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. 

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 ‘‘American Innovation 

5 Act’’. 

6 SEC. 2. CAP ADJUSTMENT. 

7 (a) IN GENERAL.—Section 251(b)(2) of the Balanced 

8 Budget and Emergency Deficit Control Act of 1985 (2 

9 U.S.C. 901(b)(2)) is amended— 


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1 (1) by redesignating subparagraph (D) as sub2 paragraph (E); and 

3 (2) by inserting after subparagraph (C), the fol4 lowing: 

5 ‘‘(D) BASIC SCIENCE RESEARCH.— 

6 ‘‘(i) NATIONAL SCIENCE FOUNDA7 TION.—If a bill or joint resolution making 

8 appropriations for a fiscal year is enacted 

9 that specifies amounts for the National 

10 Science Foundation, then the adjustments 

11 for that fiscal year shall be the amount of 

12 additional new budget authority provided 

13 in that Act for such programs for that fis14 cal year, but shall not exceed— 

15 ‘‘(I) for fiscal year 2020, 

16 $565,000,000 in additional new budg17 et authority; 

18 ‘‘(II) for fiscal year 2021, 

19 $1,170,000,000 in additional new 

20 budget authority; 

21 ‘‘(III) for fiscal year 2022, 

22 $1,820,000,000 in additional new 

23 budget authority; 


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1 ‘‘(IV) for fiscal year 2023, 

2 $2,510,000,000 in additional new 

3 budget authority; and 

4 ‘‘(V) for fiscal year 2024, 

5 $3,250,000,000 in additional new 

6 budget authority. 

7 ‘‘(ii) DEPARTMENT OF ENERGY, OF8 FICE OF SCIENCE.—If a bill or joint reso9 lution making appropriations for a fiscal 

10 year is enacted that specifies amounts for 

11 the Office of Science at the Department of 

12 Energy, then the adjustments for that fis13 cal year shall be the amount of additional 

14 new budget authority provided in that Act 

15 for such programs for that fiscal year, but 

16 shall not exceed— 

17 ‘‘(I) for fiscal year 2020, 

18 $461,000,000 in additional new budg19 et authority; 

20 ‘‘(II) for fiscal year 2021, 

21 $954,000,000 in additional new budg22 et authority; 

23 ‘‘(III) for fiscal year 2022, 

24 $1,480,000,000 in additional new 

25 budget authority; 


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1 ‘‘(IV) for fiscal year 2023, 

2 $2,050,000,000 in additional new 

3 budget authority; and 

4 ‘‘(V) for fiscal year 2024, 

5 $2,650,000,000 in additional new 

6 budget authority. 

7 ‘‘(iii) DEPARTMENT OF DEFENSE

8 SCIENCE AND TECHNOLOGY PROGRAMS.— 

9 If a bill or joint resolution making appro10 priations for a fiscal year is enacted that 

11 specifies amounts for the Department of 

12 Defense science and technology programs, 

13 then the adjustments for that fiscal year 

14 shall be the amount of additional new 

15 budget authority provided in that Act for 

16 such programs for that fiscal year, but 

17 shall not exceed— 

18 ‘‘(I) for fiscal year 2020, 

19 $1,120,000,000 in additional new 

20 budget authority; 

21 ‘‘(II) for fiscal year 2021, 

22 $2,310,000,000 in additional new 

23 budget authority; 


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1 ‘‘(III) for fiscal year 2022, 

2 $3,590,000,000 in additional new 

3 budget authority; 

4 ‘‘(IV) for fiscal year 2023, 

5 $4,960,000,000 in additional new 

6 budget authority; and 

7 ‘‘(V) for fiscal year 2024, 

8 $6,430,000,000 in additional new 

9 budget authority. 

