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) introduced the following bill; which was read twice and referred to the Committee 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. 

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

3 SECTION 1. SHORT TITLE. 

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

5 to Spark the Economy Act of 2021’’ or the ‘‘RISE Act 

6 of 2021’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 


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1 (1) Federal agencies have provided Federal re2 search awardees flexibility during the Coronavirus 

3 Disease 2019 (COVID–19) pandemic to support 

4 graduate and undergraduate students, post-doctoral 

5 students, principal investigators, and administrative 

6 and technical support staff. 

7 (2) Federal agencies may need to provide cur8 rent Federal research awardees extensions to cover 

9 time lost in awardee facilities and in the field that 

10 will affect the completion of that agencies’ research 

11 missions and priorities. Additionally, agencies have 

12 allowed federally funded laboratories to donate nec13 essary equipment, such as personal protective equip14 ment, to support hospitals and first responders, 

15 which may need to be repurchased and will create 

16 additional expenses under Federal contracts, grants, 

17 and cooperative agreements. 

18 (3) The United States needs to sustain the crit19 ical human infrastructure that undergirds the 

20 United States research enterprise, which has created 

21 a longstanding government-university partnership, 

22 that has made the United States the global leader 

23 in innovation, strengthening the health of citizens of 

24 the United States, the economy of the United 

25 States, and national security. 


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1 (4) While the Federal Government has made 

2 significant investments in new biomedical research 

3 to address COVID–19, existing research has been 

4 slowed down or stopped due to COVID–19-modified 

5 operations of 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 (for example, 

10 graduate and undergraduate students, post-doctoral 

11 students, principal investigators, and administrative 

12 and technical support staff) and the future health 

13 and strength of the United States research enter14 prise and manufacturing and technology economies, 

15 among others, are at risk. 

16 (6) While the research capacity of the United 

17 States has demonstrated that it can absorb shocks 

18 and pivot to address immediate national threats, the 

19 scale of the COVID–19 pandemic is still growing 

20 and unprecedented in duration and effect. 

21 (7) Without additional funding, future innova22 tions in areas such as quantum, artificial intel23 ligence, robotics, computing, advanced wireless, 

24 space exploration, digital agriculture, earth system 

25 observation and prediction, health, and science, techVerDate Sep 11 2014 23:30 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S289.IS S289

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1 nology, engineering, and mathematics education in2 frastructure will be forestalled as agencies are forced 

3 to use future appropriations intended for new re4 search to cover existing awards. The United States 

5 must innovate to launch the next 50 years of unpar6 alleled economic leadership and be prepared for any 

7 future pandemics. 

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

9 measures to help relieve the strain that Federal 

10 agencies will be forced to face and sustain the 

11 strength of the ability of the United States to re12 main a global leader in an increasingly competitive 

13 global research environment, as other countries con14 tinue to make disproportionately large investments 

15 in key research areas. 

16 SEC. 3. AWARD AND MODIFICATION OF GRANTS, COOPERA17 TIVE AGREEMENTS AND OTHER FINANCIAL 

18 ASSISTANCE FOR INSTITUTIONS OF HIGHER 

19 EDUCATION, RESEARCH LABORATORIES, AND 

20 OTHER RESEARCH INSTITUTIONS TO AD21 DRESS MATTERS RELATING TO DISRUPTION 

22 CAUSED BY COVID–19. 

23 (a) DEFINITIONS.—In this section: 


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

2 grant, cooperative agreement, or other financial as3 sistance. 

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

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

6 means the public health emergency declared by the 

7 Secretary of Health and Human Services under sec8 tion 319 of the Public Health Service Act (42 

9 U.S.C. 247d) on January 31, 2020, with respect to 

10 the Coronavirus Disease 2019 (COVID–19). 

11 (3) RESEARCH INSTITUTION.—The term ‘‘re12 search institution’’ means the following: 

13 (A) An institution of higher education (as 

14 defined in section 101(a) of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1001(a))). 

16 (B) A Tribal College or University (as de17 fined in section 316 of the Higher Education 

18 Act of 1965 (20 U.S.C. 1059c)). 

19 (C) A nonprofit entity that conducts feder20 ally funded research. 

