RISE Act of 2021

II 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) intro- duced the following bill; which was read twice and referred to the Com- mittee 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Research Investment 4 to Spark the Economy Act of 2021’’ or the ‘‘RISE Act 5 of 2021’’. 6 SEC. 2. FINDINGS. 7 Congress finds the following: 8 VerDate Sep 11 2014 23:30 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S289.IS S289 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 289 IS (1) Federal agencies have provided Federal re- 1 search awardees flexibility during the Coronavirus 2 Disease 2019 (COVID–19) pandemic to support 3 graduate and undergraduate students, post-doctoral 4 students, principal investigators, and administrative 5 and technical support staff. 6 (2) Federal agencies may need to provide cur- 7 rent Federal research awardees extensions to cover 8 time lost in awardee facilities and in the field that 9 will affect the completion of that agencies’ research 10 missions and priorities. Additionally, agencies have 11 allowed federally funded laboratories to donate nec- 12 essary equipment, such as personal protective equip- 13 ment, to support hospitals and first responders, 14 which may need to be repurchased and will create 15 additional expenses under Federal contracts, grants, 16 and cooperative agreements. 17 (3) The United States needs to sustain the crit- 18 ical human infrastructure that undergirds the 19 United States research enterprise, which has created 20 a longstanding government-university partnership, 21 that has made the United States the global leader 22 in innovation, strengthening the health of citizens of 23 the United States, the economy of the United 24 States, and national security. 25 VerDate Sep 11 2014 23:30 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S289.IS S289 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 289 IS (4) While the Federal Government has made 1 significant investments in new biomedical research 2 to address COVID–19, existing research has been 3 slowed down or stopped due to COVID–19-modified 4 operations of campuses and laboratories. 5 (5) Given the modified operations of many uni- 6 versity-based and national laboratories due to the 7 pandemic, Congress is concerned that the people 8 who comprise the research workforce (for example, 9 graduate and undergraduate students, post-doctoral 10 students, principal investigators, and administrative 11 and technical support staff) and the future health 12 and strength of the United States research enter- 13 prise and manufacturing and technology economies, 14 among others, are at risk. 15 (6) While the research capacity of the United 16 States has demonstrated that it can absorb shocks 17 and pivot to address immediate national threats, the 18 scale of the COVID–19 pandemic is still growing 19 and unprecedented in duration and effect. 20 (7) Without additional funding, future innova- 21 tions in areas such as quantum, artificial intel- 22 ligence, robotics, computing, advanced wireless, 23 space exploration, digital agriculture, earth system 24 observation and prediction, health, and science, tech- 25 VerDate Sep 11 2014 23:30 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S289.IS S289 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 289 IS nology, engineering, and mathematics education in- 1 frastructure will be forestalled as agencies are forced 2 to use future appropriations intended for new re- 3 search to cover existing awards. The United States 4 must innovate to launch the next 50 years of unpar- 5 alleled economic leadership and be prepared for any 6 future pandemics. 7 (8) It is vital that the Federal Government take 8 measures to help relieve the strain that Federal 9 agencies will be forced to face and sustain the 10 strength of the ability of the United States to re- 11 main a global leader in an increasingly competitive 12 global research environment, as other countries con- 13 tinue to make disproportionately large investments 14 in key research areas. 15 SEC. 3. AWARD AND MODIFICATION OF GRANTS, COOPERA- 16 TIVE AGREEMENTS AND OTHER FINANCIAL 17 ASSISTANCE FOR INSTITUTIONS OF HIGHER 18 EDUCATION, RESEARCH LABORATORIES, AND 19 OTHER RESEARCH INSTITUTIONS TO AD- 20 DRESS MATTERS RELATING TO DISRUPTION 21 CAUSED BY COVID–19. 22 (a) DEFINITIONS.—In this section: 23 VerDate Sep 11 2014 23:30 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S289.IS S289 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 289 IS (1) AWARD.—The term ‘‘award’’ includes a 1 grant, cooperative agreement, or other financial as- 2 sistance. 3 (2) COVID–19 PUBLIC HEALTH EMERGENCY.