American Innovation Act

II 116TH CONGRESS 1ST SESSION S. 1249 To prioritize funding for an expanded and sustained national investment in basic science research. IN THE SENATE OF THE UNITED STATES APRIL 30, 2019 Mr. DURBIN (for himself, Mrs. GILLIBRAND, Mr. SCHATZ, Mr. VAN HOLLEN, and Ms. BALDWIN) introduced the following bill; which was read twice and referred to the Committee on the Budget A BILL To prioritize funding for an expanded and sustained national investment in basic science research. 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 ‘‘American Innovation 4 Act’’. 5 SEC. 2. CAP ADJUSTMENT. 6 (a) IN GENERAL.—Section 251(b)(2) of the Balanced 7 Budget and Emergency Deficit Control Act of 1985 (2 8 U.S.C. 901(b)(2)) is amended— 9 VerDate Sep 11 2014 22:14 May 02, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1249.IS S1249 pbinns on DSK79D2C42PROD with BILLS 2 •S 1249 IS (1) by redesignating subparagraph (D) as sub- 1 paragraph (E); and 2 (2) by inserting after subparagraph (C), the fol- 3 lowing: 4 ‘‘(D) BASIC SCIENCE RESEARCH.— 5 ‘‘(i) NATIONAL SCIENCE FOUNDA- 6 TION.—If a bill or joint resolution making 7 appropriations for a fiscal year is enacted 8 that specifies amounts for the National 9 Science Foundation, then the adjustments 10 for that fiscal year shall be the amount of 11 additional new budget authority provided 12 in that Act for such programs for that fis- 13 cal year, but shall not exceed— 14 ‘‘(I) for fiscal year 2020, 15 $565,000,000 in additional new budg- 16 et authority; 17 ‘‘(II) for fiscal year 2021, 18 $1,170,000,000 in additional new 19 budget authority; 20 ‘‘(III) for fiscal year 2022, 21 $1,820,000,000 in additional new 22 budget authority; 23 VerDate Sep 11 2014 22:14 May 02, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1249.IS S1249 pbinns on DSK79D2C42PROD with BILLS 3 •S 1249 IS ‘‘(IV) for fiscal year 2023, 1 $2,510,000,000 in additional new 2 budget authority; and 3 ‘‘(V) for fiscal year 2024, 4 $3,250,000,000 in additional new 5 budget authority. 6 ‘‘(ii) DEPARTMENT OF ENERGY, OF- 7 FICE OF SCIENCE.—If a bill or joint reso- 8 lution making appropriations for a fiscal 9 year is enacted that specifies amounts for 10 the Office of Science at the Department of 11 Energy, then the adjustments for that fis- 12 cal year shall be the amount of additional 13 new budget authority provided in that Act 14 for such programs for that fiscal year, but 15 shall not exceed— 16 ‘‘(I) for fiscal year 2020, 17 $461,000,000 in additional new budg- 18 et authority; 19 ‘‘(II) for fiscal year 2021, 20 $954,000,000 in additional new budg- 21 et authority; 22 ‘‘(III) for fiscal year 2022, 23 $1,480,000,000 in additional new 24 budget authority; 25 VerDate Sep 11 2014 22:14 May 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1249.IS S1249 pbinns on DSK79D2C42PROD with BILLS 4 •S 1249 IS ‘‘(IV) for fiscal year 2023, 1 $2,050,000,000 in additional new 2 budget authority; and 3 ‘‘(V) for fiscal year 2024, 4 $2,650,000,000 in additional new 5 budget authority. 6 ‘‘(iii) DEPARTMENT OF DEFENSE 7 SCIENCE AND TECHNOLOGY PROGRAMS.— 8 If a bill or joint resolution making appro- 9 priations for a fiscal year is enacted that 10 specifies amounts for the Department of 11 Defense science and technology programs, 12 then the adjustments for that fiscal year 13 shall be the amount of additional new 14 budget authority provided in that Act for 15 such programs for that fiscal year, but 16 shall not exceed— 17 ‘‘(I) for fiscal year 2020, 18 $1,120,000,000 in additional new 19 budget authority; 20 ‘‘(II) for fiscal year 2021, 21 $2,310,000,000 in additional new 22 budget authority; 23 VerDate Sep 11 2014 22:14 May 02, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1249.IS S1249 pbinns on DSK79D2C42PROD with BILLS 5 •S 1249 IS ‘‘(III) for fiscal year 2022, 1 $3,590,000,000 in additional new 2 budget authority; 3 ‘‘(IV) for fiscal year 2023, 4 $4,960,000,000 in additional new 5 budget authority; and 6 ‘‘(V) for fiscal year 2024, 7 $6,430,000,000 in additional new 8 budget authority. 9 ‘‘(iv) NATIONAL INSTITUTE OF 10 STANDARDS AND TECHNOLOGY SCIENTIFIC 11 AND TECHNICAL RESEARCH AND SERV- 12 ICES.