEMENT.—
(1) FAILURE TO COMPLETE ACADEMIC TRAIN-
ING.—Scholarship recipients who fail to maintain a
high level of academic standing, as defined by the
appropriate agency head by regulation, who are dis-
missed from their educational institutions for dis-
ciplinary reasons, or who voluntarily terminate aca-
demic training before graduation from the edu-
cational program for which the scholarship was
awarded, shall be in breach of their contractual
agreement and, in lieu of any service obligation aris-
ing under such agreement, shall be liable to the
United States for repayment within 1 year after the
date of default of all scholarship funds paid to them
and to the institution of higher education on their
behalf under the agreement, except as provided in
subsection (h)(2). The repayment period may be ex-
tended by the agency head when determined to be
necessary, as established by regulation.
(2) FAILURE
TO
BEGIN
OR
COMPLETE
THE
SERVICE
OBLIGATION
OR
MEET
THE
TERMS
AND
CONDITIONS
OF
DEFERMENT.—Scholarship recipi-
ents who, for any reason, fail to begin or complete
their service obligation after completion of academic
training, or fail to comply with the terms and condi-
tions of deferment established by the appropriate
agency head pursuant to subsection (f)(2)(B), shall
be in breach of their contractual agreement. When
recipients breach their agreements for the reasons
stated in the preceding sentence, the recipient shall
be liable to the United States for an amount equal
to—
(A) the total amount of scholarships re-
ceived by such individual under this section;
plus
(B) the interest on the amounts of such
awards which would be payable if at the time
the awards were received they were loans bear-
ing interest at the maximum legal prevailing
rate, as determined by the Treasurer of the
United States,
multiplied by 3.
(h) WAIVER OR SUSPENSION OF OBLIGATION.—
(1) DEATH OF INDIVIDUAL.—Any obligation of
an individual incurred under a Program (or a con-
tractual agreement thereunder) for service or pay-
ment shall be canceled upon the death of the indi-
vidual.
(2) IMPOSSIBILITY OR EXTREME HARDSHIP.—
The agency heads shall by regulation provide for the
partial or total waiver or suspension of any obliga-
tion of service or payment incurred by an individual
under their department’s or agency’s Program (or a
contractual agreement thereunder) whenever compli-
ance by the individual is impossible or would involve
extreme hardship to the individual, or if enforcement
of such obligation with respect to the individual
would be contrary to the best interests of the Gov-
ernment.
(i) DEFINITIONS.—In this section the following defi-
nitions apply:
(1) AGENCY HEAD.—The term ‘‘agency head’’
means the Director of the National Science Founda-
tion, the Secretary of Energy, the Administrator of
the National Aeronautics and Space Administration,
the Director of the National Institute of Standards
and Technology, or the Administrator of the Envi-
ronmental Protection Agency.
(2) COST OF ATTENDANCE.—The term ‘‘cost of
attendance’’ has the meaning given that term in sec-
tion 472 of the Higher Education Act of 1965 (20
U.S.C. 1087ll).
(3) INSTITUTION OF HIGHER EDUCATION.—The
term ‘‘institution of higher education’’ has the
meaning given that term in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(4) PROGRAM.—The term ‘‘Program’’ means a
Science and Technology Graduate Scholarship Pro-
gram established under this section.
Passed the House of Representatives May 7, 2003.
Attest:
Clerk.