— 4 The term ‘‘COVID–19 public health emergency’’ 5 means the public health emergency declared by the 6 Secretary of Health and Human Services under sec- 7 tion 319 of the Public Health Service Act (42 8 U.S.C. 247d) on January 31, 2020, with respect to 9 the Coronavirus Disease 2019 (COVID–19). 10 (3) RESEARCH INSTITUTION.—The term ‘‘re- 11 search institution’’ means the following: 12 (A) An institution of higher education (as 13 defined in section 101(a) of the Higher Edu- 14 cation Act of 1965 (20 U.S.C. 1001(a))). 15 (B) A Tribal College or University (as de- 16 fined in section 316 of the Higher Education 17 Act of 1965 (20 U.S.C. 1059c)). 18 (C) A nonprofit entity that conducts feder- 19 ally funded research. 20 (4) RESEARCH LABORATORY.—The term ‘‘Re- 21 search Laboratory’’ means the following: 22 (A) A National Laboratory (as defined in 23 section 2 of the Energy Policy Act of 2005 (42 24 U.S.C. 15801)). 25 VerDate Sep 11 2014 23:30 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S289.IS S289 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 289 IS (B) A Federally-Funded Research and De- 1 velopment Center for purposes of section 2 35.017 of title 48, Code of Federal Regulations. 3 (b) AUTHORITY.— 4 (1) IN GENERAL.—Each officer specified in 5 paragraph (2) may exercise the authorities described 6 in paragraph (3). 7 (2) OFFICERS.—The officers specified in this 8 paragraph are as follows: 9 (A) The Secretary of Commerce, acting 10 through the Administrator of the National Oce- 11 anic and Atmospheric Administration and the 12 Director of the National Institute of Standards 13 and Technology. 14 (B) The Secretary of Agriculture. 15 (C) The Secretary of Defense. 16 (D) The Secretary of Education. 17 (E) The Secretary of Energy, acting for 18 the Department of Energy (with respect to En- 19 ergy Efficiency and Renewable Energy, Nuclear 20 Energy, and Fossil Research and Development) 21 and through the Office of Science, the Ad- 22 vanced Research Projects Agency–Energy 23 (ARPA–E), and the Office of Electricity. 24 VerDate Sep 11 2014 23:30 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S289.IS S289 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 289 IS (F) The Secretary of Interior, acting 1 through the Director of the United States Geo- 2 logical Survey. 3 (G) The Secretary of Health, acting 4 through the Director of the National Institutes 5 of Health. 6 (H) The Secretary of Transportation. 7 (I) The Administrator of the National Aer- 8 onautics and Space Administration. 9 (J) The Administrator of the Environ- 10 mental Protection Agency. 11 (K) The Director of the National Science 12 Foundation. 13 (3) AUTHORITIES.—The officers specified in 14 paragraph (1) may— 15 (A) provide supplemental funding to ex- 16 tend the duration of an award disrupted be- 17 cause of the COVID–19 public health emer- 18 gency to a research institution, Research Lab- 19 oratory, or individual that was awarded before 20 the date of the enactment of this Act, or to ex- 21 pand the purposes of such an award, in order 22 to— 23 (i) enable a post-secondary student or 24 post-doctoral researcher to complete work; 25 VerDate Sep 11 2014 23:30 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S289.IS S289 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 289 IS (ii) enable research scientists, tech- 1 nical staff, research associates, and prin- 2 cipal investigators to complete work; 3 (iii) extend the training of a post-sec- 4 ondary student, or the employment of a 5 post-doctoral researcher. on an ongoing re- 6 search project for up to 2 years because of 7 the disruption of the job market; 8 (iv) create research opportunities for 9 up to 2 years for graduate students and 10 post-doctoral researchers; 11 (v) replace, refurbish, or otherwise 12 make usable laboratory animals, reagents, 13 equipment, or other items required for re- 14 search; 15 (vi) facilitate other research (including 16 field work), training, and ongoing con- 17 struction activities, including at institu- 18 tions that are disproportionately affected 19 by the COVID–19 public health emergency 20 (such as minority-serving institutions and 21 2-year institutions of higher education); 22 (vii) enable experimental field cam- 23 paigns and maintenance of field infrastruc- 24 ture, including through replacement of dis- 25 VerDate Sep 11 2014 23:30 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S289.IS S289 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 289 IS rupted experimental data to enable comple- 1 tion of impacted research; and 2 (viii) support training in online course 3 delivery and virtual research experiences 4 that will improve quality and access needed 5 to continue undergraduate, graduate, and 