[House Hearing, 115 Congress] [From the U.S. Government Publishing Office] EXAMINING THE OVERHEAD COST OF RESEARCH ======================================================================= JOINT HEARING BEFORE THE SUBCOMMITTEE ON RESEARCH AND TECHNOLOGY & SUBCOMMITTEE ON OVERSIGHT COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION __________ May 24, 2017 __________ Serial No. 115-15 __________ Printed for the use of the Committee on Science, Space, and Technology [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Available via the World Wide Web: http://science.house.gov ______ U.S. GOVERNMENT PUBLISHING OFFICE 25-470 PDF WASHINGTON : 2017 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY HON. LAMAR S. SMITH, Texas, Chair FRANK D. LUCAS, Oklahoma EDDIE BERNICE JOHNSON, Texas DANA ROHRABACHER, California ZOE LOFGREN, California MO BROOKS, Alabama DANIEL LIPINSKI, Illinois RANDY HULTGREN, Illinois SUZANNE BONAMICI, Oregon BILL POSEY, Florida ALAN GRAYSON, Florida THOMAS MASSIE, Kentucky AMI BERA, California JIM BRIDENSTINE, Oklahoma ELIZABETH H. ESTY, Connecticut RANDY K. WEBER, Texas MARC A. VEASEY, Texas STEPHEN KNIGHT, California DONALD S. BEYER, JR., Virginia BRIAN BABIN, Texas JACKY ROSEN, Nevada BARBARA COMSTOCK, Virginia JERRY MCNERNEY, California GARY PALMER, Alabama ED PERLMUTTER, Colorado BARRY LOUDERMILK, Georgia PAUL TONKO, New York RALPH LEE ABRAHAM, Louisiana BILL FOSTER, Illinois DRAIN LaHOOD, Illinois MARK TAKANO, California DANIEL WEBSTER, Florida COLLEEN HANABUSA, Hawaii JIM BANKS, Indiana CHARLIE CRIST, Florida ANDY BIGGS, Arizona ROGER W. MARSHALL, Kansas NEAL P. DUNN, Florida CLAY HIGGINS, Louisiana ------ Subcommittee on Research and Technology HON. BARBARA COMSTOCK, Virginia, Chair FRANK D. LUCAS, Oklahoma DANIEL LIPINSKI, Illinois RANDY HULTGREN, Illinois ELIZABETH H. ESTY, Connecticut STEPHEN KNIGHT, California JACKY ROSEN, Nevada DARIN LaHOOD, Illinois SUZANNE BONAMICI, Oregon RALPH LEE ABRAHAM, Louisiana AMI BERA, California DANIEL WEBSTER, Florida DONALD S. BEYER, JR., Virginia JIM BANKS, Indiana EDDIE BERNICE JOHNSON, Texas ROGER W. MARSHALL, Kansas LAMAR S. SMITH, Texas ------ Subcommittee on Oversight HON. DRAIN LaHOOD, Illinois, Chair BILL POSEY, Florida DONALD S. BEYER, Jr., Virginia, THOMAS MASSIE, Kentucky Ranking Member GARY PALMER, Alabama JERRY MCNERNEY, California ROGER W. MARSHALL, Kansas ED PERLMUTTER, Colorado CLAY HIGGINS, Louisiana EDDIE BERNICE JOHNSON, Texas LAMAR S. SMITH, Texas C O N T E N T S May 24, 2017 Page Witness List..................................................... 2 Hearing Charter.................................................. 3 Opening Statements Statement by Representative Barbara Comstock, Chairwoman, Subcommittee on Research and Technology, Committee on Science, Space, and Technology, U.S. House of Representatives........... 4 Written Statement............................................ 6 Statement by Representative Daniel Lipinski, Ranking Member, Subcommittee on Research and Technology, Committee on Science, Space, and Technology, U.S. House of Representatives........... 8 Written Statement............................................ 10 Statement by Representative Darin LaHood, Chairman, Subcommittee on Oversight, Committee on Science, Space, and Technology, U.S. House of Representatives....................................... 13 Written Statement............................................ 15 Statement by Representative Donald S. Beyer, Jr., Ranking Member, Subcommittee on Oversight, Committee on Science, Space, and Technology, U.S. House of Representatives...................... 17 Written Statement............................................ 19 Statement by Representative Lamar S. Smith, Chairman, Committee on Science, Space, and Technology, U.S. House of Representatives................................................ 21 Written Statement............................................ 23 Witnesses: Mr. Dale Bell, Division Director, Institution and Award Support, National Science Foundation Oral Statement............................................... 26 Written Statement............................................ 28 Mr. John Neumann, Director, Natural Resources and Environment, U.S. Government Accountability Office Oral Statement............................................... 35 Written Statement............................................ 37 Mr. James Luther, Associate Vice President of Finance & Compliance Officer, Duke University; Chairman of the Board, Council on Governmental Relations Oral Statement............................................... 51 Written Statement............................................ 54 Dr. Richard Vedder, Distinguished Professor of Economics Emeritus, Ohio University, Department of Economics; Director, Center for College Affordability and Productivity Oral Statement............................................... 61 Written Statement............................................ 63 Discussion....................................................... 67 Appendix I: Answers to Post-Hearing Questions Mr. Dale Bell, Division Director, Institution and Award Support, National Science Foundation.................................... 84 Mr. James Luther, Associate Vice President of Finance & Compliance Officer, Duke University; Chairman of the Board, Council on Governmental Relations.............................. 87 Appendix II: Additional Material for the Record Letters submitted by Barbara Comstock, Chairwoman, Subcommittee on Research and Technology, Committee on Science, Space, and Technology, U.S. House of Representatives...................... 96 Statement submitted by Representative Eddie Bernice Johnson, Ranking Member, Committee on Science, Space, and Technology, U.S. House of Representatives.................................. 102 EXAMINING THE OVERHEAD COST OF RESEARCH ---------- WEDNESDAY, MAY 24, 2017 House of Representatives, Subcommittee on Research and Technology and Subcommittee on Oversight Committee on Science, Space, and Technology, Washington, D.C. The Subcommittees met, pursuant to call, at 10:05 a.m., in Room 2318 of the Rayburn House Office Building, Hon. Barbara Comstock [Chairwoman of the Subcommittee on Research and Technology] presiding. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Comstock. The Committee on Science, Space and Technology will come to order. Without objection, the Chair is authorized to declare recesses of the Committee at any time. Good morning, and welcome to today's hearing titled ``Examining the Overhead Cost of Research.'' I now recognize myself for five minutes for an opening statement. The purpose of today's hearing is to examine the overhead costs of research, including how the National Science Foundation and other federal agencies negotiate and monitor these costs, how these funds are used, and to hear recommendations for improving efficiency and transparency. Last year, this Subcommittee held a hearing on Academic Research Regulatory Relief, which looked at recommendations for streamlining federal regulations on academic research. It has been a pleasure working with Ranking Member Lipinski on this Committee to cut the red tape, and I look forward to continuing that bipartisan cooperation. Through legislation such as the American Innovation and Competitiveness Act, as well as the 21st Century Cures Act, both of which were signed into law in the past six months, we were able to listen to recommendations from universities and students to implement better practices designed to address inefficiencies and increase transparency. I was proud to sponsor the Research and Development Efficiency Act, which was included in the American Innovation and Competiveness Act. As we move forward with reforming regulations, it is important to look at whether or not there are opportunities to streamline overhead costs as well, so that more money can go directly into this important research. Last year, the National Science Foundation spent $1.3 billion on overhead or indirect costs--nearly 20 percent of the research budget. The National Institute of Health spends $6.3 billion on indirect costs--27 percent of the $24 billion extramural research budget. In a time of tough budgets, when only one out of five research grant proposals are funded, which we all know is too little, we must look at whether or not those overhead funds are being spent efficiently because we want to make sure more of those projects can be funded. There is no question that there are legitimate and necessary overhead costs for conducting the best research in the world. Since World War II, the federal government, Universities, and nonprofit research institutions have worked in partnership to conduct research in our nation's interest. This partnership has served our nation well, spurring innovation to new heights. Universities and nonprofits provide laboratory space, pay the electric bills, buy equipment, and conduct accounting for federally funded research, while the federal government shares the cost by reimbursing certain expenses. However, over time that system has become more complex and in some cases more expensive, as we will hear from our witnesses today. Adding to that complexity is that since the 1960s, every institution negotiates its own indirect cost rate directly with the federal government. Today, indirect cost rates for universities and institutions vary widely from less than one percent to over 60 percent. It raises a question of whether or not we have inadvertently created a system of have and have nots, where wealthy institutions benefit the most. Last year, Dr. Angel Cabrera, President of George Mason University--a University that serves many in my district-- testified before the Subcommittee on the struggles of leading one of the fastest growing research institutions in the country, trying to break into the top tier while keeping tuition and fees low. I have a letter I am submitting for the hearing record from George Mason's Vice President for Research, Deborah Crawford, on how GMU uses overhead costs. I appreciate George Mason's input, and their commitment to transparency and keeping education costs low. One of my priorities as Chair of the Research and Technology Subcommittee is to make sure we are always maximizing the taxpayers' important investment in basic and fundamental research. It is important we give taxpayers confidence in how that investment is spent, so that we can continue to sustain and grow research funding. Ultimately, research is about creating good jobs and a secure future, a common goal I know we all share. And with that, I look forward to hearing the testimonies of our guests. [The prepared statement of Chairwoman Comstock follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Comstock. I now recognize the Ranking Member of the Research and Technology Subcommittee, Mr. Lipinski, for his opening statement. Mr. Lipinski. Thank you, Chairwoman Comstock and Chairman LaHood, for calling this hearing. This is an important oversight topic, and I thank our panelists for being here to share their perspectives. There's always been some discussion within the research community about federal reimbursement for costs incurred by organizations that conduct research funded by the federal government, that is, work essentially done on behalf of the government. While most agree that direct costs for this research should be fully reimbursed by the federal government, opinions diverge when considering the extent of reimbursement for indirect costs, or overhead. Overhead costs incurred by universities provide the services that make cutting-edge research possible, such as electricity, chemical and radiation safety, libraries and research facilities, financial accounting, data storage and internet access, and many others. Indirect costs also include the support necessary to comply with the high administrative burden that comes with federal research funding. As the Chairwoman mentioned, I've worked with her on this Committee to reduce some of this administrative burden, and there is more bipartisan work that we should do in easing this burden. The bottom line is that indirect cost reimbursement is essential to American universities' capacity to execute their research as well as train the next generation of scientists and engineers that our country needs. NSF is not the cognizant agency for indirect cost negotiations for universities. However, universities account for approximately 90 percent of the total amount budgeted by NSF for indirect costs each year. We may address NSF's role in setting rates for nonprofits and small businesses, but the bulk of this debate centers around major research universities. There are many strictly enforced controls and regulations on reimbursement for indirect costs. One such control is that indirect cost reimbursements are based on modified total direct costs rather than total direct costs, excluding expenses such as graduate student tuition and equipment purchases, which are not expected to require extensive facilities or administrative support. As a result, indirect cost reimbursement rates as a percentage of total direct costs are much lower than the more commonly stated negotiated rates. According to Nature magazine, the average negotiated rate is 53 percent, but the average reimbursed rate is only 34 percent. I think it's important that we're all on the same page about exactly what these rates mean, and that we don't let large numbers mislead us. Some have expressed concern that administrative inefficiencies and conflicts of interest have led to rising indirect costs. The evidence does not seem to bear this out. Based on Mr. Neumann's testimony, GAO has not found that to be the case for NSF. GAO has expressed concern about possible rising rates at NIH, but NIH disputes GAO's analysis. Some of our top universities believe that the government is not paying them a fair amount for the research they conduct. It's my understanding that for every federal dollar a university is awarded for research, the university contributes 30 to 40 cents of its institutional funds to make that research possible. At the University of Illinois, in fiscal year 2016, only 76 percent of actual indirect costs incurred on NSF grants were reimbursed, meaning that the university contributed $9.1 million of its own funds to close the indirect cost gap for its NSF grants alone. Annual university subsidies amounting to hundreds of millions of dollars nationwide clearly demonstrate a willingness on behalf of research universities to contribute their own resources to the research conducted at their institutions. Sometimes, these subsidies even support the research infrastructure that NSF, as part of its mission, aims to provide. For example, the University of Illinois is home to the Extreme Science and Engineering Discovery Environment, an NSF-funded user facility that supports other universities, research facilities, and NSF-funded projects around the country and the world. As with all NSF-funded projects at the U of I, the facility's overhead costs are partially subsidized by the university, representing a contribution by the university to the national research infrastructure. Universities undoubtedly benefit from hosting prestigious research programs that enable them to recruit preeminent scientists and top students and spin off local companies and jobs. Yet it is hard for me to understand the argument by some that universities are making a profit. All of the evidence I have seen suggests otherwise. Furthermore, federally funded research is a public good. I consider it a win-win that it also benefits local economies. These are good debates to have and critical questions to address when talking about the health of the partnership between the federal government and research