[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 289 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 289
To authorize appropriations for offsetting the costs related to
reductions in research productivity resulting from the coronavirus
pandemic.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 8, 2021
Mr. Markey (for himself, Mr. Tillis, Ms. Collins, and Mr. Peters)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To authorize appropriations for offsetting the costs related to
reductions in research productivity resulting from the coronavirus
pandemic.
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 ``Research Investment to Spark the
Economy Act of 2021'' or the ``RISE Act of 2021''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Federal agencies have provided Federal research
awardees flexibility during the Coronavirus Disease 2019
(COVID-19) pandemic to support graduate and undergraduate
students, post-doctoral students, principal investigators, and
administrative and technical support staff.
(2) Federal agencies may need to provide current Federal
research awardees extensions to cover time lost in awardee
facilities and in the field that will affect the completion of
that agencies' research missions and priorities. Additionally,
agencies have allowed federally funded laboratories to donate
necessary equipment, such as personal protective equipment, to
support hospitals and first responders, which may need to be
repurchased and will create additional expenses under Federal
contracts, grants, and cooperative agreements.
(3) The United States needs to sustain the critical human
infrastructure that undergirds the United States research
enterprise, which has created a longstanding government-
university partnership, that has made the United States the
global leader in innovation, strengthening the health of
citizens of the United States, the economy of the United
States, and national security.
(4) While the Federal Government has made significant
investments in new biomedical research to address COVID-19,
existing research has been slowed down or stopped due to COVID-
19-modified operations of campuses and laboratories.
(5) Given the modified operations of many university-based
and national laboratories due to the pandemic, Congress is
concerned that the people who comprise the research workforce
(for example, graduate and undergraduate students, post-
doctoral students, principal investigators, and administrative
and technical support staff) and the future health and strength
of the United States research enterprise and manufacturing and
technology economies, among others, are at risk.
(6) While the research capacity of the United States has
demonstrated that it can absorb shocks and pivot to address
immediate national threats, the scale of the COVID-19 pandemic
is still growing and unprecedented in duration and effect.
(7) Without additional funding, future innovations in areas
such as quantum, artificial intelligence, robotics, computing,
advanced wireless, space exploration, digital agriculture,
earth system observation and prediction, health, and science,
technology, engineering, and mathematics education
infrastructure will be forestalled as agencies are forced to
use future appropriations intended for new research to cover
existing awards. The United States must innovate to launch the
next 50 years of unparalleled economic leadership and be
prepared for any future pandemics.
(8) It is vital that the Federal Government take measures
to help relieve the strain that Federal agencies will be forced
to face and sustain the strength of the ability of the United
States to remain a global leader in an increasingly competitive
global research environment, as other countries continue to
make disproportionately large investments in key research
areas.
SEC. 3. AWARD AND MODIFICATION OF GRANTS, COOPERATIVE AGREEMENTS AND
OTHER FINANCIAL ASSISTANCE FOR INSTITUTIONS OF HIGHER
EDUCATION, RESEARCH LABORATORIES, AND OTHER RESEARCH
INSTITUTIONS TO ADDRESS MATTERS RELATING TO DISRUPTION
CAUSED BY COVID-19.
(a) Definitions.--In this section:
(1) Award.--The term ``award'' includes a grant,
cooperative agreement, or other financial assistance.
(2) COVID-19 public health emergency.--The term ``COVID-19
public health emergency'' means the public health emergency
declared by the Secretary of Health and Human Services under
section 319 of the Public Health Service Act (42 U.S.C. 247d)
on January 31, 2020, with respect to the Coronavirus Disease
2019 (COVID-19).
(3) Research institution.--The term ``research
institution'' means the following:
(A) An institution of higher education (as defined
in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a))).
(B) A Tribal College or University (as defined in
section 316 of the Higher Education Act of 1965 (20
U.S.C. 1059c)).
(C) A nonprofit entity that conducts federally
funded research.
(4) Research laboratory.--The term ``Research Laboratory''
means the following:
(A) A National Laboratory (as defined in section 2
of the Energy Policy Act of 2005 (42 U.S.C. 15801)).
(B) A Federally-Funded Research and Development
Center for purposes of section 35.017 of title 48, Code
of Federal Regulations.
(b) Authority.--
(1) In general.--Each officer specified in paragraph (2)
may exercise the authorities described in paragraph (3).
(2) Officers.--The officers specified in this paragraph are
as follows:
(A) The Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration and the Director of the National
Institute of Standards and Technology.
(B) The Secretary of Agriculture.
(C) The Secretary of Defense.
(D) The Secretary of Education.
(E) The Secretary of Energy, acting for the
Department of Energy (with respect to Energy Efficiency
and Renewable Energy, Nuclear Energy, and Fossil
Research and Development) and through the Office of
Science, the Advanced Research Projects Agency-Energy
(ARPA-E), and the Office of Electricity.
(F) The Secretary of Interior, acting through the
Director of the United States Geological Survey.
(G) The Secretary of Health, acting through the
Director of the National Institutes of Health.
(H) The Secretary of Transportation.
(I) The Administrator of the National Aeronautics
and Space Administration.
(J) The Administrator of the Environmental
Protection Agency.
(K) The Director of the National Science
Foundation.
