II 

Calendar No. 639 

116TH CONGRESS 

2D SESSION S. 4286 

[Report No. 116–332] 

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 

JULY 22, 2020 

Mr. MARKEY (for himself, Mr. TILLIS, Mr. PETERS, Mr. GARDNER, Ms. WARREN, and Ms. COLLINS) introduced the following bill; which was read 

twice and referred to the Committee on Commerce, Science, and Transportation 

DECEMBER 15, 2020 

Reported by Mr. WICKER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To authorize appropriations for offsetting the costs related 

to reductions in research productivity resulting from the 

coronavirus pandemic. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Research Investment 

3 to Spark the Economy Act’’ or the ‘‘RISE Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) Agencies provided Federal research grantees 

7 flexibility during the pandemic to support graduate 

8 students, postdocs, principal investigators, and tech9 nical support staff. 

10 (2) Agencies will need to provide current Fed11 eral research grants extensions to cover time lost in 

12 research labs and in the field that will impact the 

13 completion of that agency’s research missions and 

14 priorities. Additionally, agencies allowed federally 

15 funded labs to donate necessary equipment, like per16 sonal protective equipment among others, to support 

17 hospitals and first responders, which will need to be 

18 re-purchased and will create additional expenses to 

19 Federal contracts. 

20 (3) The need to ensure the United States sus21 tains the critical human infrastructure that under22 girds the United States research enterprise, which 

23 has created a longstanding government-university 

24 partnership which has made America the global 

25 leader in innovation, strengthening the health of our 

26 Nation’s citizens, economy, and national security. 


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1 (4) While the Federal Government has made 

2 significant investments in new research to address 

3 COVID–19, existing research has been slowed down 

4 or stopped due to COVID–19 modified operations of 

5 campuses and laboratories. 

6 (5) Given the modified operations of many uni7 versity-based and national laboratories due to the 

8 pandemic, Congress is concerned that the people 

9 who comprise the research workforce—graduate stu10 dents, postdocs, principal investigators, and tech11 nical support staff—and the future health and 

12 strength of the United States research enterprise 

13 and manufacturing and technology economies, 

14 among others, are at risk. 

15 (6) While our Nation’s research capacity has 

16 demonstrated it can absorb shocks and pivot to ad17 dress immediate national threats, the scale of this 

18 pandemic is still growing and unprecedented in du19 ration and impact. 

20 (7) Without funding, future innovations in 

21 areas such as quantum, artificial intelligence, robot22 ics, computing, 5G, space exploration, digital agri23 culture, cancer, and aging will be forestalled while 

24 the agencies are forced to use future appropriations 

25 for new research, meant to create new knowledge 


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1 leading to the next generation of discoveries, to 

2 cover existing grants. The Nation must innovate to 

3 launch the next 50 years of unparalleled economic 

4 leadership and be prepared for any future 

5 pandemics. 

6 (8) Therefore, Congress believes it is vital that 

7 the Federal Government take measures to help re8 lieve the strain agencies will be forced to face and 

9 sustain the strength of our Nation’s ability to re10 main a global leader in an increasingly competitive 

11 global research environment, as other countries con12 tinue to make disproportionately large investments 

13 in key research areas. 

14 SEC. 3. DEFINITIONS. 

15 In this Act: 

16 (1) FEDERAL SCIENCE AGENCY.—The term 

17 ‘‘Federal science agency’’ means any agency (as de18 fined in section 551 of title 5, United States Code) 

19 with at least $50,000,000 in basic and applied re20 search obligations in fiscal year 2020. 

21 (2) RESEARCH INSTITUTION.—The term ‘‘re22 search institution’’ means an institution of higher 

23 education (as defined in section 101(a) of the High24 er Education Act of 1965 (20 U.S.C. 1001(a))) or 


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1 a nonprofit entity that conducts federally funded re2 search. 