10 ‘‘(iv) NATIONAL INSTITUTE OF

11 STANDARDS AND TECHNOLOGY SCIENTIFIC

12 AND TECHNICAL RESEARCH AND SERV13 ICES.—If a bill or joint resolution making 

14 appropriations for a fiscal year is enacted 

15 that specifies amounts for the scientific 

16 and technical research and services of the 

17 National Institute of Standards and Tech18 nology at the Department of Commerce, 

19 then the adjustments for that fiscal year 

20 shall be the amount of additional new 

21 budget authority provided in that Act for 

22 such programs for that fiscal year, but 

23 shall not exceed— 


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1 ‘‘(I) for fiscal year 2020, 

2 $51,000,000 in additional new budget 

3 authority; 

4 ‘‘(II) for fiscal year 2021, 

5 $105,000,000 in additional new budg6 et authority; 

7 ‘‘(III) for fiscal year 2022, 

8 $163,000,000 in additional new budg9 et authority; 

10 ‘‘(IV) for fiscal year 2023, 

11 $225,000,000 in additional new budg12 et authority; and 

13 ‘‘(V) for fiscal year 2024, 

14 $292,000,000 in additional new budg15 et authority. 

16 ‘‘(v) NATIONAL AERONAUTICS AND

17 SPACE ADMINISTRATION SCIENCE MISSION

18 DIRECTORATE.—If a bill or joint resolution 

19 making appropriations for a fiscal year is 

20 enacted that specifies amounts for the 

21 Science Mission Directorate at the Na22 tional Aeronautics and Space Administra23 tion, then the adjustments for that fiscal 

24 year shall be the amount of additional new 

25 budget authority provided in that Act for 


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1 such programs for that fiscal year, but 

2 shall not exceed— 

3 ‘‘(I) for fiscal year 2020, 

4 $483,000,000 in additional new budg5 et authority; 

6 ‘‘(II) for fiscal year 2021, 

7 $1,000,000,000 in additional new 

8 budget authority; 

9 ‘‘(III) for fiscal year 2022, 

10 $1,500,000,000 in additional new 

11 budget authority; 

12 ‘‘(IV) for fiscal year 2023, 

13 $2,150,000,000 in additional new 

14 budget authority; and 

15 ‘‘(V) for fiscal year 2024, 

16 $2,780,000,000 in additional new 

17 budget authority. 

18 ‘‘(vi) DEFINITIONS.—As used in this 

19 subparagraph: 

20 ‘‘(I) ADDITIONAL NEW BUDGET

21 AUTHORITY.—The term ‘additional 

22 new budget authority’ means— 

23 ‘‘(aa) with respect to the 

24 National Science Foundation, the 

25 amount provided for a fiscal 


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1 year, in excess of the amount 

2 provided in fiscal year 2019, in 

3 an appropriation Act and speci4 fied to support the National 

5 Science Foundation; 

6 ‘‘(bb) with respect to the 

7 Department of Energy Office of 

8 Science, the amount provided for 

9 a fiscal year, in excess of the 

10 amount provided in fiscal year 

11 2019, in an appropriation Act 

12 and specified to support the De13 partment of Energy Office of 

14 Science; 

15 ‘‘(cc) with respect to the De16 partment of Defense science and 

17 technology programs, the amount 

18 provided for a fiscal year, in ex19 cess of the amount provided in 

20 fiscal year 2019, in an appropria21 tion Act and specified to support 

22 the Department of Defense 

23 science and technology programs; 

24 ‘‘(dd) with respect to the 

25 National Institute of Standards 


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1 and Technology scientific and 

2 technical research services, the 

3 amount provided for a fiscal 

4 year, in excess of the amount 

5 provided in fiscal year 2019, in 

6 an appropriation Act and speci7 fied to support the National In8 stitute of Standards and Tech9 nology scientific and technical re10 search services; and 

11 ‘‘(ee) with respect to the 

12 National Aeronautics and Space 

13 Administration Science Mission 

14 Directorate, the amount provided 

15 for a fiscal year, in excess of the 

16 amount provided in fiscal year 

17 2019, in an appropriation Act 

18 and specified to support the Na19 tional Aeronautics and Space Ad20 ministration Science Mission Di21 rectorate. 

22 ‘‘(II) DEPARTMENT OF DEFENSE

23 SCIENCE AND TECHNOLOGY PRO24 GRAMS.—The term ‘Department of 

25 Defense science and technology proVerDate Sep 11 2014 22:14 May 02, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1249.IS S1249

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1 grams’ means the appropriations ac2 counts that support the various insti3 tutes, offices, and centers that make 

4 up the Department of Defense science 

5 and technology programs. 

