[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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