universities. I think we can all agree that we want this partnership to succeed at producing research that remains the envy of the world for many years to come. Thank you, again, to our witnesses for being here. I look forward to your testimony and a fruitful discussion on this important issue. I yield back the balance of my time. [The prepared statement of Mr. Lipinski follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Comstock. Thank you, Mr. Lipinski, and I now recognize the Chairman of the Oversight Subcommittee, Mr. LaHood, for an opening statement. Chairman. LaHood. Thank you, Chairwoman Comstock and Ranking Member Lipinski. Good morning and welcome to today's hearing: ``Examining the Overhead Cost of Research.'' I would like to welcome today's witnesses to our hearing and thank each of you for your attendance today. The purpose of today's hearing is to examine opportunities to stimulate innovative research at universities and nonprofit research institutions, while assessing measures to reduce overhead costs of conducting research. As part of our hearing today, we want to foster a discussion regarding whether we are directing precious taxpayer resources toward research in the most efficient and effective manner. Part of our discussion today will include learning more about how the National Science Foundation, charged with administering federal grant funds for countless research institutions, negotiates indirect costs rates, as well as the share of indirect costs in cumulative grant funding. We will hear from GAO today about a new study, finding that the growth of indirect costs at NSF has exceeded the growth of direct research costs and recommending improvements for better cost controls. As part of its study, GAO found that from 2000 to 2016, indirect costs represented 16 to 24 percent of NSF's total grant funds. In total, GAO found that for fiscal year 2016, NSF awards included about $1.3 billion for indirect costs, representing approximately 22 percent of the total $5.8 billion in grant awards for fiscal year 2016. Further, during its analysis of NSF's fiscal year 2016 grant awards, GAO found that 90 percent of NSF's awards included indirect costs. GAO also discovered that the proportion of indirect costs ranged from less than one percent of the grant award to 59 percent of the grant award, in some cases. GAO analyzed the types of awardees that budget for indirect costs, including federal, industry, small business, and universities, identifying universities as having some of the highest indirect cost rates. As part of its review, GAO identified potential areas for improved oversight of awardees' use of indirect grants, including reporting information about indirect costs when awardees request reimbursement, enhancing NSF's online approach to award payments to include collecting information on indirect costs, and consistently following NSF's own guidance for tracking and setting indirect cost rates. In light of GAO's study, we want to ensure we are doing our due diligence to further innovative research initiatives, while ensuring taxpayer dollars are expended in the most efficient way possible by directly furthering research. As many in this room know, encouraging innovative research, like that conducted at universities and nonprofit institutions across this nation, is vital to the long-term success of our economy and our nation. Close to my own district, I have seen this work firsthand at truly outstanding research institutions, like the University of Illinois-Urbana and Western Illinois University in Macomb. My district is also located close to the National Center for Supercomputing Applications located on the campus of the University of Illinois, which houses the Blue Waters supercomputer. This is one of the most powerful computers in the world, and it is capable of algorithms that can help inform a broad range of research, ranging from tax and budget-based research to cybersecurity. Western Illinois University, along with other research institutions, use the Blue Waters supercomputer to conduct innovative research that helps empower scientists and researchers across the world by informing novel research initiatives. During my time in Congress, I have made it my priority to help support these endeavors. In fact, last Congress, I sponsored the Networking and Information Technology Research and Development Modernization Act (NITRD), which was designed to help bolster policies for research related to high-end computing, cybersecurity, and high capacity systems software. This legislation aims to reduce bureaucracy and red tape that so often hampers innovative research initiatives, while ensuring that taxpayer dollars are spent effectively. It is my goal that the NITRD legislation, which was passed by the House of Representatives last Congress, as well as similar pieces of legislation, will be a core part of the 115th Congress's agenda and assist universities and research institutions in pursuing much-needed and potentially revolutionary new research. As we are conducting this groundbreaking research, we must--we cannot forget whose money we are spending. We must all strive to be good stewards of taxpayer dollars. I hope that today's hearing will help us examine some of the issues that may be hampering innovative research, such as rising overhead costs. Universities and nonprofit research institutions are at the forefront of innovative inquiries and studies that often result in lasting implications to help better our society technologically. Understanding that research is essential to furthering U.S. innovation as we in Congress must learn how we can increase effectiveness of taxpayer dollars used to fund research. I know each of the witnesses here today will help encourage a fruitful and engaging discussion and provide insight on ways we can improve the efficiency of university research by examining overhead costs. I thank each of the witnesses for their testimony today and look forward to an informative discussion. Thank you. [The prepared statement of Mr. LaHood follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Comstock. Thank you, Mr. LaHood. And I now recognize the Ranking Member of the Oversight Committee, Mr. Beyer, for his opening statement. Mr. Beyer. Thank you, Chairwoman Comstock, and thank you, Chairman LaHood, for having this hearing today. I generally agree with the questions raised by Ranking Member Lipinski about overhead costs on federally funded research but I also want to emphasize the importance of the National Science Foundation and our other science agencies in spurring innovation, economic growth, and technological advancements in multiple arenas. I'm a small business owner, and I understand that indirect costs--overhead--are still costs that have to be covered and funded. I cannot run my automobile dealerships without electricity for light, heat, the tools, without accountants to manage our budgets, without IT gurus to maintain the computers that manage every aspect of our inventory and sales processes, and without the mortgages on our buildings. These kinds of overhead costs are just as necessary to run a science lab as they are to operate an automobile dealership. Of course, we must always strive to improve the management of federal research grants, and of course, we must search for effective and efficient methods to spend and to oversee these funds. But should we drastically cut federal funds to science agencies that lead to innovative technological discoveries, as the Trump Administration has proposed? Absolutely not. These would be foolhardy decisions that would jeopardize our economic competitiveness and our ability to develop important national security technologies and make vital medical and other scientific advancements. So I'm deeply concerned about efforts by this Administration, the budget we saw yesterday, to drastically reduce scientific funding to