15 U.S.C. § 7503 — Advisory Panel

Page 2371 TITLE 15—COMMERCE AND TRADE § 7503 merce, 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— (1) the Program budget, for the current fis- cal year, for each agency that participates in the Program, including a breakout of spending for the development and acquisition of re- search 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 spend- ing for the development and acquisition of re- search 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 recommenda- tions of the Advisory Panel; and (5) an assessment of how Federal agencies are implementing the plan described in sub- section (c)(7), and a description of the amount of Small Business Innovative Research and Small Business Technology Transfer Research funds supporting the plan. (Pub. L. 108–153, § 2, Dec. 3, 2003, 117 Stat. 1923; Pub. L. 114–329, title II, § 204(b)(1), Jan. 6, 2017, 130 Stat. 2999.) Editorial Notes REFERENCES IN TEXT Section 246 of the Bob Stump National Defense Au- thorization Act for Fiscal Year 2003, referred to in sub- sec. (c)(3), is section 246 of Pub. L. 107–314, which is set out as a note under section 2358 of Title 10, Armed Forces. AMENDMENTS 2017—Subsec. (c)(4). Pub. L. 114–329 amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘develop, within 12 months after December 3, 2003, 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 so- ciety; ‘‘(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;’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Tech- nology of House of Representatives by House Resolu- tion No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. SHORT TITLE Pub. L. 108–153, § 1, Dec. 3, 2003, 117 Stat. 1923, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘21st Century Nanotechnology Research and Devel- opment Act’.’’ § 7502. Program coordination (a) In general The President shall establish a National Nanotechnology Coordination Office, with a Di- rector and full-time staff, which shall— (1) provide technical and administrative sup- port to the Council and the Advisory Panel; (2) serve as the point of contact on Federal nanotechnology activities for government or- ganizations, academia, industry, professional societies, State nanotechnology programs, in- terested citizen groups, and others to ex- change technical and programmatic informa- tion; (3) conduct public outreach, including dis- semination 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 Gov- ernment, and to United States industry, in- cluding startup companies. (b) Funding The National Nanotechnology Coordination Office shall be funded through interagency fund- ing in accordance with section 631 of Public Law 108–7. (c) Report Within 90 days after December 3, 2003, the Di- rector 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 ade- quately fund the Office; (2) the adequacy of existing mechanisms to fund this Office; and (3) the actions taken by the Director to en- sure stable funding of this Office. (Pub. L. 108–153, § 3, Dec. 3, 2003, 117 Stat. 1926.) Editorial Notes REFERENCES IN TEXT Section 631 of Public Law 108–7, referred to in subsec. (b), is section 631 of Pub. L. 108–7, div. J, title VI, Feb. 20, 2003, 117 Stat. 471, which is not classified to the Code. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Tech- nology of House of Representatives by House Resolu- tion No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. § 7503. Advisory Panel (a) In general The President shall establish or designate a National Nanotechnology Advisory Panel. Page 2372 TITLE 15—COMMERCE AND TRADE § 7504 1 So in original. (b) Qualifications The Advisory Panel established or designated by the President under subsection (a) shall con- sist primarily of members from academic insti- tutions and industry. Members of the Advisory Panel shall be qualified to provide advice and in- formation on nanotechnology research, develop- ment, 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 com- munity (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 Pro- gram, including assessing— (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 pro- gram 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, imple- mentation, and activities of the Program; and (7) whether societal, ethical, legal, environ- mental, and workforce concerns are ade- quately addressed by the Program. (d) Reports Not later than 4 years after the date of the most recent assessment under subsection (c), and quadrennially thereafter, the Advisory Panel shall submit to the President, the Com- mittee on Commerce, Science, and Transpor- tation of the Senate, and the Committee on Science, Space, and Technology of the House of Representatives a report its 1 assessments under subsection (c) and its recommendations for ways to improve the Program. (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 al- lowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 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 ex- penses, including per diem in lieu of subsistence, in accordance with existing law. (f) Exemption from sunset Section 1013 of title 5 shall not apply to the Advisory Panel. (Pub. L. 108–153, § 4, Dec. 3, 2003, 117 Stat. 1927; Pub. L. 114–329, title II, § 204(b)(2), Jan. 6, 2017, 130 Stat. 2999; Pub. L. 117–286, § 4(a)(78), Dec. 27, 2022, 136 Stat. 4314.) Editorial Notes AMENDMENTS 2022—Subsec. (f). Pub. L. 117–286 substituted ‘‘Section 1013 of title 5’’ for ‘‘Section 14 of the Federal Advisory Committee Act’’. 2017—Subsec. (d). Pub. L. 114–329 amended subsec. (d) generally. Prior to amendment, text read as follows: ‘‘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 recommenda- tions for ways to improve the Program. The first report under this subsection shall be submitted within 1 year after December 3, 2003. The Director of the Office of Science and Technology Policy shall transmit a copy of each report under this subsection to the Senate Com- mittee on Commerce, Science, and Technology, the House of Representatives Committee on Science, and other appropriate committees of the Congress.’’ Executive Documents TRANSFER OF FUNCTIONS President’s Council of Advisors on Science and Tech- nology to serve as the advisory panel identified in this section and to be known as the National Nanotechnology Advisory Panel when performing the functions of such advisory committee, see section 3(b)(iv) of Ex. Ord. No. 14007, set out in a note under section 6601 of Title 42, The Public Health and Welfare. § 7504. Quadrennial external review of the Na- tional Nanotechnology Program (a) In general The Director of the National Nanotechnology Coordination Office shall enter into an arrange- ment with the National Research Council of the National Academy of Sciences to conduct a quadrennial evaluation of the Program, includ- ing— (1) an evaluation of the technical accom- plishments 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 dis- ciplines; (3) a review of the funding levels at each agency for the Program’s activities and the ability of each agency to achieve the Pro- gram’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 successful in fostering interdiscipli- nary 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 Pro- gram 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