IIB 
108TH CONGRESS 
1ST SESSION 
H. R. 766
IN THE SENATE OF THE UNITED STATES 
MAY 8, 2003
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
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,
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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
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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—
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(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
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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
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ethical concerns by the convening of regular 
and ongoing public discussions, through mecha-
nisms such as citizens panels, consensus con-
ferences, and educational events, as appro-
priate; and 
(6) include to the maximum extent practicable 
diverse institutions, including Historically Black Col-
leges and Universities and those serving large pro-
portions of Hispanics, Native Americans, Asian-Pa-
cific Americans, or other underrepresented popu-
lations. 
(c) INTERAGENCY COMMITTEE.—The President shall 
establish or designate an interagency committee on 
nanotechnology research and development, which shall in-
clude representatives from the Office of Science and Tech-
nology Policy, the National Science Foundation, the De-
partment of Energy, the National Aeronautics and Space 
Administration, the National Institute of Standards and 
Technology, the Environmental Protection Agency, and 
any other agency that the President may designate. The 
Director shall select a chairperson from among the mem-
bers of the Interagency Committee. The Interagency Com-
mittee, which shall also include a representative from the 
Office of Management and Budget, shall oversee the plan-
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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
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(6) in carrying out its responsibilities under 
paragraphs (1) through (5), take into consideration 
the recommendations of the Advisory Committee, 
suggestions or recommendations developed pursuant 
to section 3(b)(5)(D), and the views of academic, 
State, industry, and other appropriate groups con-
ducting research on and using nanotechnology. 
SEC. 4. ANNUAL REPORT. 
The chairperson of the Interagency Committee shall 
prepare an annual report, to be submitted to the Com-
mittee on Science of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of 
the Senate 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 Pro-
gram, including a breakout of spending for the de-
velopment and acquisition of research facilities and 
instrumentation, for each program component area, 
and for all activities pursuant to section 3(b)(5); 
(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
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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.
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(b) ASSESSMENT.—The Advisory Committee shall as-
sess—
(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-
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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.
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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
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(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 in-
clude—
(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;
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(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—
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(A) the estimated timeframe in which mo-
lecular manufacturing may be possible on a 
commercial scale; and 
(B) recommendations for a research agen-
da necessary to achieve this result. 
(c) STUDY ON SAFE NANOTECHNOLOGY.—Not later 
than 6 years after the date of enactment of this Act a 
review shall be conducted in accordance with subsection 
(a) that includes a study to assess the need for standards, 
guidelines, or strategies for ensuring the development of 
safe nanotechnology, including those applicable to—
(1) self-replicating nanoscale machines or de-
vices; 
(2) the release of such machines or devices in 
natural environments; 
(3) distribution of molecular manufacturing de-
velopment; 
(4) encryption; 
(5) the development of defensive technologies; 
(6) the use of nanotechnology as human brain 
extenders; and 
(7) the use of nanotechnology in developing ar-
tificial intelligence.
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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
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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.—
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(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
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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.—
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(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
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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-
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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)).
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(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: 
Jeff Trandahl, 
Clerk.