[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4286 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 639
116th CONGRESS
  2d Session
                                S. 4286

                          [Report No. 116-332]

    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

                             July 22, 2020

   Mr. Markey (for himself, Mr. Tillis, Mr. Peters, Mr. Gardner, Ms. 
Warren, and Ms. Collins) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

                           December 15, 2020

               Reported by Mr. Wicker, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Research Investment to 
Spark the Economy Act'' or the ``RISE Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) Agencies provided Federal research grantees 
        flexibility during the pandemic to support graduate students, 
        postdocs, principal investigators, and technical support 
        staff.</DELETED>
        <DELETED>    (2) Agencies will need to provide current Federal 
        research grants extensions to cover time lost in research labs 
        and in the field that will impact the completion of that 
        agency's research missions and priorities. Additionally, 
        agencies allowed federally funded labs to donate necessary 
        equipment, like personal protective equipment among others, to 
        support hospitals and first responders, which will need to be 
        re-purchased and will create additional expenses to Federal 
        contracts.</DELETED>
        <DELETED>    (3) The need to ensure the United States sustains 
        the critical human infrastructure that undergirds the United 
        States research enterprise, which has created a longstanding 
        government-university partnership which has made America the 
        global leader in innovation, strengthening the health of our 
        Nation's citizens, economy, and national security.</DELETED>
        <DELETED>    (4) While the Federal Government has made 
        significant investments in new research to address COVID-19, 
        existing research has been slowed down or stopped due to COVID-
        19 modified operations of campuses and laboratories.</DELETED>
        <DELETED>    (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--graduate students, postdocs, principal 
        investigators, 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.</DELETED>
        <DELETED>    (6) While our Nation's research capacity has 
        demonstrated it can absorb shocks and pivot to address 
        immediate national threats, the scale of this pandemic is still 
        growing and unprecedented in duration and impact.</DELETED>
        <DELETED>    (7) Without funding, future innovations in areas 
        such as quantum, artificial intelligence, robotics, computing, 
        5G, space exploration, digital agriculture, cancer, and aging 
        will be forestalled while the agencies are forced to use future 
        appropriations for new research, meant to create new knowledge 
        leading to the next generation of discoveries, to cover 
        existing grants. The Nation must innovate to launch the next 50 
        years of unparalleled economic leadership and be prepared for 
        any future pandemics.</DELETED>
        <DELETED>    (8) Therefore, Congress believes it is vital that 
        the Federal Government take measures to help relieve the strain 
        agencies will be forced to face and sustain the strength of our 
        Nation's ability 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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Federal science agency.--The term ``Federal 
        science agency'' means any agency (as defined in section 551 of 
        title 5, United States Code) with at least $50,000,000 in basic 
        and applied research obligations in fiscal year 2020.</DELETED>
        <DELETED>    (2) Research institution.--The term ``research 
        institution'' means an institution of higher education (as 
        defined in section 101(a) of the Higher Education Act of 1965 
        (20 U.S.C. 1001(a))) or a nonprofit entity that conducts 
        federally funded research.</DELETED>
        <DELETED>    (3) National laboratory.--The term ``National 
        laboratory'' has the meaning given the term in section 2 of the 
        Energy Policy Act of 2005 (42 U.S.C. 15801).</DELETED>

<DELETED>SEC. 4. USE OF FUNDS.</DELETED>

<DELETED>    (a) Allowable Uses.--A Federal science agency may use 
funds authorized under this Act to--</DELETED>
        <DELETED>    (1) provide supplemental funding to extend the 
        duration of a grant to a research institution or National 
        laboratory that was awarded prior to the date of enactment of 
        this Act, or to expand the purposes of such a grant in order 
        to--</DELETED>
                <DELETED>    (A) enable a graduate student or post-
                doctoral researcher to complete work that was disrupted 
                by COVID-19;</DELETED>
                <DELETED>    (B) enable a principal investigator to 
                complete work that was disrupted by COVID-19;</DELETED>
                <DELETED>    (C) extend the training of a graduate 
                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 due to 
                COVID-19;</DELETED>
                <DELETED>    (D) allow for the use of laboratory 
                animals, reagents, equipment, or other items required 
                for research funded by a grant that was awarded prior 
                to the date of enactment of this Act, but need to be 
                replaced, refurbished, or otherwise made usable after 
                disruption because of COVID-19;</DELETED>
                <DELETED>    (E) reconfigure laboratories, restart 
                equipment and disrupted research, and other activities 
                necessary to safely resume on-site research activities 
                in laboratories that were temporarily closed or 
                redirected to COVID-19 response; and</DELETED>
                <DELETED>    (F) facilitate other competitively awarded 
                research and training activities that have been 
                disrupted by COVID-19;</DELETED>
        <DELETED>    (2) provide supplemental funding through existing 
        competitively awarded cooperative agreements and contracts to 
        cover the increased costs of construction of scientific 
        facilities and equipment that have been delayed because of 
        COVID-19; and</DELETED>
        <DELETED>    (3) award grants and cooperative agreements to 
        institutions of higher education to conduct research on the 
        behavioral, social, or economic effects of COVID-19 and the 
        responses to the disease, or on the effectiveness of such 
        responses.</DELETED>
<DELETED>    (b) Awards.--Each Federal science agency authorized to 
receive funds under this Act shall develop procedures to award such 
funds and shall award such funds as rapidly as possible.</DELETED>
<DELETED>    (c) Timing.--Funds authorized under this Act shall be 
awarded during fiscal years 2020 and 2021 and funds so awarded shall 
remain available for expenditure for up to 2 years.</DELETED>