(3) Authorities.--The officers specified in paragraph (1)
may--
(A) provide supplemental funding to extend the
duration of an award disrupted because of the COVID-19
public health emergency to a research institution,
Research Laboratory, or individual that was awarded
before the date of the enactment of this Act, or to
expand the purposes of such an award, in order to--
(i) enable a post-secondary student or
post-doctoral researcher to complete work;
(ii) enable research scientists, technical
staff, research associates, and principal
investigators to complete work;
(iii) extend the training of a post-
secondary student, or the employment of a post-
doctoral researcher. on an ongoing research
project for up to 2 years because of the
disruption of the job market;
(iv) create research opportunities for up
to 2 years for graduate students and post-
doctoral researchers;
(v) replace, refurbish, or otherwise make
usable laboratory animals, reagents, equipment,
or other items required for research;
(vi) facilitate other research (including
field work), training, and ongoing construction
activities, including at institutions that are
disproportionately affected by the COVID-19
public health emergency (such as minority-
serving institutions and 2-year institutions of
higher education);
(vii) enable experimental field campaigns
and maintenance of field infrastructure,
including through replacement of disrupted
experimental data to enable completion of
impacted research; and
(viii) support training in online course
delivery and virtual research experiences that
will improve quality and access needed to
continue undergraduate, graduate, and post-
doctoral training;
(B) issue awards to research institutions, Research
Laboratories, or other individuals to conduct research
on the effects of the Coronavirus Disease 2019 and
future potential pandemics, on the effects and
effectiveness of responses to such diseases, and on
improving the prediction of the possible courses of
such pandemics; and
(C) provide flexibility on an award for funds made
available to an agency, by any prior or subsequent Act,
by modifying the terms and conditions of the award with
a research institution, Research Laboratory, or
individual due to facility closures or other
limitations during the COVID-19 public health
emergency.
(4) Modifications.--The modifications authorized by
paragraph (3)(C) include, but are not limited to--
(A) the provision of supplemental funding to extend
the duration of the award concerned; or
(B) flexibility on the allowable expenses under
such award.
(c) Procedures.--The officers specified in subsection (b)(2) shall
each establish procedures to carry out subsection (b).
(d) Expedited Awards.--Awards under subsection (b) shall be issued
as expeditiously as possible.
(e) Authorizations of Appropriations.--
(1) Department of commerce.-- There is authorized to be
appropriated for fiscal year 2021 for the Department of
Commerce, $450,000,000 to carry out subsection (b), of which--
(A) $300,000,000 shall be for use by the National
Oceanic and Atmospheric Administration; and
(B) $150,000,000 shall be for use by the National
Institute of Standards and Technology.
(2) Department of agriculture.--There is authorized to be
appropriated for fiscal year 2021 for the Department of
Agriculture, $380,000,000 to carry out subsection (b).
(3) Department of defense.--There is authorized to be
appropriated for fiscal year 2021 for the Department of
Defense, $3,000,000,000 to carry out subsection (b).
(4) Department of education.--There is authorized to be
appropriated for fiscal year 2021 for the Department of
Education, $200,000,000 to carry out subsection (b), which
shall be for use by the Institute for Education Sciences.
(5) Department of energy.--There is authorized to be
appropriated for fiscal year 2021 for the Department of Energy,
$5,000,000,000 to carry out subsection (b), of which--
(A) not less than $3,000,000,000 shall be for use
by the Office of Science;
(B) not less than $900,000,000 shall be for Energy
Efficiency and Renewable Energy;
(C) not less than $450,000,000 shall be for Nuclear
Energy;
(D) not less than $300,000,000 shall be for Fossil
Research and Development;
(E) not less than $150,000,000 shall be for use by
the Advanced Research Projects Agency-Energy; and
(F) not less than $100,000,000 shall be for use by
the Office of Electricity.
(6) Department of interior.--There is authorized to be
appropriated for fiscal year 2021 for the Department of
Interior, $300,000,000 to carry out subsection (b), which shall
be for use by the United States Geological Survey.
(7) Department of health and human services.--There is
authorized to be appropriated for fiscal year 2021 for the
Department of Health and Human Services, $10,000,000,000 to
carry out subsection (b), which shall be for use by the
National Institutes of Health.
(8) Department of transportation.--There is authorized to
be appropriated for fiscal year 2021 for the Department of
Transportation, $300,000,000 to carry out subsection (b), of
which not less than $130,000,000 shall be for use by the
Federal Aviation Administration.
(9) National aeronautics and space administration.--There
is authorized to be appropriated for fiscal year 2021 for the
National Aeronautics and Space Administration, $2,000,000,000
to carry out subsection (b).
(10) Environmental protection agency.--There is authorized
to be appropriated for fiscal year 2021 for the Environmental
Protection Agency, $200,000,000 to carry out subsection (b).
(11) National science foundation.--There is authorized to
be appropriated for fiscal year 2021 for the National Science
Foundation, $3,000,000,000 to carry out subsection (b).
(12) Availability of funds for administration.--
(A) In general.--Amounts authorized to be
appropriated by this subsection may be used for the
payment of indirect costs of Federal awards under
subsection (b), up to the limit otherwise allowable by
law and subject to the requirements of part 200 of
title 2, Code of Federal Regulations.
(B) Limitation.--Not more than 5 percent of each of
the amounts appropriated pursuant to this subsection
may be used for administration of awards under
subsection (b).
(13) Duration of availability.--Amounts authorized to be
appropriated by this subsection shall be available for the
purposes described in this subsection through fiscal year 2021.
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