3 (3) NATIONAL LABORATORY.—The term ‘‘Na4 tional laboratory’’ has the meaning given the term in 

5 section 2 of the Energy Policy Act of 2005 (42 

6 U.S.C. 15801). 

7 SEC. 4. USE OF FUNDS. 

8 (a) ALLOWABLE USES.—A Federal science agency 

9 may use funds authorized under this Act to— 

10 (1) provide supplemental funding to extend the 

11 duration of a grant to a research institution or Na12 tional laboratory that was awarded prior to the date 

13 of enactment of this Act, or to expand the purposes 

14 of such a grant in order to— 

15 (A) enable a graduate student or post-doc16 toral researcher to complete work that was dis17 rupted by COVID–19; 

18 (B) enable a principal investigator to com19 plete work that was disrupted by COVID–19; 

20 (C) extend the training of a graduate stu21 dent or the employment of a post-doctoral re22 searcher on an ongoing research project for up 

23 to 2 years because of the disruption of the job 

24 market due to COVID–19; 


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1 (D) allow for the use of laboratory ani2 mals, reagents, equipment, or other items re3 quired for research funded by a grant that was 

4 awarded prior to the date of enactment of this 

5 Act, but need to be replaced, refurbished, or 

6 otherwise made usable after disruption because 

7 of COVID–19; 

8 (E) reconfigure laboratories, restart equip9 ment and disrupted research, and other activi10 ties necessary to safely resume on-site research 

11 activities in laboratories that were temporarily 

12 closed or redirected to COVID–19 response; 

13 and 

14 (F) facilitate other competitively awarded 

15 research and training activities that have been 

16 disrupted by COVID–19; 

17 (2) provide supplemental funding through exist18 ing competitively awarded cooperative agreements 

19 and contracts to cover the increased costs of con20 struction of scientific facilities and equipment that 

21 have been delayed because of COVID–19; and 

22 (3) award grants and cooperative agreements to 

23 institutions of higher education to conduct research 

24 on the behavioral, social, or economic effects of 


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1 COVID–19 and the responses to the disease, or on 

2 the effectiveness of such responses. 

3 (b) AWARDS.—Each Federal science agency author4 ized to receive funds under this Act shall develop proce5 dures to award such funds and shall award such funds 

6 as rapidly as possible. 

7 (c) TIMING.—Funds authorized under this Act shall 

8 be awarded during fiscal years 2020 and 2021 and funds 

9 so awarded shall remain available for expenditure for up 

10 to 2 years. 

11 SEC. 5. REGULATIONS. 

12 Until such time as a research institution has deter13 mined it can safely reopen a research laboratory funded 

14 by a Federal science agency, such agency shall continue 

15 to interpret regulations in a manner consistent with— 

16 (1) the memorandum issued by the Office of 

17 Management and Budget on March 19, 2020, enti18 tled ‘‘Administrative Relief for Recipients and Appli19 cants of Federal Financial Assistance Directly Im20 pacted by the Novel Coronavirus (COVID–19) due 

21 to Loss of Operations’’; and 

22 (2) the memorandum issued by the Office of 

23 Management and Budget on March 19, 2020, enti24 tled ‘‘Managing Federal Contract Performance 


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1 Issues Associated with the Novel Coronavirus 

2 (COVID–19)’’. 

3 SEC. 6. AUTHORIZATIONS OF APPROPRIATIONS. 

4 (a) DEPARTMENT OF AGRICULTURE.—There is au5 thorized to be appropriated to the Department of Agri6 culture for fiscal year 2020— 

7 (1) $300,000,000 to fund activities under sec8 tion 4; and 

9 (2) $80,000,000 to carry out cooperative exten10 sion and education programs in response to exigent 

11 circumstances created by the COVID–19 pandemic. 

12 (b) DEPARTMENT OF COMMERCE.—There is author13 ized to be appropriated $650,000,000 to the Department 

14 of Commerce for fiscal year 2020 to fund activities under 

15 section 4 of this Act, of which at least $350,000,000 shall 

16 be for use by the National Oceanic and Atmospheric Ad17 ministration and at least $300,000,000 shall be for the 

18 National Institute of Standards and Technology. 

19 (c) DEPARTMENT OF DEFENSE.—There is author20 ized to be appropriated $3,000,000,000 to the Depart21 ment of Defense for fiscal year 2020 to fund activities 

22 under section 4. 

