US Codex
Pub. L.
Notes

Title II — Administrative and Regulatory Burden Reduction

114th Congress · Approved Jan 6, 2017 · 130 Stat. 2969

TITLE II Administrative and Regulatory Burden Reduction

SEC. 201. Interagency Working Group on Research Regulation.

(a)
Short Title.— This section may be cited as the “Research and Development Efficiency Act”.
(b)
Findings.— Congress makes the following findings:
(1)
Scientific and technological advancement have been the largest drivers of economic growth in the last 50 years, with the Federal Government being the largest investor in basic research.
(2)
Substantial and increasing administrative burdens and costs in Federal research administration, particularly in the higher education sector where most federally funded research is performed, are eroding funds available to carry out basic scientific research.
(3)
Federally funded grants are increasingly competitive, with the Foundation funding only approximately 1 in every 5 grant proposals.
(4)
Progress has been made over the last decade in streamlining the pre-award grant application process through the Federal Government’s Grants.gov website.
(5)
Post-award administrative costs have increased as Federal research agencies have continued to impose agency-unique compliance and reporting requirements on researchers and research institutions.
(6)
Researchers spend as much as 42 percent of their time complying with Federal regulations, including administrative tasks such as applying for grants or meeting reporting requirements.
(c)
Sense of Congress.— It is the sense of Congress that—
(1)
administrative burdens faced by researchers may be reducing the return on investment of federally funded research and development; and
(2)
it is a matter of critical importance to United States competitiveness that administrative costs of federally funded research be streamlined so that a higher proportion of federal funding is applied to direct research activities.
(d)
Establishment.— The Director of the Office of Management and Budget, in coordination with the Office of Science and Technology Policy, shall establish an interagency working group (referred to in this section as the “Working Group”) for the purpose of reducing administrative burdens on federally funded researchers while protecting the public interest through the transparency of and accountability for federally funded activities.
(e)
Responsibilities.—
(1)
In general.— The Working Group shall—
(A)
regularly review relevant, administration-related regulations imposed on federally funded researchers;
(B)
recommend those regulations or processes that may be eliminated, streamlined, or otherwise improved for the purpose described in subsection (d);
(C)
recommend ways to minimize the regulatory burden on United States institutions of higher education performing federally funded research while maintaining accountability for federal funding; and
(D)
recommend ways to identify and update specific regulations to refocus on performance-based goals rather than on process while achieving the outcome described in subparagraph (C).
(2)
Grant review.—
(A)
In general.— The Working Group shall—
(i)
conduct a comprehensive review of Federal science agency grant proposal documents; and
(ii)
develop, to the extent practicable, a simplified, uniform grant format to be used by all Federal science agencies.
(B)
Considerations.— In developing the uniform grant format, the Working Group shall consider whether to implement—
(i)
procedures for preliminary project proposals in advance of peer-review selection;
(ii)
increased use of “Just-In-Time” procedures for documentation that does not bear directly on the scientific merit of a proposal;
(iii)
simplified initial budget proposals in advance of peer review selection; and
(iv)
detailed budget proposals for applicants that peer review selection identifies as likely to be funded.
(3)
Centralized researcher profile database.—
(A)
Establishment.— The Working Group shall establish, to the extent practicable, a secure, centralized database for investigator biosketches, curriculum vitae, licenses, lists of publications, and other documents considered relevant by the Working Group.
(B)
Considerations.— In establishing the centralized profile database under subparagraph (A), the Working Group shall consider incorporating existing investigator databases.
(C)
Grant proposals.— To the extent practicable, all grant proposals shall utilize the centralized investigator profile database established under subparagraph (A).
(D)
Requirements.— Each investigator shall—
(i)
be responsible for ensuring the investigator’s profile is current and accurate; and
(ii)
be assigned a unique identifier linked to the database and accessible to all Federal funding agencies.
(4)
Centralized assurances repository.— The Working Group shall—
(A)
establish a central repository for all of the assurances required for Federal research grants; and
(B)
provide guidance to institutions of higher education and Federal science agencies on the use of the centralized assurances repository.
(5)
Comprehensive review.—
(A)
In general.— The Working Group shall—
(i)
conduct a comprehensive review of the mandated progress reports for federally funded research; and
(ii)
develop a strategy to simplify investigator progress reports.
(B)
Considerations.— In developing the strategy, the Working Group shall consider limiting progress reports to performance outcomes.
(f)
Consultation.— In carrying out its responsibilities under subsection (e)(1), the Working Group shall consult with academic researchers outside the Federal Government, including—
(1)
federally funded researchers;
(2)
non-federally funded researchers;
(3)
institutions of higher education and their representative associations;
(4)
scientific and engineering disciplinary societies and associations;
(5)
nonprofit research institutions;
(6)
industry, including small businesses;
(7)
federally funded research and development centers; and
(8)
members of the public with a stake in ensuring effectiveness, efficiency, and accountability in the performance of scientific research.
(g)
Reports.— Not later than 1 year after the date of enactment of this Act, and annually thereafter for 3 years, the Working Group shall submit to the appropriate committees of Congress a report on its responsibilities under this section, including a discussion of the considerations described in paragraphs (2)(B), (3)(B), and (5)(B) of subsection (e) and recommendations made under subsection (e)(1).

SEC. 202. Scientific and Technical Collaboration.

(a)
Definition of Scientific and Technical Workshop.— In this section, the term “scientific and technical workshop” means a symposium, seminar, or any other organized, formal gathering where scientists or engineers working in STEM research and development fields assemble to coordinate, exchange and disseminate information or to explore or clarify a defined subject, problem or area of knowledge in the STEM fields.
(b)
Sense of Congress.— It is the sense of Congress that—
(1)
the United States should encourage broad dissemination of Federal research findings and engagement of Federal researchers with the scientific and technical community; and
(2)
laboratory, test center, and field center directors and other similar heads of offices should approve scientific and technical workshop attendance if—
(A)
that attendance would meet the mission of the laboratory or test center; and
(B)
sufficient laboratory or test center funds are available for that purpose.
(c)
Attendance Policies.— Not later than 180 days after the date of enactment of this Act, the heads of the Federal science agencies shall each develop an action plan for the implementation of revisions and updates to their policies on attendance at scientific and technical workshops.
(d)
NIST Workshops.— Section 2(c) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)), as amended by section 104 of this Act, is further amended—
(1)
by redesignating paragraphs (19) through (24) as paragraphs (22) through (27), respectively; and
(2)
by inserting after paragraph (18) the following:

“(19) host, participate in, and support scientific and technical workshops (as defined in section 202 of the American Innovation and Competitiveness Act);

“(20) collect and retain any fees charged by the Secretary for hosting a scientific and technical workshop described in paragraph (19);

“(21) notwithstanding title 31 of the United States Code, use the fees described in paragraph (20) to pay for any related expenses, including subsistence expenses for participants;”

SEC. 203. Nist Grants and Cooperative Agreements Update.

Section 8(a) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3706(a)) is amended by striking “ The total amount of any such grant or cooperative agreement may not exceed 75 percent of the total cost of the program.”.

SEC. 204. Repeal of Certain Obsolete Reports.

(a)
Repeal of Certain Obsolete Reports.—
(1)
NIST reports.—
(A)
Report on donation of educationally useful federal equipment to schools.— Section 6(b) of the Technology Administration Act of 1998 (15 U.S.C. 272 note) is amended—
(i)
in paragraph (1), by striking “ (1) In general.—” and indenting appropriately; and
(ii)
by striking paragraph (2).
(B)
Three-year programmatic planning document.—
(i)
In general.— Section 23 of the National Institute of Standards and Technology Act (15 U.S.C. 278i) is amended by striking subsections (c) and (d).
(ii)
Conforming amendment.— Section 10(h)(1) of the National Institute of Standards and Technology Act (15 U.S.C. 278(h)(1)) is amended by striking the last sentence.
(2)
Multiagency report on innovation acceleration research.— Section 1008 of the America COMPETES Act (42 U.S.C. 6603) is amended—
(A)
by striking subsection (c); and
(B)
by redesignating subsection (d) as subsection (c).
(3)
NSF reports.—
(A)
Funding for successful stem education programs; report to congress.— Section 7012 of the America COMPETES Act (42 U.S.C. 1862o–4) is amended by striking subsection (c).
(B)
Encouraging participation; evaluation and report.— Section 7031 of the America COMPETES Act (42 U.S.C. 1862o–11) is amended by striking subsection (b).
(C)
Math and science partnerships program coordination report.— Section 9(c) of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n(c)) is amended—
(i)
by striking paragraph (4); and
(ii)
by redesignating paragraph (5) as paragraph (4).
(b)
National Nanotechnology Initiative Reports.— The 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7501 et seq.) is amended—
(1)
by amending section 2(c)(4) (15 U.S.C. 7501(c)(4)) to read as follows:

“(4) develop, not later than 5 years after the date of the release of the most-recent strategic plan, and update every 5 years thereafter, a strategic plan to guide the activities described under subsection (b) that describes—

“(A) the near-term and long-term objectives for the Program;

“(B) the anticipated schedule for achieving the near-term objectives; and

“(C) the metrics that will be used to assess progress toward the near-term and long-term objectives;

“(D) how the Program will move results out of the laboratory and into application for the benefit of society;

“(E) the Program’s support for long-term funding for interdisciplinary research and development in nanotechnology; and

“(F) the allocation of funding for interagency nanotechnology projects;”

(2)
by amending section 4(d) (15 U.S.C. 7503(d)) to read as follows:

“(d) Reports.—Not later than 4 years after the date of the most recent assessment under subsection (c), and quadrennially thereafter, the Advisory Panel shall submit to the President, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Science, Space, and Technology of the House of Representatives a report its assessments under subsection (c) and its recommendations for ways to improve the Program.”

; and

(3)
in section 5 (15 U.S.C. 7504)—
(A)
in the heading, by striking “ triennial” and inserting “ quadrennial”;
(B)
in subsection (a), in the matter preceding paragraph (1), by striking “ triennial” and inserting “ quadrennial”;
(C)
in subsection (b), by striking “ triennial” and inserting “ quadrennial”;
(D)
in subsection (c), by striking “ triennial” and inserting “ quadrennial”; and
(E)
by amending subsection (d) to read as follows:

“(d) Report.—

“(1) In general.—Not later than 30 days after the date the first evaluation under subsection (a) is received, and quadrennially thereafter, the Director of the National Nanotechnology Coordination Office shall report to the President its assessments under subsection (c) and its recommendations for ways to improve the Program.

“(2) Congress.—Not later than 30 days after the date the President receives the report under paragraph (1), the Director of the Office of Science and Technology Policy shall transmit a copy of the report to Congress.”

(c)
Major Research Equipment and Facilities Construction.— Section 14 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n–4) is amended—
(1)
by amending subsection (a) to read as follows:

“(a) Prioritization of Proposed Major Research Equipment and Facilities Construction.—

“(1) Development of priorities.—The Director shall—

“(A) develop a list indicating by number the relative priority for funding under the major research equipment and facilities construction account that the Director assigns to each project the Board has approved for inclusion in a future budget request; and

“(B) submit the list described in subparagraph (A) to the Board for approval.

“(2) Criteria.—The Director shall include in the criteria for developing the list under paragraph (1) the 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.

“(3) Updates.—The Director shall update the list prepared under paragraph (1) each time the Board approves a new project that would receive funding under the major research equipment and facilities construction account and periodically submit any updated list to the Board for approval.”

(2)
by striking subsection (e);
(3)
by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and
(4)
by amending subsection (c), as redesignated, to read as follows:

“(c) Board Approval of Major Research Equipment and Facilities Projects.—The Board shall explicitly approve any project to be funded out of the major research equipment and facilities construction account before any funds may be obligated from such account for such project.”

SEC. 205. Repeal of Certain Provisions.

(a)
Technology Innovation Program.—
(1)
In general.— Section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n) is repealed.
(2)
Conforming amendments.—
(A)
Additional award criteria.— Section 4226(b) of the Small Business Jobs Act of 2010 (15 U.S.C. 278n note) is repealed.
(B)
Management costs.— Section 2(d) of the National Institute of Standards and Technology Act (15 U.S.C. 272(d)) is amended by striking “ sections 25, 26, and 28” and inserting “ sections 25 and 26”.
(C)
Annual and other reports to secretary and congress.— Section 10(h)(1) of the National Institute of Standards and Technology Act (15 U.S.C. 278(h)(1)) is amended by striking “ , including the Program established under section 28,”.
(b)
Teachers for a Competitive Tomorrow.— Sections 6111 through 6116 of the America COMPETES Act (20 U.S.C. 9811, 9812, 9813, 9814, 9815, 9816) and the items relating to those sections in the table of contents under section 2 of that Act (Public Law 110–69; 121 Stat. 572) are repealed.

