[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5332 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5332

   To direct the National Oceanic and Atmospheric Administration to 
              maintain the Cooperative Institute program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 6, 2026

Ms. Cantwell (for herself, Mr. Wicker, Mr. Hickenlooper, and Mrs. Hyde-
Smith) introduced the following bill; which was read twice and referred 
       to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To direct the National Oceanic and Atmospheric Administration to 
              maintain the Cooperative Institute program.

    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 ``Cooperative Institute Act of 2026''.

SEC. 2. COOPERATIVE INSTITUTES.

    (a) Definitions.--In this section:
            (1) Administration.--The term ``Administration'' means 
        National Oceanic and Atmospheric Administration.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committees on Natural Resources and Science, Space, and 
        Technology of the House of Representatives.
            (3) Cooperative institute.--The term ``Cooperative 
        Institute'' means--
                    (A) an academic or research partnership between--
                            (i) the National Oceanic and Atmospheric 
                        Administration; and
                            (ii) an eligible research institution, or 
                        an association or alliance of 2 or more 
                        eligible research institutions; and
                    (B) that was or is formed either through 
                cooperative agreements previously established under the 
                authority of section 406 of the National Oceanic and 
                Atmospheric Administration Authorization Act of 1992 
                (15 U.S.C. 1540) or under the authority of this 
                section.
            (4) Eligible research institution.--The term ``eligible 
        research institution'' means a research institution that--
                    (A) is a non-Federal academic or nonprofit 
                institution;
                    (B) has an established research program in one or 
                more areas relevant to the Administration's mission;
                    (C) promotes the involvement of students and 
                postdoctoral scientists in research and education; and
                    (D) cooperates with other research institutes 
                included in Cooperative Institutes.
            (5) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of Commerce for Oceans and Atmosphere.
    (b) In General.--
            (1) Program goals.--The Under Secretary shall maintain 
        within the Administration a Cooperative Institute program, 
        which shall promote basic and applied research, education, 
        training, and outreach that aligns with the Administration's 
        mission, fund research capabilities that do not exist within 
        the Administration, and expand research capacity in sciences 
        that are related to the work of the Administration.
            (2) Cooperative institute activities.--To achieve these 
        goals, the Cooperative Institutes shall--
                    (A) conduct collaborative, long-term research 
                relevant to the Administration's mission, with 
                substantial involvement between Administration 
                scientists and those at eligible research institutions 
                in one or more scientific disciplines of interest to 
                the Administration;
                    (B) leverage scientific, educational, and outreach 
                expertise at eligible research institutions which, 
                depending on the research needs determined by the 
                Administration, may or may not be located near an 
                Administration facility;
                    (C) support the participation of undergraduate and 
                graduate students and postdoctoral scientists in 
                Administration-related research studies; and
                    (D) strengthen or expand research capacity within 
                the research institutions in Administration-related 
                research by providing funding to support administrative 
                and scientific research activities.
            (3) Emerging research.--Every 2 years, the Under Secretary 
        shall conduct an assessment of the need for additional 
        Cooperative Institutes to address emerging research needs that 
        align with the program goals described in paragraph (1).
    (c) Establishment of Cooperative Institutes.--
            (1) In general.--The Under Secretary may establish a 
        Cooperative Institute by entering into a cooperative agreement 
        with an eligible research institution, or an association or 
        alliance of 2 or more eligible research institutions.
            (2) Competition and review.--
                    (A) In general.--Subject to subparagraph (B), the 
                Under Secretary shall use an open competition and 
                merit-based peer-review process for selecting eligible 
                research institutions for each new Cooperative 
                Institute, except as specified in subparagraph.
                    (B) Restricted pool.--The Under Secretary may use a 
                limited competition when the Administration determines 
                that it is in the best interest of the Federal 
                Government to restrict the pool of qualified eligible 
                research institution applicants. The Under Secretary 
                shall justify the rationale for such a restriction 
                under the Department of Commerce and Administration 
                policies related to Federal assistance.
            (3) Consolidation.--In cases where multiple eligible 
        research institutions join to form a Cooperative Institute, the 
        Administration shall encourage these eligible research 
        institutions to consolidate management, administrative, and 
        oversight activities into one lead Cooperative Institute, 
        provided the benefit of consolidation outweighs the costs.
            (4) Collaboration.--
                    (A) In general.--To foster collaborations, the 
                Administration is authorized to collocate Federal 
                employees and staff from eligible research institutions 
                of Cooperative Institutes. These collocations may 
                involve--
                            (i) Cooperative Institute staff hosted at 
                        Federal facilities; and
                            (ii) Federal staff assigned their duty 
                        station at the eligible research institutions.
                    (B) Choice of arrangement.--The Administration may 
                choose the arrangement described in this paragraph that 
                best fits the needs of the Cooperative Institute when 
                the benefits outweigh the costs.
    (d) Financial Assistance.--
            (1) In general.--The cooperative agreements described in 
        subsection (c)(1) shall be carried out in accordance with 
        section 6305 of title 31, United States Code, and may be 
        facilitated by a 5-year Federal financial assistance award.
            (2) Second award.--The Under Secretary may award a second 
        5-year Federal financial assistance award after a Cooperative 
        Institute renewal review, which shall--
                    (A) be based on the outcome of an externally led 
                peer review process that occurs at or about the 
                beginning of the fourth year of the initial award;
                    (B) be conducted with the help and support of the 
                Science Advisory Board of the Administration;
                    (C) include a measurement of Cooperative Institute 
                performance relative to well-established, mutually 
                agreed-upon performance measures defined by the 
                Administration and the research institutions; and
                    (D) determine a potential renewal period of not 
                more than 5 additional years and the level of funding 
                commensurate with the final review rating.
    (e) Discontinuance.--The Under Secretary may terminate or decide 
not to renew an established Cooperative Institute if the following is 
submitted to the appropriate congressional committees not less than 60 
days prior to termination or expiration of the Cooperative Institute 
cooperative agreement:
            (1) A timeline for the planned termination or expiration of 
        the Cooperative Institute.
            (2) A detailed written report, including--
                    (A) the justification for termination or expiration 
                of the Cooperative Institute;
                    (B) any failures of the Cooperative Institute to 
                meet its stated objectives, including poor management, 
                poor research quality, or poor fiscal management;
                    (C) measurements of the Cooperative Institute 
                performance relative to the mutually agreed-upon 
                performance measures defined by the Administration and 
                the eligible research institutions;
                    (D) plans for reassignment of Administration staff 
                assigned to the Cooperative Institute; and
                    (E) an explanation of how the research needs that 
                are being met by the Cooperative Institute will be 
                fulfilled by other entities within the Administration, 
                or an explanation of why the research needs no longer 
                exist.
    (f) Handbook.--The Under Secretary shall maintain a Cooperative 
Institute Handbook that outlines how the Administration will manage the 
Cooperative Institutes. The Under Secretary shall consult the Directors 
of Cooperative Institutes when updating the Cooperative Institute 
Handbook.
    (g) Maintenance of Cooperative Institutes.--The Under Secretary 
shall maintain the Cooperative Institutes, or their successor bodies, 
in existence as of the date of enactment of this Act, unless terminated 
as specified in subsection (e).
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