23 (d) DEPARTMENT OF EDUCATION.—There is author24 ized to be appropriated $200,000,000 to the Department 


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1 of Education for fiscal year 2020 to fund activities under 

2 section 4 for the Institute for Education Sciences. 

3 (e) DEPARTMENT OF ENERGY.—There is authorized 

4 to be appropriated $5,000,000,000 to the Department of 

5 Energy for fiscal year 2020 to fund activities under sec6 tion 4, of which at least $3,000,000,000 shall be for use 

7 by the Office of Science, at least $900,000,000 shall be 

8 for Energy Efficiency and Renewable Energy, at least 

9 $450,000,000 shall be for Nuclear Energy, at least 

10 $300,000,000 shall be for Fossil Research and Develop11 ment, at least $150,000,000 shall be for ARPA–E, and 

12 at least $100,000,000 shall be for the Office of Electricity. 

13 (f) DEPARTMENT OF INTERIOR.—There is authorized 

14 to be appropriated $300,000,000 to the Department of In15 terior for fiscal year 2020 to fund activities under section 

16 4 for the United States Geological Survey. 

17 (g) DEPARTMENT OF HEALTH AND HUMAN SERV18 ICES.—There is authorized to be appropriated 

19 $10,000,000,000 to the Department of Health and 

20 Human Services for fiscal year 2020 to fund activities 

21 under section 4 for the National Institutes of Health. 

22 (h) NASA.—There is authorized to be appropriated 

23 $2,000,000,000 to the National Aeronautics and Space 

24 Administration for fiscal year 2020 to fund activities 

25 under section 4. 


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1 (i) NATIONAL SCIENCE FOUNDATION.—There is au2 thorized to be appropriated $3,000,000,000 to the Na3 tional Science Foundation for fiscal year 2020 to fund ac4 tivities under section 4. 

5 (j) ENVIRONMENTAL PROTECTION AGENCY.—There 

6 is authorized to be appropriated $200,000,000 to the En7 vironmental Protection Agency for fiscal year 2020 to 

8 fund activities under section 4. 

9 SECTION 1. SHORT TITLE. 

10 This Act may be cited as the ‘‘Research Investment to 

11 Spark the Economy Act of 2020’’ or the ‘‘RISE Act of 

12 2020’’. 

13 SEC. 2. FINDINGS. 

14 Congress finds the following: 

15 (1) Federal agencies have provided Federal re16 search awardees flexibility during the Coronavirus 

17 Disease 2019 (COVID–19) pandemic to support grad18 uate and undergraduate students, post-doctoral stu19 dents, principal investigators, and administrative 

20 and technical support staff. 

21 (2) Federal agencies may need to provide current 

22 Federal research awardees extensions to cover time 

23 lost in awardee facilities and in the field that will af24 fect the completion of that agencies’ research missions 

25 and priorities. Additionally, agencies have allowed 


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1 federally funded laboratories to donate necessary 

2 equipment, such as personal protective equipment, to 

3 support hospitals and first responders, which may 

4 need to be repurchased and will create additional ex5 penses under Federal contracts, grants, and coopera6 tive agreements. 

7 (3) The United States needs to sustain the crit8 ical human infrastructure that undergirds the United 

9 States research enterprise, which has created a long10 standing government-university partnership, that has 

11 made the United States the global leader in innova12 tion, strengthening the health of citizens of the United 

13 States, the economy of the United States, and na14 tional security. 

15 (4) While the Federal Government has made sig16 nificant investments in new biomedical research to 

17 address COVID–19, existing research has been slowed 

18 down or stopped due to COVID–19-modified oper19 ations of campuses and laboratories. 

20 (5) Given the modified operations of many uni21 versity-based and national laboratories due to the 

22 pandemic, Congress is concerned that the people who 

23 comprise the research workforce (for example, grad24 uate and undergraduate students, post-doctoral stu25 dents, principal investigators, and administrative 


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1 and technical support staff) and the future health and 

2 strength of the United States research enterprise and 

3 manufacturing and technology economies, among oth4 ers, are at risk. 