—If a bill or joint resolution making 13 appropriations for a fiscal year is enacted 14 that specifies amounts for the scientific 15 and technical research and services of the 16 National Institute of Standards and Tech- 17 nology at the Department of Commerce, 18 then the adjustments for that fiscal year 19 shall be the amount of additional new 20 budget authority provided in that Act for 21 such programs for that fiscal year, but 22 shall not exceed— 23 VerDate Sep 11 2014 22:14 May 02, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1249.IS S1249 pbinns on DSK79D2C42PROD with BILLS 6 •S 1249 IS ‘‘(I) for fiscal year 2020, 1 $51,000,000 in additional new budget 2 authority; 3 ‘‘(II) for fiscal year 2021, 4 $105,000,000 in additional new budg- 5 et authority; 6 ‘‘(III) for fiscal year 2022, 7 $163,000,000 in additional new budg- 8 et authority; 9 ‘‘(IV) for fiscal year 2023, 10 $225,000,000 in additional new budg- 11 et authority; and 12 ‘‘(V) for fiscal year 2024, 13 $292,000,000 in additional new budg- 14 et authority. 15 ‘‘(v) NATIONAL AERONAUTICS AND 16 SPACE ADMINISTRATION SCIENCE MISSION 17 DIRECTORATE.—If a bill or joint resolution 18 making appropriations for a fiscal year is 19 enacted that specifies amounts for the 20 Science Mission Directorate at the Na- 21 tional Aeronautics and Space Administra- 22 tion, then the adjustments for that fiscal 23 year shall be the amount of additional new 24 budget authority provided in that Act for 25 VerDate Sep 11 2014 22:14 May 02, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1249.IS S1249 pbinns on DSK79D2C42PROD with BILLS 7 •S 1249 IS such programs for that fiscal year, but 1 shall not exceed— 2 ‘‘(I) for fiscal year 2020, 3 $483,000,000 in additional new budg- 4 et authority; 5 ‘‘(II) for fiscal year 2021, 6 $1,000,000,000 in additional new 7 budget authority; 8 ‘‘(III) for fiscal year 2022, 9 $1,500,000,000 in additional new 10 budget authority; 11 ‘‘(IV) for fiscal year 2023, 12 $2,150,000,000 in additional new 13 budget authority; and 14 ‘‘(V) for fiscal year 2024, 15 $2,780,000,000 in additional new 16 budget authority. 17 ‘‘(vi) DEFINITIONS.—As used in this 18 subparagraph: 19 ‘‘(I) ADDITIONAL NEW BUDGET 20 AUTHORITY.—The term ‘additional 21 new budget authority’ means— 22 ‘‘(aa) with respect to the 23 National Science Foundation, the 24 amount provided for a fiscal 25 VerDate Sep 11 2014 22:14 May 02, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1249.IS S1249 pbinns on DSK79D2C42PROD with BILLS 8 •S 1249 IS year, in excess of the amount 1 provided in fiscal year 2019, in 2 an appropriation Act and speci- 3 fied to support the National 4 Science Foundation; 5 ‘‘(bb) with respect to the 6 Department of Energy Office of 7 Science, the amount provided for 8 a fiscal year, in excess of the 9 amount provided in fiscal year 10 2019, in an appropriation Act 11 and specified to support the De- 12 partment of Energy Office of 13 Science; 14 ‘‘(cc) with respect to the De- 15 partment of Defense science and 16 technology programs, the amount 17 provided for a fiscal year, in ex- 18 cess of the amount provided in 19 fiscal year 2019, in an appropria- 20 tion Act and specified to support 21 the Department of Defense 22 science and technology programs; 23 ‘‘(dd) with respect to the 24 National Institute of Standards 25 VerDate Sep 11 2014 22:14 May 02, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1249.IS S1249 pbinns on DSK79D2C42PROD with BILLS 9 •S 1249 IS and Technology scientific and 1 technical research services, the 2 amount provided for a fiscal 3 year, in excess of the amount 4 provided in fiscal year 2019, in 5 an appropriation Act and speci- 6 fied to support the National In- 7 stitute of Standards and Tech- 8 nology scientific and technical re- 9 search services; and 10 ‘‘(ee) with respect to the 11 National Aeronautics and Space 12 Administration Science Mission 13 Directorate, the amount provided 14 for a fiscal year, in excess of the 15 amount provided in fiscal year 16 2019, in an appropriation Act 17 and specified to support the Na- 18 tional Aeronautics and Space Ad- 19 ministration Science Mission Di- 20 rectorate. 21 ‘‘(II) DEPARTMENT OF DEFENSE 22 SCIENCE AND TECHNOLOGY PRO- 23 GRAMS.—The term ‘Department of 24 Defense science and technology pro- 25 VerDate Sep 11 2014 22:14 May 02, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1249.IS S1249 pbinns on DSK79D2C42PROD with BILLS 10 •S 1249 IS grams’ means the appropriations ac- 1 counts that support the various insti- 2 tutes, offices, and centers that make 3 up the Department of Defense science 4 and technology programs. 