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Pub.L. 108-154 To revise and extend the Birth Defects Prevention Act of 1998. <> ...


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[[Page 117 STAT. 1923]]

Public Law 108-153
108th Congress

                                 An Act


 
 To authorize appropriations for nanoscience,  nanoengineering, and 
nanotechnology research, and for other purposes. 
<<NOTE: Dec. 3, 2003 -  [S. 189]>>  

    Be it enacted by the Senate and House of <<NOTE: 21st Century 
Nanotechnology Research and Development Act.>> Representatives of the 
United States of America in Congress assembled,

SECTION 1. <<NOTE: 15 USC 7501 note.>> SHORT TITLE.

    This Act may be cited as the ``21st Century Nanotechnology Research 
and Development Act''.

SEC. 2. <<NOTE: 15 USC 7501.>> NATIONAL NANOTECHNOLOGY PROGRAM.

    (a) National <<NOTE: President.>> Nanotechnology Program.--The 
President shall implement a National Nanotechnology Program. Through 
appropriate agencies, councils, and the National Nanotechnology 
Coordination Office established in section 3, the Program shall--
            (1) establish the goals, priorities, and metrics for 
        evaluation for Federal nanotechnology research, development, and 
        other activities;
            (2) invest in Federal research and development programs in 
        nanotechnology and related sciences to achieve those goals; and
            (3) provide for interagency coordination of Federal 
        nanotechnology research, development, and other activities 
        undertaken pursuant to the Program.

    (b) Program Activities.--The activities of the Program shall 
include--
            (1) developing a fundamental understanding of matter that 
        enables control and manipulation at the nanoscale;
            (2) providing grants to individual investigators and 
        interdisciplinary teams of investigators;
            (3) establishing a network of advanced technology user 
        facilities and centers;
            (4) establishing, on a merit-reviewed and competitive basis, 
        interdisciplinary nanotechnology research centers, which shall--
                    (A) interact and collaborate to foster the exchange 
                of technical information and best practices;
                    (B) involve academic institutions or national 
                laboratories and other partners, which may include 
                States and industry;
                    (C) make use of existing expertise in nanotechnology 
                in their regions and nationally;
                    (D) make use of ongoing research and development at 
                the micrometer scale to support their work in 
                nanotechnology; and

[[Page 117 STAT. 1924]]

                    (E) to the greatest extent possible, be established 
                in geographically diverse locations, encourage the 
                participation of Historically Black Colleges and 
                Universities that are part B institutions as defined in 
                section 322(2) of the Higher Education Act of 1965 (20 
                U.S.C. 1061(2)) and minority institutions (as defined in 
                section 365(3) of that Act (20 U.S.C. 1067k(3))), and 
                include institutions located in States participating in 
                the Experimental Program to Stimulate Competitive 
                Research (EPSCoR);
            (5) ensuring United States global leadership in the 
        development and application of nanotechnology;
            (6) advancing the United States productivity and industrial 
        competitiveness through stable, consistent, and coordinated 
        investments in long-term scientific and engineering research in 
        nanotechnology;
            (7) accelerating the deployment and application of 
        nanotechnology research and development in the private sector, 
        including startup companies;
            (8) encouraging interdisciplinary research, and ensuring 
        that processes for solicitation and evaluation of proposals 
        under the Program encourage interdisciplinary projects and 
        collaborations;
            (9) providing effective education and training for 
        researchers and professionals skilled in the interdisciplinary 
        perspectives necessary for nanotechnology so that a true 
        interdisciplinary research culture for nanoscale science, 
        engineering, and technology can emerge;
            (10) ensuring that ethical, legal, environmental, and other 
        appropriate societal concerns, including the potential use of 
        nanotechnology in enhancing human intelligence and in developing 
        artificial intelligence which exceeds human capacity, are 
        considered during the development of nanotechnology by--
                    (A) establishing a research program to identify 
                ethical, legal, environmental, and other appropriate 
                societal concerns related to nanotechnology, and 
                ensuring that the results of such research are widely 
                disseminated;
                    (B) requiring that interdisciplinary nanotechnology 
                research centers established under paragraph (4) include 
                activities that address societal, ethical, and 
                environmental concerns;
                    (C) insofar as possible, integrating research on 
                societal, ethical, and environmental concerns with 
                nanotechnology research and development, and ensuring 
                that advances in nanotechnology bring about improvements 
                in quality of life for all Americans; and
                    (D) providing, through the National Nanotechnology 
                Coordination Office established in section 3, for public 
                input and outreach to be integrated into the Program by 
                the convening of regular and ongoing public discussions, 
                through mechanisms such as citizens' panels, consensus 
                conferences, and educational events, as appropriate; and
            (11) encouraging research on nanotechnology advances that 
        utilize existing processes and technologies.

