Sec. 111. Oversight of NSF large-scale research facility projects
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The Director of the Foundation shall strengthen oversight and accountability over the full life-cycle of large-scale research facility projects, including planning, development, procurement, construction, operations, and support, and shut-down of such facilities, in order to maximize research investment. In carrying out paragraph (1), the Director shall— prioritize the scientific outcomes of large-scale research facility projects and the internal management and financial oversight of the projects; clarify the roles and responsibilities of all organizations, including offices, panels, committees, and directorates, involved in supporting large-scale research facility projects, including the role of the Major Research Equipment and Facilities Construction Panel; establish policies and procedures for the planning, management, and oversight of large-scale research facility projects at each phase of the life-cycle of the project; ensure that policies for estimating and managing costs and schedules are consistent with the best practices described in the Government Accountability Office Cost Estimating and Assessment Guide, the Government Accountability Office Schedule Assessment Guide, and the Office of Management and Budget Uniform Guidance (2 C.F.R. Part 200); establish the appropriate project management and financial management expertise required for Foundation staff to oversee large-scale research facility projects effectively, including by improving project management training and certification; and coordinate the sharing of the best management practices and lessons learned from large-scale research facility projects.
Subject to subsection (c)(1), the Director of the Foundation shall require that any pre-award analysis of a large-scale research facility includes the development and consideration of the full life-cycle cost (as defined in section 2 of the National Science Foundation Authorization Act of 1998 ( 42 U.S.C. 1862k note)) in accordance with section 14 of the National Science Foundation Authorization Act of 2002 ( 42 U.S.C. 1862n–4 ). Section 14(a)(3)(D) of the National Science Foundation Authorization Act of 2002 ( 42 U.S.C. 1862n–4(a)(3)(D) ) is amended to read as follows: readiness of plans for construction and operation, including confidence in the estimates of the full life-cycle cost (as defined in section 2 of the National Science Foundation Authorization Act of 1998 ( 42 U.S.C. 1862k note)) and the proposed schedule of completion; .
Based on the pre-award analysis described in paragraph (1), the Director shall include projected operational costs within the Foundation's out years as part of the President's yearly budget submissions to Congress. The Director of the Foundation and the National Science Board may not approve any proposed large-scale research facility project unless— an analysis of the proposed budget has been conducted to ensure the proposal is complete and reasonable; the analysis under clause
(i)follows the Government Accountability Office Cost Estimating and Assessment Guide; except as provided under subparagraph (C), an analysis of the accounting systems has been conducted; an independent cost estimate of the construction of the project has been conducted using the same detailed technical information as the project proposal estimate to determine whether the estimate is well-supported and realistic; and the Foundation and the National Science Board has considered the analyses under clauses
(i)and
(iii)and the independent cost estimate under clause
(iv)and resolved any major issues identified therein. A Foundation analysis under subparagraph (A)(i) may include an audit. The Director, at the Director's discretion, may waive the requirement under subparagraph (A)(iii) if a similar analysis of the accounting systems was conducted in the prior years. The Director shall require for each large-scale research facility project— periodic external reviews on project management and performance; adequate internal controls, policies, and procedures, and reliable accounting systems in preparation for the incurred cost audits under subparagraph (D); annual incurred cost submissions of financial expenditures; and an incurred cost audit of the project— at least once during construction at a time determined based on risk analysis and length of the award, except that the length of time between audits may not exceed 3 years; and at the completion of the construction phase. The Director shall require an independent cost estimate of the operational proposal for each large-scale research facility project. The Foundation shall strengthen internal controls to improve oversight of contingency on a large-scale research facility project. In carrying out paragraph (1), not later than 180 days after the date of enactment of this Act, the Foundation shall— retain control over a portion of the budget contingency funds of each awardee; distribute the retained funds with other incremental funds as needed; and track contingency use. The Director of the Foundation shall— not later than 90 days after the date of enactment of this Act, and periodically thereafter until the completion date, provide a briefing to the appropriate committees of Congress on the response to or progress made toward implementation of— this section; all of the issues and recommendations identified in cooperative agreement audit reports and memoranda issued by the Inspector General of the National Science Foundation in the last 5 years; and all of the issues and recommendations identified by a panel of the National Academy of Public Administration in the December 2015 report entitled National Science Foundation: Use of Cooperative Agreements to Support Large Scale Investment in Research ; and not later than 1 year after the date of enactment of this Act, notify the appropriate committees of Congress when the Foundation has implemented the recommendations identified in a panel of the National Academy of Public Administration report issued December 2015. In this section: The term appropriate committees of Congress means the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Science, Space, and Technology and the Committee on Appropriations of the House of Representatives. The term large-scale research facility project means a science and engineering facility project funded by the major research equipment and facilities construction account, or any successor thereto.
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U.S. Code
3 references not yet in our index
- 2 CFR 200
- 42 USC 1862n–4
- 42 USC 1862n–4(a)(3)(D)
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Sec. 111
Oversight of NSF large-scale research facility projects
Cite2 CFR 200
Cite42 USC 1862n–4
Cite42 USC 1862n–4(a)(3)(D)
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