6 ‘‘(III) DEPARTMENT OF ENERGY

7 OFFICE OF SCIENCE.—The term ‘De8 partment of Energy Office of Science’ 

9 means the appropriations accounts 

10 that support the various institutes, of11 fices, and centers that make up the 

12 Department of Energy Office of 

13 Science. 

14 ‘‘(IV) NATIONAL AERONAUTICS

15 AND SPACE ADMINISTRATION SCIENCE

16 MISSION DIRECTORATE.—The term 

17 ‘National Aeronautics and Space Ad18 ministration Science Mission Direc19 torate’ means the appropriations ac20 counts that support the various insti21 tutes, offices, and centers that make 

22 up the National Aeronautics and 

23 Space Administration Science Mission 

24 Directorate. 


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1 ‘‘(V) NATIONAL INSTITUTE OF

2 STANDARDS AND TECHNOLOGY SCI3 ENTIFIC AND TECHNICAL RESEARCH

4 AND SERVICES.—The term ‘National 

5 Institute of Standards and Tech6 nology scientific and technical re7 search and services’ means the appro8 priations accounts that support the 

9 various institutes, offices, and centers 

10 that make up the National Institute 

11 of Standards and Technology sci12 entific and technical research and 

13 services. 

14 ‘‘(VI) NATIONAL SCIENCE FOUN15 DATION.—The term ‘National Science 

16 Foundation’ means the appropriations 

17 accounts that support the various in18 stitutes, offices, and centers that 

19 make up the National Science Foun20 dation.’’. 

21 (b) FUNDING.—There are hereby authorized to be 

22 appropriated— 

23 (1) for the National Science Foundation, the 

24 amounts provided for under clause (i) of such sec25 tion 251(b)(2)(D) in each of fiscal years 2020 


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1 through 2024, and such sums as may be necessary 

2 for each subsequent fiscal year; 

3 (2) for the Department of Energy Office of 

4 Science, the amounts provided for under clause (ii) 

5 of such section 251(b)(2)(D) in each of fiscal years 

6 2020 through 2024, and such sums as may be nec7 essary for each subsequent fiscal year; 

8 (3) for the Department of Defense science and 

9 technology programs, the amounts provided for 

10 under clause (iii) of such section 251(b)(2)(D) in 

11 each of fiscal years 2020 through 2024, and such 

12 sums as may be necessary for each subsequent fiscal 

13 year; 

14 (4) for the National Institute of Standards and 

15 Technology scientific and technical research and 

16 services, the amounts provided for under clause (iv) 

17 of such section 251(b)(2)(D) in each of fiscal years 

18 2020 through 2024, and such sums as may be nec19 essary for each subsequent fiscal year; and 

20 (5) for the National Aeronautics and Space Ad21 ministration Science Mission Directorate, the 

22 amounts provided for under clause (v) of such sec23 tion 251(b)(2)(D) in each of fiscal years 2020 

24 through 2024, and such sums as may be necessary 

25 for each subsequent fiscal year. 


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1 (c) MINIMUM CONTINUED FUNDING REQUIRE2 MENT.—Amounts appropriated for each of the programs 

3 and agencies described in section 251(b)(2)(D) of the Bal4 anced Budget and Emergency Deficit Control Act of 1985 

5 (as added by subsection (a)) for each of fiscal years 2020 

6 through 2024, and each subsequent fiscal year, shall not 

7 be less than the amounts appropriated for such programs 

8 and agencies for fiscal year 2019. 

9 (d) EXEMPTION OF CERTAIN APPROPRIATIONS FROM

10 SEQUESTRATION.— 

11 (1) IN GENERAL.—Section 255(g)(1)(A) of the 

12 Balanced Budget and Emergency Deficit Control 

13 Act (2 U.S.C. 905(g)(1)(A)) is amended by inserting 

14 after ‘‘Advances to the Unemployment Trust Fund 

15 and Other Funds (16–0327–0–1–600).’’ the fol16 lowing: 

17 ‘‘Appropriations under the American 

18 Innovation Act.’’. 

19 (2) APPLICABILITY.—The amendment made by 

20 this section shall apply to any sequestration order 

21 issued under the Balanced Budget and Emergency 

22 Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) 

23 on or after the date of enactment of this Act. 

Æ 


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