    (c) Program Management.--The National Science and Technology Council 
shall oversee the planning, management, and coordination of the Program. 
The Council, itself or through an appropriate subgroup it designates or 
establishes, shall--

[[Page 117 STAT. 1925]]

            (1) establish goals and priorities for the Program, based on 
        national needs for a set of broad applications of 
        nanotechnology;
            (2) establish program component areas, with specific 
        priorities and technical goals, that reflect the goals and 
        priorities established for the Program;
            (3) oversee interagency coordination of the Program, 
        including with the activities of the Defense Nanotechnology 
        Research and Development Program established under section 246 
        of the Bob Stump National Defense Authorization Act for Fiscal 
        Year 2003 (Public Law 107-314) and the National Institutes of 
        Health;
            (4) <<NOTE: Deadlines. Guidelines.>> develop, within 12 
        months after the date of enactment of this Act, and update every 
        3 years thereafter, a strategic plan to guide the activities 
        described under subsection (b), meet the goals, priorities, and 
        anticipated outcomes of the participating agencies, and 
        describe--
                    (A) how the Program will move results out of the 
                laboratory and into application for the benefit of 
                society;
                    (B) the Program's support for long-term funding for 
                interdisciplinary research and development in 
                nanotechnology; and
                    (C) the allocation of funding for interagency 
                nanotechnology projects;
            (5) propose a coordinated interagency budget for the Program 
        to the Office of Management and Budget to ensure the maintenance 
        of a balanced nanotechnology research portfolio and an 
        appropriate level of research effort;
            (6) exchange information with academic, industry, State and 
        local government (including State and regional nanotechnology 
        programs), and other appropriate groups conducting research on 
        and using nanotechnology;
            (7) develop a plan to utilize Federal programs, such as the 
        Small Business Innovation Research Program and the Small 
        Business Technology Transfer Research Program, in support of the 
        activity stated in subsection (b)(7);
            (8) identify research areas that are not being adequately 
        addressed by the agencies' current research programs and address 
        such research areas;
            (9) encourage progress on Program activities through the 
        utilization of existing manufacturing facilities and industrial 
        infrastructures such as, but not limited to, the employment of 
        underutilized manufacturing facilities in areas of high 
        unemployment as production engineering and research testbeds; 
        and
            (10) in carrying out its responsibilities under paragraphs 
        (1) through (9), take into consideration the recommendations of 
        the Advisory Panel, suggestions or recommendations developed 
        pursuant to subsection (b)(10)(D), and the views of academic, 
        State, industry, and other appropriate groups conducting 
        research on and using nanotechnology.

    (d) Annual Report.--The Council shall prepare an annual report, to 
be submitted to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on Science, 
and other appropriate committees, at the time of the President's budget 
request to Congress, that includes--

[[Page 117 STAT. 1926]]

            (1) the Program budget, for the current fiscal year, for 
        each agency that participates in the Program, including a 
        breakout of spending for the development and acquisition of 
        research facilities and instrumentation, for each program 
        component area, and for all activities pursuant to subsection 
        (b)(10);
            (2) the proposed Program budget for the next fiscal year, 
        for each agency that participates in the Program, including a 
        breakout of spending for the development and acquisition of 
        research facilities and instrumentation, for each program 
        component area, and for all activities pursuant to subsection 
        (b)(10);
            (3) an analysis of the progress made toward achieving the 
        goals and priorities established for the Program;
            (4) an analysis of the extent to which the Program has 
        incorporated the recommendations of the Advisory Panel; and
            (5) an assessment of how Federal agencies are implementing 
        the plan described in subsection (c)(7), and a description of 
        the amount of Small Business Innovative Research and Small 
        Business Technology Transfer Research funds supporting the plan.