5 ‘‘(III) DEPARTMENT OF ENERGY 6 OFFICE OF SCIENCE.—The term ‘De- 7 partment of Energy Office of Science’ 8 means the appropriations accounts 9 that support the various institutes, of- 10 fices, and centers that make up the 11 Department of Energy Office of 12 Science. 13 ‘‘(IV) NATIONAL AERONAUTICS 14 AND SPACE ADMINISTRATION SCIENCE 15 MISSION DIRECTORATE.—The term 16 ‘National Aeronautics and Space Ad- 17 ministration Science Mission Direc- 18 torate’ means the appropriations ac- 19 counts that support the various insti- 20 tutes, offices, and centers that make 21 up the National Aeronautics and 22 Space Administration Science Mission 23 Directorate. 24 VerDate Sep 11 2014 22:14 May 02, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1249.IS S1249 pbinns on DSK79D2C42PROD with BILLS 11 •S 1249 IS ‘‘(V) NATIONAL INSTITUTE OF 1 STANDARDS AND TECHNOLOGY SCI- 2 ENTIFIC AND TECHNICAL RESEARCH 3 AND SERVICES.—The term ‘National 4 Institute of Standards and Tech- 5 nology scientific and technical re- 6 search and services’ means the appro- 7 priations accounts that support the 8 various institutes, offices, and centers 9 that make up the National Institute 10 of Standards and Technology sci- 11 entific and technical research and 12 services. 13 ‘‘(VI) NATIONAL SCIENCE FOUN- 14 DATION.—The term ‘National Science 15 Foundation’ means the appropriations 16 accounts that support the various in- 17 stitutes, offices, and centers that 18 make up the National Science Foun- 19 dation.’’. 20 (b) FUNDING.—There are hereby authorized to be 21 appropriated— 22 (1) for the National Science Foundation, the 23 amounts provided for under clause (i) of such sec- 24 tion 251(b)(2)(D) in each of fiscal years 2020 25 VerDate Sep 11 2014 22:14 May 02, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1249.IS S1249 pbinns on DSK79D2C42PROD with BILLS 12 •S 1249 IS through 2024, and such sums as may be necessary 1 for each subsequent fiscal year; 2 (2) for the Department of Energy Office of 3 Science, the amounts provided for under clause (ii) 4 of such section 251(b)(2)(D) in each of fiscal years 5 2020 through 2024, and such sums as may be nec- 6 essary for each subsequent fiscal year; 7 (3) for the Department of Defense science and 8 technology programs, the amounts provided for 9 under clause (iii) of such section 251(b)(2)(D) in 10 each of fiscal years 2020 through 2024, and such 11 sums as may be necessary for each subsequent fiscal 12 year; 13 (4) for the National Institute of Standards and 14 Technology scientific and technical research and 15 services, the amounts provided for under clause (iv) 16 of such section 251(b)(2)(D) in each of fiscal years 17 2020 through 2024, and such sums as may be nec- 18 essary for each subsequent fiscal year; and 19 (5) for the National Aeronautics and Space Ad- 20 ministration Science Mission Directorate, the 21 amounts provided for under clause (v) of such sec- 22 tion 251(b)(2)(D) in each of fiscal years 2020 23 through 2024, and such sums as may be necessary 24 for each subsequent fiscal year. 25 VerDate Sep 11 2014 22:14 May 02, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1249.IS S1249 pbinns on DSK79D2C42PROD with BILLS 13 •S 1249 IS (c) MINIMUM CONTINUED FUNDING REQUIRE- 1 MENT.—Amounts appropriated for each of the programs 2 and agencies described in section 251(b)(2)(D) of the Bal- 3 anced Budget and Emergency Deficit Control Act of 1985 4 (as added by subsection (a)) for each of fiscal years 2020 5 through 2024, and each subsequent fiscal year, shall not 6 be less than the amounts appropriated for such programs 7 and agencies for fiscal year 2019. 8 (d) EXEMPTION OF CERTAIN APPROPRIATIONS FROM 9 SEQUESTRATION.— 10 (1) IN GENERAL.—Section 255(g)(1)(A) of the 11 Balanced Budget and Emergency Deficit Control 12 Act (2 U.S.C. 905(g)(1)(A)) is amended by inserting 13 after ‘‘Advances to the Unemployment Trust Fund 14 and Other Funds (16–0327–0–1–600).’’ the fol- 15 lowing: 16 ‘‘Appropriations under the American 17 Innovation Act.’’. 18 (2) APPLICABILITY.—The amendment made by 19 this section shall apply to any sequestration order 20 issued under the Balanced Budget and Emergency 21 Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) 22 on or after the date of enactment of this Act. 23 Æ VerDate Sep 11 2014 22:14 May 02, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6301 E:\BILLS\S1249.IS S1249 pbinns on DSK79D2C42PROD with BILLS