the National Institutes of Health, the Department of Energy, the Environmental Protection Agency, the National Oceanic Atmospheric Administration, the National Science Foundation, and many others. This shortsighted abandonment of our investment in science can only harm our economy, our health, our world leadership, and our ability to innovate in the middle and long term. The National Science Foundation plays the fundamental, foundational role in funding scientific research in the United States: sine qua non. The NSF builds our scientific knowledge, improves our security, expands our economy, and helps us compete. Each year they award more than $7 billion in approximately 12,000 new grant awards to nearly 2,000 institutions. The National Science Foundation accounts for nearly one-quarter of all federal research funding for basic science conducted by America's colleges and universities. Look, I don't think any Member of Congress is opposed to exploring reasonable and responsible opportunities to ensure that our federal funds are spent as efficiently and effectively as possible. Improvements in financial management are always possible and should be pursued but let's be fully aware of the unintended consequences of our actions. Let's be certain any changes we make keep the best scientists doing the most important work for the National Science Foundation. Let's make sure we're not initiating a race to the bottom, with prizes to the lowest bidder doing the least valuable research. I look forward to hearing the testimony of our witnesses, and I trust we'll have a constructive dialogue about the important role of the federal government in funding science. Thanks, Madam Chair. I yield back. [The prepared statement of Mr. Beyer follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Comstock. Thank you, and I would point out that the Administration's budget proposal, like every other President's, is just a proposal, and Congress gets to decide on that, and this Committee has had a very strong record of supporting science and research. So I now recognize Chairman Smith for his statement. Chairman Smith. Thank you, Madam Chair. Congress allocates more than $6 billion per year of taxpayers' money to the National Science Foundation to support scientific research and education at universities and nonprofits. This investment contributes to American innovation, economic competitiveness and national security. Congress also authorizes the NSF and other federal science agencies to reimburse universities and nonprofit research institutions for the overhead expenses they incur for federally supported research projects. These are called indirect costs. Indirect costs are allowed in order to pay for such expenses as light and water bills for university laboratories, security services, and compliance with federal regulations. However, indirect costs have expanded and expanded again. One point three billion dollars of National Science Foundation's current annual research budget is now consumed by indirect cost payments to universities and research institutions. That is almost one-quarter of National Science Foundation's research budget. One point three billion dollars would pay for 2,000 more scientific research projects in critical areas like physics, biology, computer science and engineering. Science and innovation in these fields will improve our future economic and national security. Universities and non-profits should certainly be reimbursed for reasonable costs of sponsoring federal-funded research. However, as we will hear today from the GAO, ongoing indirect costs consume a larger and larger share of funds for scientific research, and many universities are pressing to raise indirect costs even higher. In fact, some indirect costs rates have now reached 50 percent of the grant and higher. There is no question that there are legitimate costs associated with carrying out the best research in the world. The question is, are taxpayers paying for these costs in an efficient and transparent manner, or are we unnecessarily subsidizing excess, bureaucracy and waste? Or is the National Science Foundation becoming just another source of revenue? I recently met with a university president who described having to spend $1 million to build a new lab in order to recruit a high-profile scientist from another institution. Why should taxpayers foot the bill for this scenario? Another ongoing investigation of a researcher, who received millions in NSF grants over the years, revealed that he used indirect funding to pay his salary as president of the nonprofit institution as well as administrative salaries for his family members. Why was this allowed to happen, and how does National Science Foundation monitor the use of indirect funds? Our challenge is to ensure America remains first in the global marketplace of ideas and products, without misusing taxpayer dollars. We must conduct research efficiently and responsibly so that taxpayers know they are getting good value for their investment in our nation's scientific research and innovation effort. Madam Chair, I look forward to hearing from our panel of witnesses today about how indirect cost rates are negotiated and monitored, how the funding is used, and how we can better control overhead costs, including possible caps or other limitations. I'll yield back. [The prepared statement of Chairman Smith follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Comstock. I now recognize briefly Mr. Perlmutter for an introduction. Mr. Perlmutter. Thanks, Madam Chairwoman, and I appreciate the moment of personal privilege. The Chairwoman was bragging a little bit about George Mason. My friends, Mr. LaHood and Lipinski, were bragging about the University of Illinois. Chairman Smith. Here it comes. Mr. Perlmutter. Well, I actually get to brag about the University of Colorado. There are five budding scientists from the university here today in physiology, molecular, cellular and developmental biology, neuroscience, public health, and environmental biology. So if the students from the University of Colorado CU Boulder, would you please stand so everybody can see you? So my university takes these subjects very seriously, and I'd just like to thank you all for being here and listening to this, what is kind of a dry subject but very important to universities and how they receive their grants. So thank you for being scientists, thank you for coming to the Congress of the United States and listening to the Science Committee. And with that, I'd yield back to the Chairwoman. Chairwoman Comstock. Thank you, and I appreciate the students. Welcome, and nice to see so many young women scientists here. So thank you. I'll now introduce our witnesses. Our first witness today is Mr. Dale Bell, Division Director for Institution and Award Support at the National Science Foundation. In this position, Mr. Bell provides oversight across NSF's financial assistance awards through NSF policy and business systems requirements as well as cost analysis and awardee monitoring. Prior to NSF, Mr. Bell worked across the federal sector as a consultant for program execution management and strategic planning. He has a bachelor's degree in political science from the Johns Hopkins University and a master's degree from Georgetown University School of Business. Our second today is Mr. John Neumann, Director of Natural Resources and Environment at the U.S. Government Accountability Office. With over 25 years of experience, he leads auditing efforts in the science and technology area including the management and oversight of federal research and development programs, protection of intellectual property, and federal efforts to support innovation. He graduated cum laude with a Bachelor of Arts degree in political science from the State University of New York at Stony Brook and holds a master's of business administration from American University. Mr. Neumann also earned a juris doctorate from Georgetown University. Our third witness today is Mr. James Luther, Associate Vice President of Finance and Compliance at Duke University. He also serves as Chairman of the Board of the Council on Governmental Relations. Mr. Luther's responsibilities include post-award areas in asset management oversight for the University and School of Medicine, negotiation of Duke's indirect cost and fringe benefit rates, and all aspects of Duke's research costing compliance program. He earned his bachelor's of science in engineering from the United States Naval Academy and a master of arts from Duke. Our fourth witness today is Dr. Richard Vedder, Distinguished Professor of Economics Emeritus at Ohio University, in Athens, Ohio. Dr. Vedder has been an economist with the Joint Economic Committee of Congress, a Fellow of the George W. Bush Institute, and an Adjunct Scholar at the American Enterprise Institute. He also directs the Center for College Affordability and Productivity. Dr. Vetter has written over 100 scholarly papers published in academic journals and books on the U.S. economy and public policy including the book Going Broke by Degree: Why College Costs Too Much. He received his Ph.D. in economics from the University of Illinois. I now recognize Mr. Bell for five minutes to present his testimony. TESTIMONY OF MR. DALE BELL, DIVISION DIRECTOR, INSTITUTION AND AWARD SUPPORT, NATIONAL SCIENCE FOUNDATION Mr. Bell. Chairman Smith, Chairman Comstock, Ranking Member Lipinski, Chairman LaHood, Ranking Member Beyer, and distinguished members of the Research and Technology and Oversight Committees. My name is Dale Bell, and I serve as the Division Director for the Division of Institution and Award Support at the National Science Foundation. I appreciate the opportunity to testify before you this morning, and I'd like to say that this is a sexy topic for me, so thank you for the opportunity. Since its establishment in 1950, the mission of NSF has been to promote the progress of science, to advance the national health, prosperity and welfare, and to secure the national defense. To do so, NSF awards grants and cooperative agreements with an eye toward advancing the scientific frontier to approximately 2,000 organizations consisting of colleges, universities, K-12 school systems, businesses, science associations, and other research organizations. The federally sponsored research enterprise is a partnership between the federal government and the institutions performing the research. Both are committed to achieving mutually beneficial outcomes and both agree to share in the cost of enterprise that enables this research. NSF reimburses awardees for direct costs such as salaries, equipment and travel that can be attributed to a specific project. NSF also funds indirect costs. Some call these overhead or facilities administration. These are costs which are not readily identifiable with a specific research project but are still necessary for the general operation to carry out the research. Examples of indirect costs may include laboratory occupancy costs, hazardous chemical and biological agent management, libraries, IT systems, data transmission and storage, radiation safety, insurance, administrative services, and compliance with government regulations including institutional review boards for human subject research. Note that only resources used for research are counted, and the federal government partially reimburses awardees for these expenses through the use of an indirect cost rate. The amount of indirect costs budgeted to NSF awards has remained stable. Recent NSF analysis of data developed in the course of the GAO audit shows that annual funding for indirect costs across NSF's entire portfolio of awards averaged about 20 percent of the total amount awarded over the last 17 years. NSF does not negotiate indirect cost rates for colleges and universities, which make up about 91 percent of NSF's awardees. Per the Office of Management and Budget's Uniform Guidance, indirect cost rate negotiation cognizance for all colleges and universities is assigned to the Department of Health and Human Services or the Department of Defense's Office of Naval Research. NSF is the cognizant agency for negotiating indirect cost rates for about 100 of its over 2,000 awardee organizations, or about five percent. To put this in perspective, of the approximately 45,000 awards in NSF's active portfolio, over 98 percent were made to organizations that negotiate indirect cost rate agreements with other federal agencies. Organizations for which NSF is the cognizant agency largely consistent of nonprofits such as independent research institutions, laboratories, museums, professional scientific societies, and foundations. Accountability over indirect cost starts with the rate negotiation process. OMB Uniform Guidance sets requirements to be applied by all federal agencies. All entities for which has NSF has rate cognizance as required to regularly submit indirect cost rate proposals for review. Calculating an indirect cost rate is an involved process. The negotiation process begins with submission of indirect cost rate proposals and supporting documentation. A rate negotiator, an expert in cost analysis, reconciles the proposal with the organization's audited financial statements and other financial information and ensures that costs have been allocated in accordance with the Uniform Guidance. NSF exercises various forms of oversight over the application of the indirect cost rate. This includes single audits, incurred cost audits and other post-award monitoring efforts. In addition, NSF monitors the use of indirect costs through transaction testing as required under its implementation of the Improper Payments Act. Excellence in stewardship is an NSF strategic goal. The agency welcomes the oversight provided by this Committee and the GAO. NSF has already strengthened its internal procedures related to the indirect cost rate negotiation process as a result of the GAO engagement, and we remain a fully engaged partner in ensuring accountability for taxpayer investments in the federal research enterprise. This concludes my oral testimony. More detail on the points I briefly highlighted today can be found in my written statement. I would be pleased to answer any questions you may have. Thank you. [The prepared statement of Mr. Bell follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Comstock. Thank you. And we now recognize Mr. Neumann. TESTIMONY OF MR. JOHN NEUMANN, DIRECTOR, NATURAL RESOURCES AND ENVIRONMENT, U.S. GOVERNMENT ACCOUNTABILITY OFFICE Mr. Neumann. Thank you. Chairwoman Comstock, Chairman LaHood, Chairman Smith, Ranking Members Lipinski and Beyer, and members of the Subcommittee, thank you for the opportunity to be here today to discuss our ongoing work on the National Science Foundation's oversight of indirect costs on awards for scientific research and education. NSF funds billions of dollars in awards each year to universities, elementary school systems, science associations, and other research organizations. For most awards, NSF reimburses awardees for both direct and indirect costs incurred. Direct costs such as salaries and equipment are those that can be attributed to a specific research project. Indirect costs are those that cover the genera operation of an awardee's organization such as the cost of operating and maintaining facilities or the salaries and expenses for general administration. Today I'd like to provide some preliminary observations from our ongoing work that is focused on two areas: first, what is known about indirect costs of NSF awards over time, and secondly, the extent to which NSF has implemented guidance for setting indirect cost rates for the organizations it's responsible for. Our first preliminary observation is that indirect costs on an NSF award range