,,ib ,union ,calendar ,no4 #dha #aadth ,,congress #b;d ,session ,h4 ,r4 #ejdi ,report ,no4 #aad-fai ,,in ,,the ,,house ,,of ,,representatives ,april #bf1 #bjaf ,mr4 ,loudermilk 7for himself and ,mr4 ,smith of ,texas7 introduced the following bill2 which was referred to the ,committee on ,science1 ,space1 and ,technology ,june #ac1 #bjaf ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,april #bf1 #bjaf ,a ,,bill ,to provide for improved management and oversight of major multi-user research facilities funded by the ,national ,science ,foundation1 to ensure transparency and accountability of construction and management costs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,nsf ,major ,research ,facility ,reform ,act of #bjaf4 #b4 ,definitions ,in this ,act3 7#a7 ,director ,the term ,director means the ,director of the ,foundation4 7#b7 ,foundation ,the term ,foundation means the ,national ,science ,foundation established under section #b of the ,national ,science ,foundation ,act of #aiej 7#db ,u4,s4,c4 #ahfa74 7#c7 ,major multi-user research facility ,the term major multi-user research facility means a science and engineering infrastructure construction project that exceeds the lesser of #aj percent of a ,directorate's annual budget or #ajj1jjj1jjj in total project cost that is funded in the major research equipment and facilities construction account1 or any successor thereto4 #c4 ,management and oversight of large facilities 7a7 ,large facilities office ,the ,director shall maintain a ,large ,facilities ,office4 ,the functions of the ,large ,facilities ,office shall be to support the research directorates in the development1 implementation1 and assessment of major multi-user research facilities1 including by-- 7#a7 serving as the ,foundation's primary resource for all policy or process issues related to the development and implementation of major multi-user research facilities2 7#b7 serving as a ,foundation-wide resource on project management1 including providing expert assistance on nonscientific and nontechnical aspects of project planning1 budgeting1 implementation1 management1 and oversight2 7#c7 coordinating and collaborating with research directorates to share best management practices and lessons learned from prior projects2 and 7#d7 assessing projects during preconstruction and construction phases for cost and schedule risk4 7b7 ,oversight of large facilities ,the ,director shall appoint a senior agency official as head of the ,large ,facilities ,office whose responsibility is oversight of the development1 construction1 and transfer to operations of major multi-user research facilities across the ,foundation4 7c7 ,policies for large facility costs 7#a7 ,in general ,the ,director shall ensure that the ,foundation's polices for developing and maintaining major multi-user research facility construction costs are consistent with the best practices described in the ,march #bjji ,government ,accountability ,office ,report ,,gao-#ji-c,,sp1 or any successor report thereto1 the ,uniform ,guidance in #b ,c4,f4,r4 part #bjj1 and the ,federal ,acquisition ,regulation as appropriate4 7#b7 ,cost proposal analysis 7,a7 ,general requirement ,the ,director shall ensure that an external cost proposal analysis is conducted for any major multi-user research facility4 7,b7 ,resolution of issues found ,the ,director1 or a senior agency official within the ,office of the ,director designated by the ,director1 shall certify in writing that all issues identified during the cost analysis1 including any findings of unjustified or questionable cost items1 are resolved before the ,foundation may execute a construction agreement with respect to the project4 7,c7 ,transmittal to ,congress ,the ,director shall transmit each certification made under subparagraph 7,b7 to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,appropriations of the ,house of ,representatives1 and the ,committee on ,appropriations of the ,senate4 7#c7 ,incurred cost audits ,the ,director shall ensure that an incurred cost audit is conducted at least biennially on any major multi-user research facility1 in accordance with ,government ,auditing ,standards as established in ,government ,accountability ,office ,report ,,gao-#ab-cca;,g1 or any successor report thereto1 with the first incurred cost audit to commence no later than #ab months after execution of the construction agreement4 7#d7 ,contingencies 7,a7 ,in general ,except as provided for in subparagraph 7,c77ii71 the ,foundation shall-- 7i7 provide oversight for contingency in accordance with ,cost ,principles ,uniform ,guidance in #b ,c4,f4,r4 part #bjj4dcc1 or any successor thereto1 and the ,federal ,acquisition ,regulation as appropriate1 except as provided in this paragraph2 and 7ii7 not make any award which provides for contributions to a contingency reserve held or managed by the awardee1 as defined in #b ,c4,f4,r4 part #bjj4dcc7;c74 7,b7 ,updating policy manual ,the ,foundation shall update its ,large ,facilities ,manual and any other applicable guidance for contingencies on major multi-user research facilities with regard to estimating1 monitoring1 and accounting for contingency4 7,c7 ,foundation requirements ,the policy