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Bill114th CongressFiled Apr 26, 2016Science, Technology, Communications
H.R. 5049

NSF Major Research Facility Reform Act of 2016

Bill journey · stage 2 of 5

Under committee review

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What it doesSummary passed house amended (Jun 14, 2016)

(This measure has not been amended since it was reported to the House on June 13, 2016. The summary of that version is repeated here.)

NSF Major Research Facility Reform Act of 2016

(Sec. 3) This bill directs the National Science Foundation (NSF) to maintain a Large Facilities Office to support its research directorates in the development, implementation, and assessment of major multi-user research facilities.

The NSF shall appoint a senior agency official to head the Office, whose responsibility shall be to oversee development, construction, and transfer to operations of major multi-user facilities across the NSF.

The bill requires:

  • an external cost proposal analysis for any major multi-user research facility;
  • the resolution of all issues identified, including any unjustified or questionable cost items; and
  • biennial incurred cost audits of any such facility.

The NSF shall not make any award which arranges for contributions to an awardee's contingency reserve.

(Contingency is the part of a budget estimate of future costs associated with possible events or conditions arising from causes whose precise outcome is indeterminable at the time of estimate, and that experience shows will likely result, in aggregate, in additional costs for the approved activity or project.)

The NSF shall update its Large Facilities Manual and any other applicable guidance for estimating, monitoring, and accounting for contingencies on major multi-user research facilities.

The updated policy shall state that the NSF: (1) may only include contingency amounts in an award meeting specified criteria; and (2) shall retain control over funds budgeted for contingency, but may disburse budgeted contingency funds incrementally to an awardee to ensure project stability and continuity.

An awardee shall: (1) furnish verifiable documentation to support proposed contingency amounts, and (2) support requests for the release of contingency funds with evidence of a bona fide need and reasonable and allowable allocations to the performance baseline.

The NSF shall work with current awardees to: (1) determine if any of their use of contingency funds represents out-of-scope changes for which prior NSF written approval was not obtained, and (2) identify appropriate financial action regarding any out-of-scope changes found.

The NSF may include management fees under an award for ordinary and legitimate business expenses, not otherwise allowable, only if the awardee furnishes a justification of need.

The NSF shall require award applicants to report:

  • income and financial information covering at least three prior years, including cash on hand and net asset information, in support of a request for management fees; and
  • any sources of nonfederal funds received in excess of $50,000 during the award period.

The NSF shall require awardees to track and report annually all expenses reimbursed or otherwise paid for with management fee funds.

The bill specifies prohibited uses for management fees.

(Sec. 4) The bill subjects the NSF to the pilot program for enhancement of contractor protection from reprisal for (whistleblower) disclosure of certain information.

The NSF shall arrange for education and training for NSF managers and staff on the pilot program and furnish information on it to all awardees and contractors and their employees.

What just happenedJun 15, 2016

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Who’s behind it

Rep. Loudermilk, Barry [R-GA-11](R-GA)Sponsor
1 cosponsor1 R
Read on Congress.gov
1cosponsors2committees17actions1related bills12subjects
  1. Jun 15, 2016IntroReferral

    Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

    Health, Education, Labor, and Pensions Committee
  2. Jun 14, 2016FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  3. Jun 14, 2016FloorH37300

    On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 412 - 9 (Roll no. 301). (text: CR 6/14/2016 H3732-3733)

  4. Jun 14, 2016Floor8000

    Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 412 - 9 (Roll no. 301).(text: CR 6/14/2016 H3732-3733)

  5. Jun 14, 2016FloorH30000

    Considered as unfinished business. (consideration: CR H3776-3777)

  6. Jun 13, 2016FloorH37220

    At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

  7. Jun 13, 2016FloorH8D000

    DEBATE - The House proceeded with forty minutes of debate on H.R. 5049.

  8. Jun 13, 2016FloorH30000

    Considered under suspension of the rules. (consideration: CR H3732-3735)

  9. Jun 13, 2016FloorH30300

    Mr. Loudermilk moved to suspend the rules and pass the bill, as amended.

  10. Jun 13, 2016CalendarsH12410

    Placed on the Union Calendar, Calendar No. 481.

  11. Jun 13, 2016CommitteeH12200

    Reported (Amended) by the Committee on Science, Space, and Technology. H. Rept. 114-619.

    Science, Space, and Technology Committee
  12. Jun 13, 2016Committee5000

    Reported (Amended) by the Committee on Science, Space, and Technology. H. Rept. 114-619.

    Science, Space, and Technology Committee
  13. Apr 27, 2016Committee

    Ordered to be Reported (Amended) by Voice Vote.

    Science, Space, and Technology Committee
  14. Apr 27, 2016Committee

    Committee Consideration and Mark-up Session Held.

    Science, Space, and Technology Committee
  15. Apr 26, 2016IntroReferralH11100

    Referred to the House Committee on Science, Space, and Technology.

    Science, Space, and Technology Committee
  16. Apr 26, 2016IntroReferralIntro-H

    Introduced in House

  17. Apr 26, 2016IntroReferral1000

    Introduced in House

Passed House amendedJun 14, 201636

(This measure has not been amended since it was reported to the House on June 13, 2016. The summary of that version is repeated here.)

NSF Major Research Facility Reform Act of 2016

(Sec. 3) This bill directs the National Science Foundation (NSF) to maintain a Large Facilities Office to support its research directorates in the development, implementation, and assessment of major multi-user research facilities.

The NSF shall appoint a senior agency official to head the Office, whose responsibility shall be to oversee development, construction, and transfer to operations of major multi-user facilities across the NSF.

The bill requires:

  • an external cost proposal analysis for any major multi-user research facility;
  • the resolution of all issues identified, including any unjustified or questionable cost items; and
  • biennial incurred cost audits of any such facility.

The NSF shall not make any award which arranges for contributions to an awardee's contingency reserve.

(Contingency is the part of a budget estimate of future costs associated with possible events or conditions arising from causes whose precise outcome is indeterminable at the time of estimate, and that experience shows will likely result, in aggregate, in additional costs for the approved activity or project.)

The NSF shall update its Large Facilities Manual and any other applicable guidance for estimating, monitoring, and accounting for contingencies on major multi-user research facilities.

The updated policy shall state that the NSF: (1) may only include contingency amounts in an award meeting specified criteria; and (2) shall retain control over funds budgeted for contingency, but may disburse budgeted contingency funds incrementally to an awardee to ensure project stability and continuity.

An awardee shall: (1) furnish verifiable documentation to support proposed contingency amounts, and (2) support requests for the release of contingency funds with evidence of a bona fide need and reasonable and allowable allocations to the performance baseline.

The NSF shall work with current awardees to: (1) determine if any of their use of contingency funds represents out-of-scope changes for which prior NSF written approval was not obtained, and (2) identify appropriate financial action regarding any out-of-scope changes found.

The NSF may include management fees under an award for ordinary and legitimate business expenses, not otherwise allowable, only if the awardee furnishes a justification of need.

The NSF shall require award applicants to report:

  • income and financial information covering at least three prior years, including cash on hand and net asset information, in support of a request for management fees; and
  • any sources of nonfederal funds received in excess of $50,000 during the award period.

The NSF shall require awardees to track and report annually all expenses reimbursed or otherwise paid for with management fee funds.

The bill specifies prohibited uses for management fees.

(Sec. 4) The bill subjects the NSF to the pilot program for enhancement of contractor protection from reprisal for (whistleblower) disclosure of certain information.

The NSF shall arrange for education and training for NSF managers and staff on the pilot program and furnish information on it to all awardees and contractors and their employees.

Reported to House with amendment(s)Jun 13, 201617

NSF Major Research Facility Reform Act of 2016

(Sec. 3) This bill directs the National Science Foundation (NSF) to maintain a Large Facilities Office to support its research directorates in the development, implementation, and assessment of major multi-user research facilities.

The NSF shall appoint a senior agency official to head the Office, whose responsibility shall be to oversee development, construction, and transfer to operations of major multi-user facilities across the NSF.

The bill requires:

  • an external cost proposal analysis for any major multi-user research facility;
  • the resolution of all issues identified, including any unjustified or questionable cost items; and
  • biennial incurred cost audits of any such facility.

The NSF shall not make any award which arranges for contributions to an awardee's contingency reserve.

(Contingency is the part of a budget estimate of future costs associated with possible events or conditions arising from causes whose precise outcome is indeterminable at the time of estimate, and that experience shows will likely result, in aggregate, in additional costs for the approved activity or project.)

The NSF shall update its Large Facilities Manual and any other applicable guidance for estimating, monitoring, and accounting for contingencies on major multi-user research facilities.

The updated policy shall state that the NSF: (1) may only include contingency amounts in an award meeting specified criteria; and (2) shall retain control over funds budgeted for contingency, but may disburse budgeted contingency funds incrementally to an awardee to ensure project stability and continuity.

An awardee shall: (1) furnish verifiable documentation to support proposed contingency amounts, and (2) support requests for the release of contingency funds with evidence of a bona fide need and reasonable and allowable allocations to the performance baseline.

The NSF shall work with current awardees to: (1) determine if any of their use of contingency funds represents out-of-scope changes for which prior NSF written approval was not obtained, and (2) identify appropriate financial action regarding any out-of-scope changes found.

The NSF may include management fees under an award for ordinary and legitimate business expenses, not otherwise allowable, only if the awardee furnishes a justification of need.

The NSF shall require award applicants to report:

  • income and financial information covering at least three prior years, including cash on hand and net asset information, in support of a request for management fees; and
  • any sources of nonfederal funds received in excess of $50,000 during the award period.

The NSF shall require awardees to track and report annually all expenses reimbursed or otherwise paid for with management fee funds.

The bill specifies prohibited uses for management fees.

(Sec. 4) The bill subjects the NSF to the pilot program for enhancement of contractor protection from reprisal for (whistleblower) disclosure of certain information.

The NSF shall arrange for education and training for NSF managers and staff on the pilot program and furnish information on it to all awardees and contractors and their employees.

Introduced in HouseApr 26, 2016

NSF Major Research Facility Reform Act of 2016

This bill directs the National Science Foundation (NSF) to maintain a Large Facilities Office to support its research directorates in the development, implementation, and assessment of major multi-user research facilities.

The NSF shall appoint a senior agency official within the Office of the Director responsible for oversight of major multi-user research facilities.

Management fees shall be a portion of an NSF award that covers ordinary and legitimate business expenses, not otherwise allowable under the Cost Principles Uniform Guidance, which are necessary to maintain operational stability.

The NSF may provide such fees under an award only if the awardee has demonstrated that it has limited or no other financial resources available to cover the expenses for which the fees are sought.

The bill:

  • specifies prohibited uses of management fees, and
  • subjects the NSF to the pilot program for enhancement of contractor protection from reprisal for disclosure of certain information.
NSF Major Research Facility Reform Act of 2016 — Informed