SEC. 3. PROGRAM COORDINATION.

    (a) In <<NOTE: President. Establishment.>> General.--The President 
shall establish a National Nanotechnology Coordination Office, with a 
Director and full-time staff, which shall--
            (1) provide technical and administrative support to the 
        Council and the Advisory Panel;
            (2) serve as the point of contact on Federal nanotechnology 
        activities for government organizations, academia, industry, 
        professional societies, State nanotechnology programs, 
        interested citizen groups, and others to exchange technical and 
        programmatic information;
            (3) conduct public outreach, including dissemination of 
        findings and recommendations of the Advisory Panel, as 
        appropriate; and
            (4) promote access to and early application of the 
        technologies, innovations, and expertise derived from Program 
        activities to agency missions and systems across the Federal 
        Government, and to United States industry, including startup 
        companies.

    (b) Funding.--The National Nanotechnology Coordination Office shall 
be funded through interagency funding in accordance with section 631 of 
Public Law 108-7.
    (c) Report.-- <<NOTE: Deadline.>> 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.

[[Page 117 STAT. 1927]]

SEC. 4. <<NOTE: 15 USC 7503.>> ADVISORY PANEL.

    (a) In <<NOTE: President. Establishment.>> General.--The President 
shall establish or designate a National Nanotechnology Advisory Panel.

    (b) Qualifications.--The Advisory Panel established or designated by 
the President under subsection (a) shall consist primarily of members 
from academic institutions and industry. Members of the Advisory Panel 
shall be qualified to provide advice and information on nanotechnology 
research, development, demonstrations, education, technology transfer, 
commercial application, or societal and ethical concerns. In selecting 
or designating an Advisory Panel, the President may also seek and give 
consideration to recommendations from the Congress, industry, the 
scientific community (including the National Academy of Sciences, 
scientific professional societies, and academia), the defense community, 
State and local governments, regional nanotechnology programs, and other 
appropriate organizations.
    (c) Duties.--The Advisory Panel shall advise the President and the 
Council on matters relating to the Program, including assessing--
            (1) trends and developments in nanotechnology science and 
        engineering;
            (2) progress made in implementing the Program;
            (3) the need to revise the Program;
            (4) the balance among the components of the Program, 
        including funding levels for the program component areas;
            (5) whether the program component areas, priorities, and 
        technical goals developed by the Council are helping to maintain 
        United States leadership in nanotechnology;
            (6) the management, coordination, implementation, and 
        activities of the Program; and
            (7) whether societal, ethical, legal, environmental, and 
        workforce concerns are adequately addressed by the Program.

    (d) Reports.-- <<NOTE: Deadlines.>> The Advisory Panel shall report, 
not less frequently than once every 2 fiscal years, to the President on 
its assessments under subsection (c) and its recommendations for ways to 
improve the Program. The first report under this subsection shall be 
submitted within 1 year after the date of enactment of this Act. The 
Director of the Office of Science and Technology Policy shall transmit a 
copy of each report under this subsection to the Senate Committee on 
Commerce, Science, and Technology, the House of Representatives 
Committee on Science, and other appropriate committees of the Congress.

    (e) Travel Expenses of Non-Federal Members.--Non-Federal members of 
the Advisory Panel, while attending meetings of the Advisory Panel or 
while otherwise serving at the request of the head of the Advisory Panel 
away from their homes or regular places of business, may be allowed 
travel expenses, including per diem in lieu of subsistence, as 
authorized by section 5703 of title 5, United States Code, for 
individuals in the government serving without pay. Nothing in this 
subsection shall be construed to prohibit members of the Advisory Panel 
who are officers or employees of the United States from being allowed 
travel expenses, including per diem in lieu of subsistence, in 

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