updated under subparagraph 7,b7 shall require that the ,foundation-- 7i7 may only include contingency amounts in an award in accordance with ,cost ,principles ,uniform ,guidance in #b ,c4,f4,r4 part #bjj4dcc1 or any successor thereto1 and the ,federal ,acquisition ,regulation as appropriate2 and 7ii7 shall retain control over funds budgeted for contingency1 but may disburse budgeted contingency funds incrementally to the awardee to ensure project stability and continuity4 7,d7 ,awardee requirements ,the policy updated under subparagraph 7,b7 shall require that an awardee shall-- 7i7 provide verifiable documentation to support any amounts proposed for contingencies2 and 7ii7 support requests for the release of contingency funds with evidence of a bona fide need and that the amounts allocated to the performance baseline are reasonable and allowable4 7,e7 ,current awardees ,the ,foundation shall work with awardees for whom awards with contingency provisions have been made before the date of enactment of this ,act-- 7i7 to determine if any of their use of contingency funds represents out-of-scope changes for which ,foundation's prior written approval was not obtained2 and 7ii7 if out-of-scope changes are found1 to identify any financial action that may be appropriate4 7#e7 ,management fees 7,a7 ,definition ,in this paragraph1 the term management fee means a portion of an award made by the ,foundation for the purpose of covering ordinary and legitimate business expenses necessary to maintain operational stability which are not otherwise allowable under ,cost ,principles ,uniform ,guidance in #b ,c4,f4,r4 part #bjj1 ,subpart ,e1 or any successor regulation thereto4 7,b7 ,limitation ,the ,foundation may provide a management fee under an award only if the awardee provides justification as to the need for such funds4 ,in such cases1 the ,foundation shall take into account the awardee's overall financial circumstances when determining the amount of the fee if justified4 7,c7 ,financial information ,the ,foundation shall require award applicants to provide income and financial information covering a period of no less than #c prior years 7or in the case of an entity established less than #c years prior to the entity's application date1 the period beginning on the date of establishment and ending on the application date71 including cash on hand and net asset information1 in support of a request for management fees4 ,the ,foundation shall also require awardees to report to the ,foundation annually any sources of non-,federal funds received in excess of #ej1jjj during the award period4 7,d7 ,expense reporting ,the ,foundation shall require awardees to track and report to the ,foundation annually all expenses reimbursed or otherwise paid for with management fee funds1 in accordance with ,federal accounting practices as established in ,government ,accountability ,office ,report ,,gao-#ab-cca;,g1 or any successor report thereto4 7,e7 ,audits ,the ,inspector ,general of the ,foundation may audit any ,foundation award for compliance with this paragraph4 7,f7 ,prohibited uses ,an awardee may not use management fees for-- 7i7 costs allowable under ,cost ,principles ,uniform ,guidance in #b ,c4,f4,r4 part #bjj1 ,subpart ,e1 or any successor regulation thereto2 7ii7 alcoholic beverages2 7iii7 tickets to concerts1 sporting1 or other entertainment events2 7iv7 vacation or other travel for nonbusiness purposes2 7v7 charitable contributions1 except for a charitable contribution of direct benefit to the project or activity supported by the management fee2 7vi7 social or sporting club memberships2 7vii7 meals or entertainment for nonbusiness purposes2 7viii7 luxury or personal items2 7ix7 lobbying1 as described in the ,uniform ,guidance at #b ,c4,f4,r4 #bjj4dej2 or 7x7 any other purpose the ,foundation determines is inappropriate4 7,g7 ,review ,the ,foundation shall review management fee usage for each ,foundation award on at least an annual basis for compliance with this paragraph and the ,foundation's ,large ,facilities ,manual4 7#f7 ,report ,not later than #ab months after the date of enactment of this ,act1 the ,director shall submit to ,congress a report describing the ,foundation's policies for developing and managing major multi-user research facility construction costs1 including a description of any aspects of the policies that diverge from the best practices recommended in ,government ,accountability ,office ,report ,,gao-#ji-c,,sp1 or any successor report thereto1 and the ,uniform ,guidance in #b ,c4,f4,r4 part #bjj4 7#g7 ,noncompliance ,the ,director shall ensure that the ,foundation shall take the enforcement actions specified in #de ,c4,f4,r4 #ib4dc for noncompliance with this section4 #d4 ,whistleblower education 7a7 ,in general ,the ,foundation shall be subject to section #dgab of title #da1 ,united ,states ,code4 7b7 ,education and training ,the ,foundation shall provide education and training for ,foundation managers and staff on the requirements of such section #dgab1 and provide information on such section to all awardees1 contractors1 and employees of such awardees and contractors4 ,june #ac1 #bjaf ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed