RISE Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 869 To authorize appropriations to offset costs resulting from reductions in re- search productivity in connection with the Coronavirus Disease 2019 (COVID–19), and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 5, 2021 Ms. DEGETTE (for herself, Mr. UPTON, Ms. JOHNSON of Texas, Ms. ESHOO, Mr. GONZALEZ of Ohio, Mr. BAIRD, Mrs. BEATTY, Mr. BEYER, Mr. BLU- MENAUER, Ms. BONAMICI, Mr. BROWN, Ms. BROWNLEY, Mr. BURGESS, Mr. BUTTERFIELD, Mr. CARBAJAL, Mr. CASE, Mr. CASTEN, Mr. COHEN, Mr. COLE, Mr. COOPER, Mr. CROW, Ms. DELBENE, Mr. ESPAILLAT, Mr. EVANS, Mr. FITZPATRICK, Mr. FOSTER, Ms. GARCIA of Texas, Mrs. HAYES, Mr. HIMES, Ms. HOULAHAN, Ms. KELLY of Illinois, Mr. KHANNA, Mr. KILDEE, Mr. KILMER, Mr. LAMB, Mr. LANGEVIN, Mr. LEVIN of California, Mr. LIEU, Mr. LUCAS, Mrs. CAROLYN B. MALONEY of New York, Ms. MATSUI, Mr. MCNERNEY, Ms. MENG, Mr. MORELLE, Mr. MOULTON, Mrs. MURPHY of Florida, Mr. NADLER, Ms. NEWMAN, Ms. NORTON, Mr. O’HALLERAN, Mr. PERLMUTTER, Mr. PETERS, Mr. POCAN, Ms. PORTER, Mr. RASKIN, Miss RICE of New York, Ms. ROSS, Mr. ROUZER, Ms. ROYBAL-ALLARD, Mr. RUSH, Mr. RYAN, Mr. SAN NICOLAS, Ms. SA´NCHEZ, Mr. SARBANES, Ms. SCANLON, Mr. SCHNEIDER, Mr. SHERMAN, Mr. SMITH of Washington, Mr. SWALWELL, Mr. TAKANO, Mr. TONKO, Mr. TRONE, Ms. UNDERWOOD, Mr. VARGAS, Ms. VELA´ZQUEZ, Mr. WEBER of Texas, Mr. WELCH, and Mr. DEFAZIO) in- troduced the following bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Agriculture, Armed Services, Education and Labor, Energy and Com- merce, Natural Resources, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the com- mittee concerned VerDate Sep 11 2014 23:44 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H869.IH H869 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 869 IH A BILL To authorize appropriations to offset costs resulting from reductions in research productivity in connection with the Coronavirus Disease 2019 (COVID–19), and for other purposes. 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 (1) Federal agencies have provided Federal re- 9 search awardees flexibility during the Coronavirus 10 Disease 2019 (COVID–19) pandemic to support 11 graduate and undergraduate students, post-doctoral 12 students, principal investigators, and administrative 13 and technical support staff. 14 (2) Federal agencies may need to provide cur- 15 rent Federal research awardees extensions to cover 16 time lost in awardee facilities and in the field that 17 will affect the completion of that agencies’ research 18 missions and priorities. Additionally, agencies have 19 allowed federally funded laboratories to donate nec- 20 essary equipment, such as personal protective equip- 21 VerDate Sep 11 2014 23:44 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H869.IH H869 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 869 IH ment, to support hospitals and first responders, 1 which may need to be repurchased and will create 2 additional expenses under Federal contracts, grants, 3 and cooperative agreements. 4 (3) The United States needs to sustain the crit- 5 ical human infrastructure that undergirds the 6 United States research enterprise, which has created 7 a longstanding government-university partnership, 8 that has made the United States the global leader 9 in innovation, strengthening the health of citizens of 10 the United States, the economy of the United 11 States, and national security. 12 (4) While the Federal Government has made 13 significant investments in new biomedical research 14 to address COVID–19, existing research has been 15 slowed down or stopped due to COVID–19-modified 16 operations of campuses and laboratories. 17 (5) Given the modified operations of many uni- 18 versity-based and national laboratories due to the 19 pandemic, Congress is concerned that the people 20 who comprise the research workforce (for example, 21 graduate and undergraduate students, post-doctoral 22 students, principal investigators, and administrative 23 and technical support staff) and the future health 24 and strength of the United States research enter- 25 VerDate Sep 11 2014 23:44 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H869.IH H869 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 869 IH prise and manufacturing and technology economies, 1 among others, are at risk. 2 (6) While the research capacity of the United 3 States has demonstrated that it can absorb shocks 4 and pivot to address immediate national threats, the 5 scale of the COVID–19 pandemic is still growing 6 and unprecedented in duration and effect. 7 (7) Without additional funding, future innova- 8 tions in areas such as quantum, artificial intel- 9 ligence, robotics, computing, advanced wireless, 10 space exploration, digital agriculture, earth system 11 observation and prediction, health, and science, tech- 12 nology, engineering, and mathematics education in- 13 frastructure will be forestalled as agencies are forced 14 to use future appropriations intended for new re- 15 search to cover existing awards. The United States 16 must innovate to launch the next 50 years of unpar- 17 alleled economic leadership and be prepared for any 18 future pandemics. 19 (8) It is vital that the Federal Government take 20 measures to help relieve the strain that Federal 21 agencies will be forced to face and sustain the 22 strength of the ability of the United States to re- 23 main a global leader in an increasingly competitive 24 global research environment, as other countries con- 25 VerDate Sep 11 2014 23:44 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H869.IH H869 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 869 IH tinue to make disproportionately large investments 1 in key research areas. 2 SEC. 3. AWARD AND MODIFICATION OF GRANTS, COOPERA- 3 TIVE AGREEMENTS AND OTHER FINANCIAL 4 ASSISTANCE FOR INSTITUTIONS OF HIGHER 5 EDUCATION, RESEARCH LABORATORIES, AND 6 OTHER RESEARCH INSTITUTIONS TO AD- 7 DRESS MATTERS RELATING TO DISRUPTION 8 CAUSED BY COVID–19. 9 (a) DEFINITIONS.—In this section: 10 (1) AWARD.—The term ‘‘award’’ includes a 11 grant, cooperative agreement, or other financial as- 12 sistance. 13 (2) COVID–19 PUBLIC HEALTH EMERGENCY.— 14 The term ‘‘COVID–19 public health emergency’’ 15 means the public health emergency declared by the 16 Secretary of Health and Human Services under sec- 17 tion 319 of the Public Health Service Act (42 18 U.S.C. 247d) on January 31, 2020, with respect to 19 the Coronavirus Disease 2019 (COVID–19). 20 (3) RESEARCH INSTITUTION.—The term ‘‘re- 21 search institution’’ means the following: 22 (A) An institution of higher education (as 23 defined in section 101(a) of the Higher Edu- 24 cation Act of 1965 (20 U.S.C. 1001(a))). 25 VerDate Sep 11 2014 23:44 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H869.IH H869 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 869 IH (B) A Tribal College or University (as de- 1 fined in section 316 of the Higher Education 2 Act of 1965 (20 U.S.C. 1059c)). 3 (C) A nonprofit entity that conducts feder- 4 ally funded research. 5 (4) RESEARCH LABORATORY.—The term ‘‘Re- 6 search Laboratory’’ means the following: 7 (A) A National Laboratory (as defined in 8 section 2 of the Energy Policy Act of 2005 (42 9 U.S.C. 15801)). 10 (B) A Federally Funded Research and De- 11 velopment Center for purposes of section 12 3.5.017 of title 48, Code of Federal Regula- 13 tions. 14 (b) AUTHORITY.— 15 (1) IN GENERAL.—Each officer specified in 16 paragraph (2) may exercise the authorities described 17 in paragraph (3). 18 (2) OFFICERS.—The officers specified in this 19 paragraph are as follows: 20 (A) The Secretary of Commerce, acting 21 through the Administrator of the National Oce- 22 anic and Atmospheric Administration and the 23 Director of the National Institute of Standards 24 and Technology. 25 VerDate Sep 11 2014 23:44 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H869.IH H869 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 869 IH (B) The Secretary of Agriculture. 1 (C) The Secretary of Defense. 2 (D) The Secretary of Education. 3 (E) The Secretary of Energy, acting for 4 the Department of Energy (with respect to En- 5 ergy Efficiency and Renewable Energy, Nuclear 6 Energy, and Fossil Research and Development) 7 and through the Office of Science, the Ad- 8 vanced Research Projects Agency–Energy 9 (ARPA–E), and the Office of Electricity. 10 (F) The Secretary of Interior, acting 11 through the Director of the United States Geo- 12 logical Survey. 13 (G) The Secretary of Health, acting 14 through the Director of the National Institutes 15 of Health. 16 (H) The Secretary of Transportation. 17 (I) The Administrator of the National Aer- 18 onautics and Space Administration. 19 (J) The Administrator of the Environ- 20 mental Protection Agency. 21 (K) The Director of the National Science 22 Foundation. 23 (3) AUTHORITIES.—The officers specified in 24 paragraph (1) may— 25 VerDate Sep 11 2014 23:44 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H869.IH H869 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 869 IH (A) provide supplemental funding to ex- 1 tend the duration of an award disrupted be- 2 cause of the COVID–19 public health emer- 3 gency to a research institution, Research Lab- 4 oratory, or individual that was awarded before 5 the date of the enactment of this Act, or to ex- 6 pand the purposes of such an award, in order 7 to— 8 (i) enable a post-secondary student or 9 post-doctoral researcher to complete work; 10 (ii) enable research scientists, tech- 11 nical staff, research associates, and prin- 12 cipal investigators to complete work; 13 (iii) extend the training of a post-sec- 14 ondary student, or the employment of a 15 post-doctoral researcher. on an ongoing re- 16 search project for up to 2 years because of 17 the disruption of the job market; 18 (iv) create research opportunities for 19 up to 2 years for graduate students and 20 post-doctoral researchers; 21 (v) replace, refurbish, or otherwise 22 make usable laboratory animals, reagents, 23 equipment, or other items required for re- 24 search; 25 VerDate Sep 11 2014 23:44 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H869.IH H869 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 869 IH (vi) facilitate other research (including 1 field work), training, and ongoing con- 2 struction activities, including at institu- 3 tions that are disproportionately affected 4 by the COVID–19 public health emergency 5 (such as minority-serving institutions and 6 2-year institutions of higher education); 7 (vii) enable experimental field cam- 8 paigns and maintenance of field infrastruc- 9 ture, including through replacement of dis- 10 rupted experimental data to enable comple- 11 tion of impacted research; and 12 (viii) support training in online course 13 delivery and virtual research experiences 14 that will improve quality and access needed 15 to continue undergraduate, graduate, and 16 post-doctoral training; 17 (B) issue awards to research institutions, 18 Research Laboratories, or other individuals to 19 conduct research on the effects of the 20 Coronavirus Disease 2019 and future potential 21 pandemics, on the effects and effectiveness of 22 responses to such diseases, and on improving 23 the prediction of the possible courses of such 24 pandemics; and 25 VerDate Sep 11 2014 23:44 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H869.IH H869 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 869 IH (C) provide flexibility on an award for 1 funds made available to an agency, by any prior 2 or subsequent Act, by modifying the terms and 3 conditions of the award with a research institu- 4 tion, Research Laboratory, or individual due to 5 facility closures or other limitations during the 6 COVID–19 public health emergency. 7 (4) MODIFICATIONS.—The modifications au- 8 thorized by paragraph (3)(C) include, but are not 9 limited to— 10 (A) the provision of supplemental funding 11 to extend the duration of the award concerned; 12 or 13 (B) flexibility on the allowable expenses 14 under such award. 15 (c) PROCEDURES.—The officers specified in sub- 16 section (b)(2) shall each establish procedures to carry out 17 subsection (b). 18 (d) EXPEDITED AWARDS.—Awards under subsection 19 (b) shall be issued as expeditiously as possible. 20 (e) AUTHORIZATIONS OF APPROPRIATIONS.— 21 (1) DEPARTMENT OF COMMERCE.—There is au- 22 thorized to be appropriated for fiscal year 2021 for 23 the Department of Commerce, $450,000,000 to 24 carry out subsection (b), of which— 25 VerDate Sep 11 2014 23:44 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H869.IH H869 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 869 IH (A) $300,000,000 shall be for use by the 1 National Oceanic and Atmospheric Administra- 2 tion; and 3 (B) $150,000,000 shall be for use by the 4 National Institute of Standards and Tech- 5 nology. 6 (2) DEPARTMENT OF AGRICULTURE.—There is 7 authorized to be appropriated for fiscal year 2021 8 for the Department of Agriculture, $380,000,000 to 9 carry out subsection (b). 10 (3) DEPARTMENT OF DEFENSE.—There is au- 11 thorized to be appropriated for fiscal year 2021 for 12 the Department of Defense, $3,000,000,000 to carry 13 out subsection (b). 14 (4) DEPARTMENT OF EDUCATION.—There is 15 authorized to be appropriated for fiscal year 2021 16 for the Department of Education, $200,000,000 to 17 carry out subsection (b), which shall be for use by 18 the Institute for Education Sciences. 19 (5) DEPARTMENT OF ENERGY.—There is au- 20 thorized to be appropriated for fiscal year 2021 for 21 the Department of Energy, $5,000,000,000 to carry 22 out subsection (b), of which— 23 (A) not less than $3,000,000,000 shall be 24 for use by the Office of Science; 25 VerDate Sep 11 2014 23:44 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H869.IH H869 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 869 IH (B) not less than $900,000,000 shall be 1 for Energy Efficiency and Renewable Energy; 2 (C) not less than $450,000,000 shall be 3 for Nuclear Energy; 4 (D) not less than $300,000,000 shall be 5 for Fossil Research [Text truncated for display. 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