6 post-doctoral training; 7 (B) issue awards to research institutions, 8 Research Laboratories, or other individuals to 9 conduct research on the effects of the 10 Coronavirus Disease 2019 and future potential 11 pandemics, on the effects and effectiveness of 12 responses to such diseases, and on improving 13 the prediction of the possible courses of such 14 pandemics; and 15 (C) provide flexibility on an award for 16 funds made available to an agency, by any prior 17 or subsequent Act, by modifying the terms and 18 conditions of the award with a research institu- 19 tion, Research Laboratory, or individual due to 20 facility closures or other limitations during the 21 COVID–19 public health emergency. 22 (4) MODIFICATIONS.—The modifications au- 23 thorized by paragraph (3)(C) include, but are not 24 limited to— 25 VerDate Sep 11 2014 23:30 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S289.IS S289 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 289 IS (A) the provision of supplemental funding 1 to extend the duration of the award concerned; 2 or 3 (B) flexibility on the allowable expenses 4 under such award. 5 (c) PROCEDURES.—The officers specified in sub- 6 section (b)(2) shall each establish procedures to carry out 7 subsection (b). 8 (d) EXPEDITED AWARDS.—Awards under subsection 9 (b) shall be issued as expeditiously as possible. 10 (e) AUTHORIZATIONS OF APPROPRIATIONS.— 11 (1) DEPARTMENT OF COMMERCE.— There is 12 authorized to be appropriated for fiscal year 2021 13 for the Department of Commerce, $450,000,000 to 14 carry out subsection (b), of which— 15 (A) $300,000,000 shall be for use by the 16 National Oceanic and Atmospheric Administra- 17 tion; and 18 (B) $150,000,000 shall be for use by the 19 National Institute of Standards and Tech- 20 nology. 21 (2) DEPARTMENT OF AGRICULTURE.—There is 22 authorized to be appropriated for fiscal year 2021 23 for the Department of Agriculture, $380,000,000 to 24 carry out subsection (b). 25 VerDate Sep 11 2014 23:30 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S289.IS S289 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 289 IS (3) DEPARTMENT OF DEFENSE.—There is au- 1 thorized to be appropriated for fiscal year 2021 for 2 the Department of Defense, $3,000,000,000 to carry 3 out subsection (b). 4 (4) DEPARTMENT OF EDUCATION.—There is 5 authorized to be appropriated for fiscal year 2021 6 for the Department of Education, $200,000,000 to 7 carry out subsection (b), which shall be for use by 8 the Institute for Education Sciences. 9 (5) DEPARTMENT OF ENERGY.—There is au- 10 thorized to be appropriated for fiscal year 2021 for 11 the Department of Energy, $5,000,000,000 to carry 12 out subsection (b), of which— 13 (A) not less than $3,000,000,000 shall be 14 for use by the Office of Science; 15 (B) not less than $900,000,000 shall be 16 for Energy Efficiency and Renewable Energy; 17 (C) not less than $450,000,000 shall be 18 for Nuclear Energy; 19 (D) not less than $300,000,000 shall be 20 for Fossil Research and Development; 21 (E) not less than $150,000,000 shall be 22 for use by the Advanced Research Projects 23 Agency–Energy; and 24 VerDate Sep 11 2014 23:30 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S289.IS S289 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 289 IS (F) not less than $100,000,000 shall be 1 for use by the Office of Electricity. 2 (6) DEPARTMENT OF INTERIOR.—There is au- 3 thorized to be appropriated for fiscal year 2021 for 4 the Department of Interior, $300,000,000 to carry 5 out subsection (b), which shall be for use by the 6 United States Geological Survey. 7 (7) DEPARTMENT OF HEALTH AND HUMAN 8 SERVICES.—There is authorized to be appropriated 9 for fiscal year 2021 for the Department of Health 10 and Human Services, $10,000,000,000 to carry out 11 subsection (b), which shall be for use by the Na- 12 tional Institutes of Health. 13 (8) DEPARTMENT OF TRANSPORTATION.— 14 There is authorized to be appropriated for fiscal 15 year 2021 for the Department of Transportation, 16 $300,000,000 to carry out subsection (b), of which 17 not less than $130,000,000 shall be for use by the 18 Federal Aviation Administration. 19 (9) NATIONAL AERONAUTICS AND SPACE AD- 20 MINISTRATION.—There is authorized to be appro- 21 priated for fiscal year 2021 for the National Aero- 22 nautics and Space Administration, $2,000,000,000 23 to carry out subsection (b). 24 VerDate Sep 11 2014 23:30 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S289.IS S289 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 289 IS (10) ENVIRONMENTAL PROTECTION AGENCY.— 1 There is auth [Text truncated for display. 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