5 (6) While the research capacity of the United 

6 States has demonstrated that it can absorb shocks and 

7 pivot to address immediate national threats, the scale 

8 of the COVID–19 pandemic is still growing and un9 precedented in duration and effect. 

10 (7) Without additional funding, future innova11 tions in areas such as quantum, artificial intel12 ligence, robotics, computing, advanced wireless, space 

13 exploration, digital agriculture, earth system observa14 tion and prediction, health, and science, technology, 

15 engineering, and mathematics education infrastruc16 ture will be forestalled as agencies are forced to use 

17 future appropriations intended for new research to 

18 cover existing awards. The United States must inno19 vate to launch the next 50 years of unparalleled eco20 nomic leadership and be prepared for any future 

21 pandemics. 

22 (8) It is vital that the Federal Government take 

23 measures to help relieve the strain that Federal agen24 cies will be forced to face and sustain the strength of 

25 the ability of the United States to remain a global 


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1 leader in an increasingly competitive global research 

2 environment, as other countries continue to make dis3 proportionately large investments in key research 

4 areas. 

5 SEC. 3. AWARD AND MODIFICATION OF GRANTS, COOPERA6 TIVE AGREEMENTS AND OTHER FINANCIAL 

7 ASSISTANCE FOR INSTITUTIONS OF HIGHER 

8 EDUCATION, RESEARCH LABORATORIES, AND 

9 OTHER RESEARCH INSTITUTIONS TO AD10 DRESS MATTERS RELATING TO DISRUPTION 

11 CAUSED BY COVID–19. 

12 (a) DEFINITIONS.—In this section: 

13 (1) AWARD.—The term ‘‘award’’ includes a 

14 grant, cooperative agreement, or other financial as15 sistance. 

16 (2) COVID–19 PUBLIC HEALTH EMERGENCY.— 

17 The term ‘‘COVID–19 public health emergency’’ 

18 means the public health emergency declared by the 

19 Secretary of Health and Human Services under sec20 tion 319 of the Public Health Service Act (42 U.S.C. 

21 247d) on January 31, 2020, with respect to the 

22 Coronavirus Disease 2019 (COVID–19). 

23 (3) RESEARCH INSTITUTION.—The term ‘‘re24 search institution’’ means the following: 


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1 (A) An institution of higher education (as 

2 defined in section 101(a) of the Higher Edu3 cation Act of 1965 (20 U.S.C. 1001(a))). 

4 (B) A Tribal College or University (as de5 fined in section 316 of the Higher Education Act 

6 of 1965 (20 U.S.C. 1059c)). 

7 (C) A nonprofit entity that conducts Feder8 ally funded research. 

9 (4) RESEARCH LABORATORY.—The term ‘‘Re10 search Laboratory’’ means the following: 

11 (A) A National Laboratory (as defined in 

12 section 2 of the Energy Policy Act of 2005 (42 

13 U.S.C. 15801)). 

14 (B) A Federally-Funded Research and De15 velopment Center for purposes of section 35.017 

16 of title 48, Code of Federal Regulations. 

17 (b) AUTHORITY.— 

18 (1) IN GENERAL.—Each officer specified in 

19 paragraph (2) may exercise the authorities described 

20 in paragraph (3). 

21 (2) OFFICERS.—The officers specified in this 

22 paragraph are as follows: 

23 (A) The Secretary of Commerce, acting 

24 through the Administrator of the National Oce25 anic and Atmospheric Administration and the 


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1 Director of the National Institute of Standards 

2 and Technology. 

3 (B) The Secretary of Agriculture. 

4 (C) The Secretary of Defense. 

5 (D) The Secretary of Education. 

6 (E) The Secretary of Energy, acting for the 

7 Department of Energy (with respect to Energy 

8 Efficiency and Renewable Energy, Nuclear En9 ergy, and Fossil Research and Development) and 

10 through the Office of Science, the Advanced Re11 search Projects Agency–Energy (ARPA–E), and 

12 the Office of Electricity. 

