United States 114th Congress Status: Died 1 R cosponsors

HR 5049 — NSF Major Research Facility Reform Act of 2016

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

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 114th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

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Read HR 5049 on the official United States source →

Action History

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

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

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

  5. 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.

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

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

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

  9. Placed on the Union Calendar, Calendar No. 481.

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

  11. Ordered to be Reported (Amended) by Voice Vote.

  12. Committee Consideration and Mark-up Session Held.

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

  14. Introduced in House

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

finance education technology
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Frequently asked questions

What does HR 5049 do?
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.
Who sponsors HR 5049?
HR 5049 is sponsored by Barry Loudermilk (R).
What is the current status of HR 5049?
This bill died with 114th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 5049?
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