SEC. 206. Grant Subrecipient Transparency and Oversight.

(a)
In General.— Not later than 1 year after the date of enactment of this Act, the Inspector General of the Foundation shall prepare and submit to the appropriate committees of Congress an audit of the Foundation’s policies and procedures governing the monitoring of pass-through entities with respect to subrecipients.
(b)
Contents.— The audit shall include the following:
(1)
Information regarding the Foundation’s process to oversee—
(A)
the compliance of pass-through entities under section 200.331 and subpart F of part 200 of chapter II of subtitle A of title 2, Code of Federal Regulations, and the other requirements of that title for subrecipients;
(B)
whether pass-through entities have processes and controls in place regarding financial compliance of subrecipients, where appropriate; and
(C)
whether pass-through entities have processes and controls in place to maintain approved grant objectives for subrecipients, where appropriate.
(2)
Recommendations, if necessary, to increase transparency and oversight while balancing administrative burdens.

SEC. 207. Micro-Purchase Threshold for Procurement Solicitations by Research Institutions.

(a)
Micro-purchase Threshold.— The micro-purchase threshold for procurement activities administered under sections 6303 through 6305 of title 31, United States Code, awarded by the Foundation, the National Aeronautics and Space Administration, or the National Institute of Standards and Technology to institutions of higher education, or related or affiliated nonprofit entities, or to nonprofit research organizations or independent research institutes is—
(1)
$10,000 (as adjusted periodically to account for inflation); or
(2)
such higher threshold as determined appropriate by the head of the relevant executive agency and consistent with audit findings under chapter 75 of title 31, United States Code, internal institutional risk assessment, or State law.
(b)
Uniform Guidance.— The Uniform Guidance shall be revised to conform with the requirements of this section. For purposes of the preceding sentence, the term “Uniform Guidance” means the uniform administrative requirements, cost principles, and audit requirements for Federal awards contained in part 200 of title 2 of the Code of Federal Regulations.

SEC. 208. Coordination of International Science and Technology Partnerships.

(a)
Short Title.— This section may be cited as the “International Science and Technology Cooperation Act of 2016”.
(b)
Establishment.— The Director of the Office of Science and Technology Policy shall establish a body under the National Science and Technology Council with the responsibility to identify and coordinate international science and technology cooperation that can strengthen the United States science and technology enterprise, improve economic and national security, and support United States foreign policy goals.
(c)
NSTC Body Leadership.— The body established under subsection (b) shall be co-chaired by senior level officials from the Office of Science and Technology Policy and the Department of State.
(d)
Responsibilities.— The body established under subsection (b) shall—
(1)
plan and coordinate interagency international science and technology cooperative research and training activities and partnerships supported or managed by Federal agencies;
(2)
work with other National Science and Technology Council committees to help plan and coordinate the international component of national science and technology priorities;
(3)
establish Federal priorities and policies for aligning, as appropriate, international science and technology cooperative research and training activities and partnerships supported or managed by Federal agencies with the foreign policy goals of the United States;
(4)
identify opportunities for new international science and technology cooperative research and training partnerships that advance both the science and technology and the foreign policy priorities of the United States;
(5)
in carrying out paragraph (4), solicit input and recommendations from non-Federal science and technology stakeholders, including institutions of higher education, scientific and professional societies, industry, and other relevant organizations and institutions; and
(6)
identify broad issues that influence the ability of United States scientists and engineers to collaborate with foreign counterparts, including barriers to collaboration and access to scientific information.
(e)
Report to Congress.— The Director of the Office of Science and Technology Policy shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate and the Committee on Science, Space, and Technology and the Committee on Foreign Affairs of the House of Representatives a biennial report on the requirements of this section.
(f)
Website.— The Director shall make each report available to the public on the Office of Science and Technology Policy website.
(g)
Termination.— The body established under subsection (b) shall terminate on the date that is 10 years after the date of enactment of this Act.
(h)
Additional Reports to Congress.— The Director of the Office of Science and Technology Policy shall submit, not later than 60 days after the date of enactment of this Act and annually thereafter, to the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate and the Committee on Science, Space, and Technology and the Committee on Foreign Affairs of the House of Representatives a report that lists and describes the details of all foreign travel by Office of Science and Technology Policy staff and detailees.