from 16 to 24 percent of the total amounts the agency awarded each year from 2000 to 2016. NSF has provided some explanation for the variation in indirect costs from year to year, and we are continuing to evaluate those factors. Another observation related to this variation is that the average indirect costs also varied across types of awardees which included universities, small businesses, industry and others. Specifically, we observed that in fiscal year 2016, university awardees had the highest average indirect costs, about 27 percent, while industry had lower average indirect costs of 14 percent, and we're continuing to evaluate the reasons for that as well. I should also note that our preliminary analysis of indirect costs is based on NSF budget data because NSF doesn't require awardees to report information about actual indirect costs separately from direct costs when requesting reimbursement for work done on a specific award. In our review of NSF's guidance for setting indirect cost rates for the organizations it's responsible for, we also had several observation including that NSF staff did not consistently implement the guidance and the guidance itself did not include certain details. For example, in 2008, NSF created a database for tracking its active indirect cost rate proposals in response to recommendations made by the NSF Inspector General in a prior audit. However, NSF staff haven't consistently updated the data in its tracking system to reflect the current status of its indirect cost rate proposals. Also, we observed that NSF guidance does not describe specific steps for supervisor review of the indirect cost rate proposals to ensure that only allowable and reasonable indirect costs have been proposed for NSF awards. Lastly, we observed that NSF's guidance has not been updated to reflect changes from OMB's Uniform Guidance for Federal Awards, which became effective at the end of 2014. In closing, I would note that we're continuing our ongoing work to examine NSF's data on indirect costs over time and its implementation of its guidance for setting indirect cost rates. As you know, NSF awards billions of dollars to organizations each year and it's essential that NSF ensures efficient and effective use of the federal science funding through its oversight of indirect costs. This concludes my prepared remarks. I'm happy to respond to any questions you may have. [The prepared statement of Mr. Neumann follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Comstock. Thank you. And I now recognize Mr. Luther for five minutes. TESTIMONY OF MR. JAMES LUTHER, ASSOCIATE VICE PRESIDENT OF FINANCE & COMPLIANCE OFFICER, DUKE UNIVERSITY; CHAIRMAN OF THE BOARD, COUNCIL ON GOVERNMENTAL RELATIONS Mr. Luther. Good morning, Subcommittee Chairwoman Comstock, Ranking Member Lipinski, Subcommittee Chairman LaHood, Ranking Member Beyer, and members of the Research and Technology and Oversight Committees. My name is Jim Luther. The perspective I represent today is both as a compliance officer and finance individual at Duke University as well as the Board Chair for the Council of Government Relations, which is a group of about 190 of the nation's major research universities, medical centers and research institutes. I'll start by expressing my appreciation for this opportunity to discuss the federal university research partnership and how universities are reimbursed for the cost of conducting federally funded research. Academic institutions have been working in partnership with the federal government for decades to advance national security, health and prosperity. This partnership allows for significant cost efficiency in the use of federal funds where the government is unbound from maintaining its own facilities and personnel, and it has yielded tremendous results. United States leads the world in scientific innovation, which has led to significant economic benefits, job growth, and advances in healthcare and defense that benefit all Americans. The federal government contributes over 50 percent of funding for academic research. These funds include direct costs of personnel, supplies and equipment as well as facilities and administrative costs that represent critical infrastructure that supports the research. F&A costs cannot be viewed separately from direct costs. Together they represent the total cost of performing research. If direct costs are thought of as the gas for the research engine, F&A reimbursements represent the oil. The research engine requires both. My remaining comments are summarized in four points. Number one, there is a longstanding, time-tested commitment to the partnership. Number two, the effectiveness of the partnership is demonstrated by the cures that have impacted human health, improvements in defense, infrastructure, engineering, biology, social science, and other areas. Number three, the current system recognizes cost and infrastructure differences. Some research is more expensive than others because of geography but, more important, the type of research. And finally and most importantly, the current system recognizes that F&A is a real cost of doing research. Research institutions provide the physical infrastructure where research is conducted. This includes construction and maintenance of specialized facilities and labs, which support diverse research such as the study of serious and potentially lethal agents, advanced robotics, and critical vaccines. F&A costs also provide key operations infrastructure such as utilities, high-speed data processing, human and animal research review boards, radiation and chemical safety, and other compliance activities required when accepting federal funds. It is as basic as turning on the lights and as complex as supporting the disposal of biohazardous materials like anthrax. F&A costs are tightly regulated and audited by the government to ensure that the government only funds that portion of F&A costs that are attributable to the federally funded research. F&A costs on federal awards have remained relatively constant for the past two decades. At NIH, approximately 28 percent of all expenditures are attributable to F&A. Universities are committed partners in our nation's research enterprise, committing more than 24 percent of their own funds towards higher education research and development-- $17.7 billion in fiscal year 2015. It is important to note that federal funding does not fully cover F&A costs apportioned to federal studies. That is due in part to a cap on administrative costs put in place for research universities in 1991 but also due to the significant increase in federal requirements that necessitate additional infrastructure and staff. A recent National Academies report noted that the federal government promulgated on average 5.8 new or changed regulations and policies per year over the past decade, a 400 percent increase over the 1990s. As nearly all universities are over the administrative cap of 26 percent, all new costs associated with complying with these regulations are borne by the university. That represents about $4.8 billion related to unreimbursed F&A costs. With respect to research space, Duke's experience is that a moderate-sized research building increases our institutional cost by approximately $10 million per year, even after the recovery of F&A. This is due to faculty start-up costs, ongoing faculty and research support, subsidized animal operations, and components of the building which are not designated as research. In closing, I would emphasize three points. The longstanding commitment to the partnership works, and it's been time-tested for many decades but is being jeopardized by declines in state funding, increasing regulations, and reduced F&A reimbursements. Number two, the current system recognizes costs and infrastructure differences that some research is more expensive, and for good reason. Different geographic