21 (4) RESEARCH LABORATORY.—The term ‘‘Re22 search Laboratory’’ means the following: 

23 (A) A National Laboratory (as defined in 

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

25 U.S.C. 15801)). 


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1 (B) A Federally-Funded Research and De2 velopment Center for purposes of section 

3 35.017 of title 48, Code of Federal Regulations. 

4 (b) AUTHORITY.— 

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

6 paragraph (2) may exercise the authorities described 

7 in paragraph (3). 

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

9 paragraph are as follows: 

10 (A) The Secretary of Commerce, acting 

11 through the Administrator of the National Oce12 anic and Atmospheric Administration and the 

13 Director of the National Institute of Standards 

14 and Technology. 

15 (B) The Secretary of Agriculture. 

16 (C) The Secretary of Defense. 

17 (D) The Secretary of Education. 

18 (E) The Secretary of Energy, acting for 

19 the Department of Energy (with respect to En20 ergy Efficiency and Renewable Energy, Nuclear 

21 Energy, and Fossil Research and Development) 

22 and through the Office of Science, the Ad23 vanced Research Projects Agency–Energy 

24 (ARPA–E), and the Office of Electricity. 


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1 (F) The Secretary of Interior, acting 

2 through the Director of the United States Geo3 logical Survey. 

4 (G) The Secretary of Health, acting 

5 through the Director of the National Institutes 

6 of Health. 

7 (H) The Secretary of Transportation. 

8 (I) The Administrator of the National Aer9 onautics and Space Administration. 

10 (J) The Administrator of the Environ11 mental Protection Agency. 

12 (K) The Director of the National Science 

13 Foundation. 

14 (3) AUTHORITIES.—The officers specified in 

15 paragraph (1) may— 

16 (A) provide supplemental funding to ex17 tend the duration of an award disrupted be18 cause of the COVID–19 public health emer19 gency to a research institution, Research Lab20 oratory, or individual that was awarded before 

21 the date of the enactment of this Act, or to ex22 pand the purposes of such an award, in order 

23 to— 

24 (i) enable a post-secondary student or 

25 post-doctoral researcher to complete work; 


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1 (ii) enable research scientists, tech2 nical staff, research associates, and prin3 cipal investigators to complete work; 

4 (iii) extend the training of a post-sec5 ondary student, or the employment of a 

6 post-doctoral researcher. on an ongoing re7 search project for up to 2 years because of 

8 the disruption of the job market; 

9 (iv) create research opportunities for 

10 up to 2 years for graduate students and 

11 post-doctoral researchers; 

12 (v) replace, refurbish, or otherwise 

13 make usable laboratory animals, reagents, 

14 equipment, or other items required for re15 search; 

16 (vi) facilitate other research (including 

17 field work), training, and ongoing con18 struction activities, including at institu19 tions that are disproportionately affected 

20 by the COVID–19 public health emergency 

21 (such as minority-serving institutions and 

22 2-year institutions of higher education); 

23 (vii) enable experimental field cam24 paigns and maintenance of field infrastruc25 ture, including through replacement of disVerDate Sep 11 2014 23:30 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S289.IS S289

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1 rupted experimental data to enable comple2 tion of impacted research; and 

3 (viii) support training in online course 

4 delivery and virtual research experiences 

5 that will improve quality and access needed 

6 to continue undergraduate, graduate, and 

7 post-doctoral training; 

8 (B) issue awards to research institutions, 

9 Research Laboratories, or other individuals to 

10 conduct research on the effects of the 

11 Coronavirus Disease 2019 and future potential 

12 pandemics, on the effects and effectiveness of 

13 responses to such diseases, and on improving 

14 the prediction of the possible courses of such 

15 pandemics; and 

16 (C) provide flexibility on an award for 

17 funds made available to an agency, by any prior 

18 or subsequent Act, by modifying the terms and 

19 conditions of the award with a research institu20 tion, Research Laboratory, or individual due to 

21 facility closures or other limitations during the 

22 COVID–19 public health emergency. 

23 (4) MODIFICATIONS.—The modifications au24 thorized by paragraph (3)(C) include, but are not 

25 limited to— 


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1 (A) the provision of supplemental funding 

2 to extend the duration of the award concerned; 

3 or 

4 (B) flexibility on the allowable expenses 

5 under such award. 