13 (F) The Secretary of Interior, acting 

14 through the Director of the United States Geo15 logical Survey. 

16 (G) The Secretary of Health, acting through 

17 the Director of the National Institutes of Health. 

18 (H) The Secretary of Transportation. 

19 (I) The Administrator of the National Aero20 nautics and Space Administration. 

21 (J) The Administrator of the Environ22 mental Protection Agency. 

23 (K) The Director of the National Science 

24 Foundation. 


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1 (3) AUTHORITIES.—The officers specified in 

2 paragraph (1) may— 

3 (A) provide supplemental funding to extend 

4 the duration of an award disrupted because of 

5 the COVID–19 public health emergency to a re6 search institution, Research Laboratory, or indi7 vidual that was awarded before the date of the 

8 enactment of this Act, or to expand the purposes 

9 of such an award, in order to— 

10 (i) enable a post-secondary student or 

11 post-doctoral researcher to complete work; 

12 (ii) enable research scientists, technical 

13 staff, research associates, and principal in14 vestigators to complete work; 

15 (iii) extend the training of a post-sec16 ondary student, or the employment of a 

17 post-doctoral researcher. on an ongoing re18 search project for up to 2 years because of 

19 the disruption of the job market; 

20 (iv) create research opportunities for 

21 up to 2 years for graduate students and 

22 post-doctoral researchers; 

23 (v) replace, refurbish, or otherwise 

24 make usable laboratory animals, reagents, 


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1 equipment, or other items required for re2 search; 

3 (vi) facilitate other research (including 

4 field work), training, and ongoing construc5 tion activities, including at institutions 

6 that are disproportionately affected by the 

7 COVID–19 public health emergency (such 

8 as minority-serving institutions and 2-year 

9 institutions of higher education); 

10 (vii) enable experimental field cam11 paigns and maintenance of field infrastruc12 ture, including through replacement of dis13 rupted experimental data to enable comple14 tion of impacted research; 

15 (viii) support training in online course 

16 delivery and virtual research experiences 

17 that will improve quality and access needed 

18 to continue undergraduate, graduate, and 

19 post-doctoral training; 

20 (B) issue awards to research institutions, 

21 Research Laboratories, or other individuals to 

22 conduct research on the effects of the Coronavirus 

23 Disease 2019 and future potential pandemics, on 

24 the effects and effectiveness of responses to such 


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1 diseases, and on improving the prediction of the 

2 possible courses of such pandemics; and 

3 (C) provide flexibility on an award for 

4 funds made available to an agency, by any prior 

5 or subsequent Act, by modifying the terms and 

6 conditions of the award with a research institu7 tion, Research Laboratory, or individual due to 

8 facility closures or other limitations during the 

9 COVID–19 public health emergency. 

10 (4) MODIFICATIONS.—The modifications author11 ized by paragraph (3)(C) include, but are not limited 

12 to— 

13 (A) the provision of supplemental funding 

14 to extend the duration of the award concerned; or 

15 (B) flexibility on the allowable expenses 

16 under such award. 

17 (c) PROCEDURES.—The officers specified in subsection 

18 (b)(2) shall each establish procedures to carry out subsection 

19 (b). 

20 (d) EXPEDITED AWARDS.—Awards under subsection 

21 (b) shall be issued as expeditiously as possible. 

22 (e) AUTHORIZATIONS OF APPROPRIATIONS.— 

23 (1) DEPARTMENT OF COMMERCE.— There is au24 thorized to be appropriated for fiscal year 2021 for 


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1 the Department of Commerce, $450,000,000 to carry 

2 out subsection (b), of which— 

3 (A) $300,000,000 shall be for use by the Na4 tional Oceanic and Atmospheric Administration; 

5 and 

6 (B) $150,000,000 shall be for use by the Na7 tional Institute of Standards and Technology. 

8 (2) DEPARTMENT OF AGRICULTURE.—There is 

9 authorized to be appropriated for fiscal year 2021 for 

10 the Department of Agriculture, $380,000,000 to carry 

11 out subsection (b). 