regions and types of research can cause significant differences in costs. The costs related to support policy research is vastly different than F&A costs related to biocontainment, translational cell therapy, and so forth. And finally and most importantly, it recognizes that F&A cost is a real cost and doing research without it, plain and simple, we could not turn on the lights. I would suggest that the effectiveness of this hearing would be reduced if we were sitting on the Capitol steps and didn't have lights, didn't have air conditioning, chairs, legislative aides, and AV equipment. That is analogous to the F&A support needed for university research. Any reduction in federal funding including funding for research infrastructure will result in less research, slower scientific progress, fewer medical treatments, fewer jobs, and likely fewer universities conducting research, and undergraduates and graduate students educated in the research setting. Thank you. [The prepared statement of Mr. Luther follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Comstock. Thank you. I recognize Dr. Vedder for five minutes. TESTIMONY OF DR. RICHARD VEDDER, DISTINGUISHED PROFESSOR OF ECONOMICS EMERITUS, OHIO UNIVERSITY, DEPARTMENT OF ECONOMICS; DIRECTOR, CENTER FOR COLLEGE AFFORDABILITY AND PRODUCTIVITY Dr. Vedder. Chairs Comstock and LaHood, Dr. Lipinski, Mr. Beyer, Members of the Committee, the policy of the federal government regarding overhead or indirect cost reimbursement to universities holding research grants is seriously flawed. Two highly regarded economists from Stanford and Northwestern Universities concluded talking about overhead costs, and I quote them, ``The existing system for reimbursing those costs creates unnecessary distortions in the operations of universities and has very high transactions cost. Instead, both universities and the federal government would be better off if the existing indirect cost reimbursement system were replaced by a system of fixed reimbursement rates that were not related to a university's actual indirect costs.'' Suppose the NIH or NSF makes a million-dollar grant to a Harvard researcher. The immediate increase in indirect costs to Harvard for buildings, administration, electricity and the like as a consequence of that grant is probably at most a few thousand dollars. But however, Harvard will get several hundred thousand dollars in overhead funds, therefore, making a large short-term financial gain. At many schools including my own, researchers getting federal grants receive a kickback of some of the overhead money as an incentive to seek more grants. Schools would do not that unless they considered federal research grants to be at least somewhat financially lucrative. Now, to be sure, in the long run there are real legitimate long-term indirect costs yet I think the current system incentivizes universities to pad their bureaucracies and have excessively fancy buildings. As one academic put it, ``The more you spend, the more you get.'' Where's the incentive to have linoleum floors instead of marble? A fairly considerable amount of resources is also devoted to justifying and verifying overhead costs. Non-governmental organizations making grants to universities typically allow far lower amounts of indirect costs. What are the policies regarding state government financial research? Again, today's GAO testimony suggests that the overhead provision is smaller. I calculate from figure 2 of the GAO report today that the average NSA university overhead provision in 2016 was about 37 percent of the amount granted for direct research costs, 27 percent of the total, 37 percent for research. There are two good approaches to replacing the current system. The first would be to adopt a uniform national reimbursement rate. This was unsuccessfully proposed in the Obama Administration. This approach could save resources by ending negotiations and verifications and audits surrounding unique individual rates on various campuses. If a university-- if a uniform federal rate of, say, 20 percent were adopted, you would be able to maintain the amount of money going directly for research within a ten percent NSF funding reduction if that were to happen. I'm not advocating that, by the way, but I said you would be able to do so. Although over time--and I would predict universities would still vigorously apply for grants although over time they would reduce their bureaucracies, hold fewer grant-writing workshops and like--more bang for the buck. Under a second approach, the decision as to who would receive research grants would be partly determined by project price--a novel notion. Suppose NSF or NIH grants are made on a point system, 100 points being the maximum? Have 75 points be determined as now by the scientific merit of the proposal. Have the remaining 25 points be determined by the amount of overhead universities request. With the more points gained, the lower the overhead request. A school asking for 50 percent overhead for a grant might only get one point on the indirect cost portion of the grant application while one asking for only 20 percent might get 22 points. Greedy universities--a concept some don't believe exist but I've been at them for 52 years, and I know. Greedy universities with extraordinary indirect cost requests would likely get fewer grants while frugal universities willing to accept modest overhead provision would gain some advantage. It is possible to get more actual research activity per dollar of total funding by paring our support for indirect cost provisions in funded grants. Thank you, Madam Chairman. [The prepared statement of Mr. Vedder follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Comstock. And I now recognize myself for five minutes for questions. Given the wide range that we have there, could you explain to us, like for example, Harvard University has--what, they're up in the 60s or so for their rate of--is that correct? And so--and Harvard University probably has one of the largest endorsements in the country. Would that be correct? You all agree? Okay. So what I'm looking at some place like George Mason--and I understand a lot of the universities don't want to have caps here. What I'm trying to look at is how when we have a university with a huge endorsement, probably one of the largest in the country, has one of the highest rates, how can we, you know, provide for fairness, particularly for the new and up- and-coming universities? Do we want to have more diversity in terms of ability to get the research out there? I think, Dr. Vedder, you provided some different ideas on that. And then also, and this is sort of for all of you to address maybe in a general idea, but when you look at--I'm thinking at George Mason, I know the Gates Foundation is funding some of the research that we have going on, I believe in Lyme disease. The state also funds it. I'm not sure what their rate is that they allow, and then we have some federal government money going in there. How does that work when the Gates Foundation does cap their administrative costs at ten percent. How does this all work out when you have those different rates, and how can we as the federal government maybe get a better bang for the buck and getting the money going directly to research among the different situations and different universities? Mr. Luther. Could I respond to that question? Chairwoman Comstock. Yes, Mr. Luther. Mr. Luther. Thank you. So I think there were three questions, one about the endowment, one about why do rates vary, and one about foundations. So the endowment piece, I'm not an expert on endowment, but there's certain restrictions about how you can use the funds for endowment. But if I could address the other two because I think they're kind of at the heart of the issue as we look at this, and I would suggest that rates vary significantly as we all have discussed for