<DELETED>SEC. 5. REGULATIONS.</DELETED>

<DELETED>    Until such time as a research institution has determined 
it can safely reopen a research laboratory funded by a Federal science 
agency, such agency shall continue to interpret regulations in a manner 
consistent with--</DELETED>
        <DELETED>    (1) the memorandum issued by the Office of 
        Management and Budget on March 19, 2020, entitled 
        ``Administrative Relief for Recipients and Applicants of 
        Federal Financial Assistance Directly Impacted by the Novel 
        Coronavirus (COVID-19) due to Loss of Operations''; 
        and</DELETED>
        <DELETED>    (2) the memorandum issued by the Office of 
        Management and Budget on March 19, 2020, entitled ``Managing 
        Federal Contract Performance Issues Associated with the Novel 
        Coronavirus (COVID-19)''.</DELETED>

<DELETED>SEC. 6. AUTHORIZATIONS OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) Department of Agriculture.--There is authorized to be 
appropriated to the Department of Agriculture for fiscal year 2020--
</DELETED>
        <DELETED>    (1) $300,000,000 to fund activities under section 
        4; and</DELETED>
        <DELETED>    (2) $80,000,000 to carry out cooperative extension 
        and education programs in response to exigent circumstances 
        created by the COVID-19 pandemic.</DELETED>
<DELETED>    (b) Department of Commerce.--There is authorized to be 
appropriated $650,000,000 to the Department of Commerce for fiscal year 
2020 to fund activities under section 4 of this Act, of which at least 
$350,000,000 shall be for use by the National Oceanic and Atmospheric 
Administration and at least $300,000,000 shall be for the National 
Institute of Standards and Technology.</DELETED>
<DELETED>    (c) Department of Defense.--There is authorized to be 
appropriated $3,000,000,000 to the Department of Defense for fiscal 
year 2020 to fund activities under section 4.</DELETED>
<DELETED>    (d) Department of Education.--There is authorized to be 
appropriated $200,000,000 to the Department of Education for fiscal 
year 2020 to fund activities under section 4 for the Institute for 
Education Sciences.</DELETED>
<DELETED>    (e) Department of Energy.--There is authorized to be 
appropriated $5,000,000,000 to the Department of Energy for fiscal year 
2020 to fund activities under section 4, of which at least 
$3,000,000,000 shall be for use by the Office of Science, at least 
$900,000,000 shall be for Energy Efficiency and Renewable Energy, at 
least $450,000,000 shall be for Nuclear Energy, at least $300,000,000 
shall be for Fossil Research and Development, at least $150,000,000 
shall be for ARPA-E, and at least $100,000,000 shall be for the Office 
of Electricity.</DELETED>
<DELETED>    (f) Department of Interior.--There is authorized to be 
appropriated $300,000,000 to the Department of Interior for fiscal year 
2020 to fund activities under section 4 for the United States 
Geological Survey.</DELETED>
<DELETED>    (g) Department of Health and Human Services.--There is 
authorized to be appropriated $10,000,000,000 to the Department of 
Health and Human Services for fiscal year 2020 to fund activities under 
section 4 for the National Institutes of Health.</DELETED>
<DELETED>    (h) NASA.--There is authorized to be appropriated 
$2,000,000,000 to the National Aeronautics and Space Administration for 
fiscal year 2020 to fund activities under section 4.</DELETED>
<DELETED>    (i) National Science Foundation.--There is authorized to 
be appropriated $3,000,000,000 to the National Science Foundation for 
fiscal year 2020 to fund activities under section 4.</DELETED>
<DELETED>    (j) Environmental Protection Agency.--There is authorized 
to be appropriated $200,000,000 to the Environmental Protection Agency 
for fiscal year 2020 to fund activities under section 4.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Research Investment to Spark the 
Economy Act of 2020'' or the ``RISE Act of 2020''.

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;
                            (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.
                                                       Calendar No. 639

116th CONGRESS

  2d Session

                                S. 4286

                          [Report No. 116-332]

_______________________________________________________________________

                                 A BILL

    To authorize appropriations for offsetting the costs related to 
  reductions in research productivity resulting from the coronavirus 
                               pandemic.

_______________________________________________________________________

                           December 15, 2020

                       Reported with an amendment