II 

117TH CONGRESS 

1ST SESSION S. 3096 

To make amendments to the Barry Goldwater Scholarship and Excellence 

in Education Act. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 28, 2021 

Mr. KELLY (for himself, Ms. COLLINS, Mrs. FEINSTEIN, and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To make amendments to the Barry Goldwater Scholarship 

and Excellence in Education Act. 

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 ‘‘Barry Goldwater 

5 Scholarship and Excellence in Education Modernization 

6 Act’’. 


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1 SEC. 2. AMENDMENTS TO THE BARRY GOLDWATER SCHOL2 ARSHIP AND EXCELLENCE IN EDUCATION 

3 ACT. 

4 (a) CLARIFYING AMENDMENTS TO DEFINITIONS.— 

5 Section 1403 of the Barry Goldwater Scholarship and Ex6 cellence in Education Act (20 U.S.C. 4702) is amended— 

7 (1) by striking paragraph (5) and inserting the 

8 following: 

9 ‘‘(5) The term ‘State’ means each of the 50 

10 States, the District of Columbia, the Commonwealth 

11 of Puerto Rico, Guam, the United States Virgin Is12 lands, American Samoa, the Commonwealth of the 

13 Northern Marianas, the Republic of the Marshall Is14 lands, the Federated States of Micronesia, and the 

15 Republic of Palau.’’; and 

16 (2) in paragraph (6) by inserting ‘‘, a resident 

17 of a State,’’ after ‘‘national of the United States’’. 

18 (b) BARRY GOLDWATER SCHOLARSHIP AND EXCEL19 LENCE IN EDUCATION AWARDS.— 

20 (1) Section 1405(a) of the Barry Goldwater 

21 Scholarship and Excellence in Education Program 

22 (20 U.S.C. 4704(a)) is amended— 

23 (A) in the subsection heading, by striking 

24 ‘‘AWARD OF SCHOLARSHIPS AND FELLOW25 SHIPS’’ and inserting ‘‘AWARD OF SCHOLARVerDate Sep 11 2014 17:43 Nov 01, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3096.IS S3096

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1 SHIPS, FELLOWSHIPS, AND RESEARCH INTERN2 SHIPS’’; 

3 (B) in paragraph (1)— 

4 (i) by striking ‘‘scholarships and fel5 lowships’’ and inserting ‘‘scholarships, fel6 lowships, and research internships’’ each 

7 place the term appears; and 

8 (ii) by striking ‘‘science and mathe9 matics’’ and inserting ‘‘the natural 

10 sciences, engineering, and mathematics’’; 

11 (C) in paragraph (2), by striking ‘‘mathe12 matics and the natural sciences’’ and inserting 

13 ‘‘the natural sciences, engineering, and mathe14 matics’’; 

15 (D) in paragraph (3), by striking ‘‘mathe16 matics and the natural sciences’’ and inserting 

17 ‘‘the natural sciences, engineering, and mathe18 matics’’; 

19 (E) by redesignating paragraph (4) as 

20 paragraph (5); 

21 (F) in paragraph (5), as so redesignated, 

22 by striking ‘‘scholarships and fellowships’’ and 

23 inserting ‘‘scholarships, fellowships, and re24 search internships’’; and 


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1 (G) by inserting after paragraph (3) the 

2 following: 

3 ‘‘(4) Research internships shall be awarded to 

4 outstanding undergraduate students who intend to 

5 pursue careers in the natural sciences, engineering, 

6 and mathematics, which shall be prioritized for stu7 dents attending community colleges.’’. 

8 (2) Section 1405(b) of the Barry Goldwater 

9 Scholarship and Excellence in Education Program 

10 (20 U.S.C. 4704(b)) is amended by adding at the 

11 end the following: ‘‘Recipients of research intern12 ships under this title shall be known as ‘Barry Gold13 water Interns’.’’. 

14 (c) STIPENDS.—Section 1406 of the Barry Goldwater 

15 Scholarship and Excellence in Education Act (20 U.S.C. 

16 4705) is amended by adding at the end the following: 

17 ‘‘Each person awarded a research internship under this 

18 title shall receive a stipend as may be prescribed by the 

19 Board, which shall not exceed the maximum stipend 

20 amount awarded for a scholarship or fellowship.’’. 

