21st Century Nanotechnology Research and Development Act
PL 108-153 (S.189), enacted 12/03/2003

117 STAT. 1923
PUBLIC LAW 108–153—DEC. 3, 2003
Public Law 108–153
108th Congress
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 inter-
disciplinary 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 labora-
tories 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
President.
15 USC 7501.
15 USC 7501
note.
21st Century
Nanotechnology
Research and
Development Act.
Dec. 3, 2003
[S. 189]
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117 STAT. 1924
PUBLIC LAW 108–153—DEC. 3, 2003
(E) to the greatest extent possible, be established in
geographically diverse locations, encourage the participa-
tion 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 develop-
ment 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 collabora-
tions;
(9) 
providing 
effective 
education 
and 
training 
for
researchers and professionals skilled in the interdisciplinary
perspectives necessary for nanotechnology so that a true inter-
disciplinary 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 devel-
oping 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 con-
cerns 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 Tech-
nology Council shall oversee the planning, management, and
coordination of the Program. The Council, itself or through an
appropriate subgroup it designates or establishes, shall—
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117 STAT. 1925
PUBLIC LAW 108–153—DEC. 3, 2003
(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 prior-
ities 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 Pro-
gram 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 con-
ducting 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 devel-
oped pursuant to subsection (b)(10)(D), and the views of aca-
demic, 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 Com-
mittee on Science, and other appropriate committees, at the time
of the President’s budget request to Congress, that includes—
Deadlines.
Guidelines.
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117 STAT. 1926
PUBLIC LAW 108–153—DEC. 3, 2003
(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 imple-
menting the plan described in subsection (c)(7), and a descrip-
tion of the amount of Small Business Innovative Research
and Small Business Technology Transfer Research funds sup-
porting 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 appro-
priate; and
(4) promote access to and early application of the tech-
nologies, 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.
Deadline.
President.
Establishment.
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117 STAT. 1927
PUBLIC LAW 108–153—DEC. 3, 2003
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 des-
ignated 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 informa-
tion on nanotechnology research, development, demonstrations, edu-
cation, 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 recommenda-
tions 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 appro-
priate 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 fre-
quently 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-Fed-
eral 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 pro-
hibit 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.
Deadlines.
President.
Establishment.
15 USC 7503.
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117 STAT. 1928
PUBLIC LAW 108–153—DEC. 3, 2003
SEC. 5. TRIENNIAL EXTERNAL REVIEW OF THE NATIONAL NANOTECH-
NOLOGY 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 success-
ful 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 develop-
ment 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 mis-
sions 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 NANOTECH-
NOLOGY.—As part of the first triennial review conducted in accord-
ance with subsection (a), the National Research Council shall con-
duct a one-time study to assess the need for standards, guidelines,
or strategies for ensuring the responsible development of
nanotechnology, including, but not limited to—
(1) self-replicating nanoscale machines or devices;
(2) the release of such machines in natural environments;
15 USC 7504.
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117 STAT. 1929
PUBLIC LAW 108–153—DEC. 3, 2003
(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 intel-
ligence.
(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 arrange-
ments under subsection (a) to the Advisory Panel, the Senate Com-
mittee 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 appro-
priated 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 author-
ized 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.
15 USC 7505.
Deadlines.
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117 STAT. 1930
PUBLIC LAW 108–153—DEC. 3, 2003
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 pro-
gram to the extent possible to ensure that the research con-
ducted under paragraph (1) reaches small- and medium-sized
manufacturing companies.
(b) CLEARINGHOUSE.—The Secretary of Commerce or his des-
ignee, in consultation with the National Nanotechnology Coordina-
tion Office and, to the extent possible, utilizing resources at the
National Technical Information Service, shall establish a clearing-
house 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 inter-
disciplinary 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, con-
struct, acquire, operate, or support special equipment, instrumenta-
tion, or facilities for investigators conducting research and develop-
ment 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 Prepared-
ness 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
Establishment.
15 USC 7508.
15 USC 7507.
Establishment.
15 USC 7506.
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117 STAT. 1931
PUBLIC LAW 108–153—DEC. 3, 2003
well as provide recommendations for preventing or addressing
such issues.
(b) CENTER FOR NANOMATERIALS MANUFACTURING.—The Pro-
gram 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 separa-
tion 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 estab-
lishing 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 estab-
lished 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, molec-
ular, 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.
15 USC 7509.
Deadlines.
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117 STAT. 1932
PUBLIC LAW 108–153—DEC. 3, 2003
LEGISLATIVE HISTORY—S. 189 (H.R. 766):
HOUSE REPORTS: No. 108–89 accompanying H.R. 766 (Comm. on Science).
SENATE REPORTS: No. 108–147 (Comm. on Commerce, Science, and Transpor-
tation).
CONGRESSIONAL RECORD, Vol. 149 (2003):
Nov. 18, considered and passed Senate.
Nov. 20, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Dec. 3, Presidential statement.
(6) PROGRAM
COMPONENT
AREA.—The term ‘‘program
component area’’ means a major subject area established under
section 2(c)(2) under which is grouped related individual
projects and activities carried out under the Program.
Approved December 3, 2003.
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