12 (3) DEPARTMENT OF DEFENSE.—There is au13 thorized to be appropriated for fiscal year 2021 for 

14 the Department of Defense, $3,000,000,000 to carry 

15 out subsection (b). 

16 (4) DEPARTMENT OF EDUCATION.—There is au17 thorized to be appropriated for fiscal year 2021 for 

18 the Department of Education, $200,000,000 to carry 

19 out subsection (b), which shall be for use by the Insti20 tute for Education Sciences. 

21 (5) DEPARTMENT OF ENERGY.—There is author22 ized to be appropriated for fiscal year 2021 for the 

23 Department of Energy, $5,000,000,000 to carry out 

24 subsection (b), of which— 


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1 (A) not less than $3,000,000,000 shall be for 

2 use by the Office of Science; 

3 (B) not less than $900,000,000 shall be for 

4 Energy Efficiency and Renewable Energy; 

5 (C) not less than $450,000,000 shall be for 

6 Nuclear Energy; 

7 (D) not less than $300,000,000 shall be for 

8 Fossil Research and Development; 

9 (E) not less than $150,000,000 shall be for 

10 use by the Advanced Research Projects Agency– 

11 Energy; and 

12 (F) not less than $100,000,000 shall be for 

13 use by the Office of Electricity. 

14 (6) DEPARTMENT OF INTERIOR.—There is au15 thorized to be appropriated for fiscal year 2021 for 

16 the Department of Interior, $300,000,000 to carry out 

17 subsection (b), which shall be for use by the United 

18 States Geological Survey. 

19 (7) DEPARTMENT OF HEALTH AND HUMAN SERV20 ICES.—There is authorized to be appropriated for fis21 cal year 2021 for the Department of Health and 

22 Human Services, $10,000,000,000 to carry out sub23 section (b), which shall be for use by the National In24 stitutes of Health. 


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1 (8) DEPARTMENT OF TRANSPORTATION.—There 

2 is authorized to be appropriated for fiscal year 2021 

3 for the Department of Transportation, $300,000,000 

4 to carry out subsection (b), of which not less than 

5 $130,000,000 shall be for use by the Federal Aviation 

6 Administration. 

7 (9) NATIONAL AERONAUTICS AND SPACE ADMIN8 ISTRATION.—There is authorized to be appropriated 

9 for fiscal year 2021 for the National Aeronautics and 

10 Space Administration, $2,000,000,000 to carry out 

11 subsection (b). 

12 (10) ENVIRONMENTAL PROTECTION AGENCY.— 

13 There is authorized to be appropriated for fiscal year 

14 2021 for the Environmental Protection Agency, 

15 $200,000,000 to carry out subsection (b). 

16 (11) NATIONAL SCIENCE FOUNDATION.—There is 

17 authorized to be appropriated for fiscal year 2021 for 

18 the National Science Foundation, $3,000,000,000 to 

19 carry out subsection (b). 

20 (12) AVAILABILITY OF FUNDS FOR ADMINISTRA21 TION.— 

22 (A) IN GENERAL.—Amounts authorized to 

23 be appropriated by this subsection may be used 

24 for the payment of indirect costs of Federal 

25 awards under subsection (b), up to the limit othVerDate Sep 11 2014 02:00 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6203 E:\BILLS\S4286.RS S4286

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1 erwise allowable by law and subject to the re2 quirements of part 200 of title 2, Code of Federal 

3 Regulations. 

4 (B) LIMITATION.—Not more than 5 percent 

5 of each of the amounts appropriated pursuant to 

6 this subsection may be used for administration 

7 of awards under subsection (b). 

8 (13) DURATION OF AVAILABILITY.—Amounts au9 thorized to be appropriated by this subsection shall be 

10 available for the purposes described in this subsection 

11 through fiscal year 2021. 


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Calendar No. 639 

116TH CONGRESS 

2D SESSION S. 4286 

[Report No. 116–332] 

A BILL 

To authorize appropriations for offsetting the costs 

sulting from the coronavirus pandemic. related to reductions in research productivity reDECEMBER 15, 2020 

Reported with an amendment 


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