21 (d) SCHOLARSHIP AND RESEARCH INTERNSHIP CON22 DITIONS.—Section 1407 of the Barry Goldwater Scholar23 ship and Excellence in Education Act (20 U.S.C. 4706) 

24 is amended— 


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1 (1) in the section heading, by inserting ‘‘AND

2 RESEARCH INTERNSHIP’’ after ‘‘SCHOLARSHIP’’; 

3 (2) in subsection (a), by striking the subsection 

4 heading and inserting ‘‘SCHOLARSHIP CONDITIONS’’; 

5 (3) in subsection (b), by striking the subsection 

6 heading and inserting ‘‘REPORTS ON SCHOLAR7 SHIPS’’; and 

8 (4) by inserting at the end the following: 

9 ‘‘(c) RESEARCH INTERNSHIP CONDITIONS.—A per10 son awarded a research internship under this title may 

11 receive payments authorized under this title only during 

12 such periods as the Foundation finds that the person is 

13 maintaining satisfactory proficiency and is not engaging 

14 in gainful employment other than employment approved 

15 by the Foundation pursuant to regulations of the Board. 

16 ‘‘(d) REPORTS ON RESEARCH INTERNSHIPS.—The 

17 Foundation may require reports containing such informa18 tion in such form and to be filed at such times as the 

19 Foundation determines to be necessary from any person 

20 awarded a research internship under this title. Such re21 ports may be accompanied by a certificate from an appro22 priate official at the institution of higher education or in23 ternship employer, approved by the Foundation, stating 

24 that such person is maintaining satisfactory progress in 


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1 the internship, and is not engaged in gainful employment, 

2 except as otherwise provided in subsection (c).’’. 

3 (e) SUSTAINABLE INVESTMENTS OF FUNDS.—Sec4 tion 1408 of the Barry Goldwater Scholarship and Excel5 lence in Education Act (20 U.S.C. 4707) is amended— 

6 (1) in subsection (a), by striking ‘‘subsection 

7 (d)’’ and inserting ‘‘subsection (f)’’; 

8 (2) by redesignating subsections (c) and (d) as 

9 subsections (e) and (f), respectively; and 

10 (3) by inserting after subsection (b) the fol11 lowing: 

12 ‘‘(c) INVESTMENT IN SECURITIES.—Notwithstanding 

13 subsection (b), the Secretary of the Treasury may invest 

14 not more than 40 percent of the fund’s assets in securities 

15 other than public debt securities of the United States, if— 

16 ‘‘(1) the Secretary receives a determination 

17 from the Board that such investments are necessary 

18 to enable the Foundation to carry out the purposes 

19 of this title; and 

20 ‘‘(2) the securities in which such funds are in21 vested are traded in established United States mar22 kets. 

23 ‘‘(d) CONSTRUCTION.—Nothing in this section shall 

24 be construed to limit the authority of the Board to in25 crease the number of scholarships provided under section 


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1 1405, or to increase the amount of the stipend authorized 

2 by section 1406, as the Board considers appropriate and 

3 is otherwise consistent with the requirements of this 

4 title.’’. 

5 (f) ADMINISTRATIVE PROVISIONS.—Section 1411(a) 

6 of the Barry Goldwater Scholarship and Excellence in 

7 Education Act (20 U.S.C. 4710(a)) is amended— 

8 (1) by striking paragraph (1) and inserting the 

9 following: 

10 ‘‘(1) appoint and fix the rates of basic pay of 

11 such personnel (in addition to the Executive Sec12 retary appointed under section 1410) as may be nec13 essary to carry out the provisions of this chapter, 

14 without regard to the provisions in chapter 33 of 

15 title 5, United States Code, governing appointment 

16 in the competitive service or the provisions of chap17 ter 51 and subchapter III of chapter 53 of such 

18 title, except that— 

19 ‘‘(A) a rate of basic pay set under this 

20 paragraph may not exceed the maximum rate 

21 provided for employees in grade GS–15 of the 

22 General Schedule under section 5332 of title 5, 

23 United States Code; and 

24 ‘‘(B) the employee shall be entitled to the 

25 applicable locality-based comparability payment 


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1 under section 5304 of title 5, United States 

2 Code, subject to the applicable limitation estab3 lished under subsection (g) of such section;’’; 

4 (2) in paragraph (2) by striking ‘‘grade GS–18 

5 under section 5332 of such title’’ and inserting 

6 ‘‘level IV of the Executive Schedule’’; 

7 (3) in paragraph (7), by striking ‘‘and’’ at the 

8 end; 

9 (4) by redesignating paragraph (8) as para10 graph (10); and 

11 (5) by inserting after paragraph (7) the fol12 lowing: 

13 ‘‘(8) expend not more than 5 percent of the 

14 Foundation’s annual operating budget on programs 

15 that, in addition to or in conjunction with the Foun16 dation’s scholarship financial awards, support the 

17 development of Barry Goldwater Scholars and Barry 

18 Goldwater interns throughout their professional ca19 reers; 

20 ‘‘(9) expend not more than 5 percent of the 

21 Foundation’s annual operating budget to pay the 

22 costs associated with fundraising activities, including 

23 public and private gatherings; and’’. 

Æ 


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