6 (c) PROCEDURES.—The officers specified in sub7 section (b)(2) shall each establish procedures to carry out 

8 subsection (b). 

9 (d) EXPEDITED AWARDS.—Awards under subsection 

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

11 (e) AUTHORIZATIONS OF APPROPRIATIONS.— 

12 (1) DEPARTMENT OF COMMERCE.— There is 

13 authorized to be appropriated for fiscal year 2021 

14 for the Department of Commerce, $450,000,000 to 

15 carry out subsection (b), of which— 

16 (A) $300,000,000 shall be for use by the 

17 National Oceanic and Atmospheric Administra18 tion; and 

19 (B) $150,000,000 shall be for use by the 

20 National Institute of Standards and Tech21 nology. 

22 (2) DEPARTMENT OF AGRICULTURE.—There is 

23 authorized to be appropriated for fiscal year 2021 

24 for the Department of Agriculture, $380,000,000 to 

25 carry out subsection (b). 


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1 (3) DEPARTMENT OF DEFENSE.—There is au2 thorized to be appropriated for fiscal year 2021 for 

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

4 out subsection (b). 

5 (4) DEPARTMENT OF EDUCATION.—There is 

6 authorized to be appropriated for fiscal year 2021 

7 for the Department of Education, $200,000,000 to 

8 carry out subsection (b), which shall be for use by 

9 the Institute for Education Sciences. 

10 (5) DEPARTMENT OF ENERGY.—There is au11 thorized to be appropriated for fiscal year 2021 for 

12 the Department of Energy, $5,000,000,000 to carry 

13 out subsection (b), of which— 

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

15 for use by the Office of Science; 

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

17 for Energy Efficiency and Renewable Energy; 

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

19 for Nuclear Energy; 

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

21 for Fossil Research and Development; 

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

23 for use by the Advanced Research Projects 

24 Agency–Energy; and 


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

2 for use by the Office of Electricity. 

3 (6) DEPARTMENT OF INTERIOR.—There is au4 thorized to be appropriated for fiscal year 2021 for 

5 the Department of Interior, $300,000,000 to carry 

6 out subsection (b), which shall be for use by the 

7 United States Geological Survey. 

8 (7) DEPARTMENT OF HEALTH AND HUMAN

9 SERVICES.—There is authorized to be appropriated 

10 for fiscal year 2021 for the Department of Health 

11 and Human Services, $10,000,000,000 to carry out 

12 subsection (b), which shall be for use by the Na13 tional Institutes of Health. 

14 (8) DEPARTMENT OF TRANSPORTATION.— 

15 There is authorized to be appropriated for fiscal 

16 year 2021 for the Department of Transportation, 

17 $300,000,000 to carry out subsection (b), of which 

18 not less than $130,000,000 shall be for use by the 

19 Federal Aviation Administration. 

20 (9) NATIONAL AERONAUTICS AND SPACE AD21 MINISTRATION.—There is authorized to be appro22 priated for fiscal year 2021 for the National Aero23 nautics and Space Administration, $2,000,000,000 

24 to carry out subsection (b). 


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1 (10) ENVIRONMENTAL PROTECTION AGENCY.— 

2 There is authorized to be appropriated for fiscal 

3 year 2021 for the Environmental Protection Agency, 

4 $200,000,000 to carry out subsection (b). 

5 (11) NATIONAL SCIENCE FOUNDATION.—There 

6 is authorized to be appropriated for fiscal year 2021 

7 for the National Science Foundation, 

8 $3,000,000,000 to carry out subsection (b). 

9 (12) AVAILABILITY OF FUNDS FOR ADMINIS10 TRATION.— 

11 (A) IN GENERAL.—Amounts authorized to 

12 be appropriated by this subsection may be used 

13 for the payment of indirect costs of Federal 

14 awards under subsection (b), up to the limit 

15 otherwise allowable by law and subject to the 

16 requirements of part 200 of title 2, Code of 

17 Federal Regulations. 

18 (B) LIMITATION.—Not more than 5 per19 cent of each of the amounts appropriated pur20 suant to this subsection may be used for admin21 istration of awards under subsection (b). 

22 (13) DURATION OF AVAILABILITY.—Amounts 

23 authorized to be appropriated by this subsection 


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1 shall be available for the purposes described in this 

2 subsection through fiscal year 2021. 

Æ 


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