two primary reasons. One, because of geography, what region they're in. If you have the exact same research building in San Francisco or New York City or in the middle of America, that exact same research, the cost of that, the cost of construction, utilities and everything else are going to be vastly different. But the second point I think is more important there, and that is, it's all about the type of research. Within Duke, if we looked at individual grants, we have research being done on public policy, and the F&A related to that individual grant is a computer, the lights and so forth. If we look at a school of medicine, they have biocontainment facilities, they have specialized HVAC, they have warm rooms and cool rooms, they have purified water, they have the ability to filter the water for the experiments in a certain way. They have IT infrastructure. I mean, it truly is all about the research, the type of research being done, and I would suggest--again, within Duke, we might see one grant where the effective rate is low, we might see another grant where it's really 100 percent or more. That averages out across the institution in this process. And then with regard to foundations, I think there's a couple of things to look at. We have a fair amount of foundation money. A fair amount of that is from the Gates Foundation. But the way we cost is vastly different from a foundation to the federal government. First of all, foundations--and it's on the Gates Foundation website, for example--they will routinely pay certain things that the federal government will not pay. They pay it directly--project management costs, facilities costs, lots of different things that the federal government would not pay. The second thing is that foundations generally apply their F&A rate to total direct costs. There was some discussion before about modified total direct costs. The federal government does not pay overhead to Duke University on capital equipment, patient care, sub awards, lots of different categories. Oftentimes a foundation does. And then continuing, many of the foundation funding relates to off-campus work so comparing the Gates Foundation to Harvard at 60, it's more appropriate to compare to the off-campus rate, which is normally around 25, 26, 27 percent. And then lastly, I would say, you know, foundations, at least our experience at Duke, are oftentimes incremental funding. We have again a fair amount of Gates Foundation funding that is providing funding related to development of an AIDS vaccine. NIAID is providing the bulk of that funding. The Gates Foundation is providing critical funding to support that. Chairwoman Comstock. Dr. Vedder, did you want to---- Dr. Vedder. As Mr. Luther mentioned, there were several components to your question. One point you made with regards to endorsements, and it is--I think you're raising a fairly legitimate question, and also about the overall issue of sort of inequality in the funding. I did do a little statistical regression equation looking at the published NSF overhead rates as of two or three years ago for about 100 different schools, and I compared that with other indicators of the eliteness of the school including their endorsement money per student, and it was interesting. The richer schools were getting the higher percentage rates. Now, it is true, as Mr. Luther says, that there are special circumstances in some situations that might lead to some legitimacy in the differences of cost, but my university, a little school in Appalachia with a modest endowment, has an overhead rate of about 50 percent. In 2013, Harvard had 69 percent. And it is literally true if you walk into a building in Cambridge, Massachusetts, the floors are marble. I mean, they're nicer buildings. I mean, what the hell? I've been teaching at universities 52 years, and I've taught at all the universities mentioned here. I have two degrees from Illinois. I have one degree--I get a lot of money from George Mason, from the University of Colorado. I've been at all these schools, and believe it or not, there are differences in the appearances. So I think it would be wise to ask the GAO to extend their studies further. What does Britain do? Take another country. What does Canada do? Why are the--why would McGill University or the University of Toronto be much different than American University? What to the Canadians do? I don't know. It'd be interesting to know. To me, a large part of the costs are this back-and-forth negotiations. Why not just set a flat rate and say be done with it? Chairwoman Comstock. And save the money on the audits. Dr. Vedder. Yeah, yeah, yeah. And by the way, I don't know want my remarks to be construed as saying I am against scientific funding. It's a question of how do we divide the pie between the researchers and between the administrative costs. Chairwoman Comstock. Thank you, and I've gone over my time, so I now recognize Mr. Lipinski for five minutes. Mr. Lipinski. Thank you. In my previous life, I was an assistant professor and I did get my Ph.D. from Duke. I have been to Ohio University though I have visited there. But my background, and what I hear from my colleagues, what I hear in this Committee has--the reason why I was so active in working to reduce the regulatory burden and worked to get the Interagency Working Group on research and regulation established in the American Innovation and Competitiveness Act last year. I want to ask Mr. Bell, what are some of the--what role do you see this interagency working group having in helping to reduce the regulatory burden? Mr. Bell. What I'd like to do is talk a little bit about the Uniform Guidance, which is a policy document that oversees the indirect cost rate negotiation, and that was born of interagency working groups looking at administrative burden and trying to strike that fine balance between oversight and stewardship with, as we've talked about, freeing up funding to focus more on direct costs. So I believe that there is great opportunity. Administrative burden and interagency collaboration, I think, really need to be viewed within the context of where did the burden come from, where did the cost of compliance come from. So you could come up with a lot of great ideas, which is what I believe that the current reform efforts are associated around. The question is how do you then undo those from a government-wide level. So I believe that they will be great sources of information for administrative burden. And then the real effort will be, how do you then unpack that? Is it coming from legislation, is it coming from individual regulation? The Uniform Guidance I believe did an admirable effort in trying to strike that balance between stewardship and between owning the partnership in the sense that our awardees are responsible to make sure that they're doing the best that they can with the funds that they receive. Mr. Lipinski. Thank you. I want to move on to ask Mr. Luther, Dr. Vedder claims that universities make a profit on indirect cost reimbursements from the federal government. It's my understanding that due to eroding support from state appropriations, public universities are contributing an increasing amount of their own institutional funds to cover the costs of conducting research. What is your response to the assertion that universities are making a profit on indirect cost reimbursements? Mr. Luther. That's a great question. At Duke, we contribute about $30 to $35 million of administrative costs. We're about six points over the cap. Now, one might argue that that's administrative bloat. I can assure you that's absolutely not. That is directly related to two things: adding administrative infrastructure to support the faculty. Right now there's multiple studies that suggest that faculty spend about 42 percent of their funded time doing administrative and compliance activities. Our job as administrators is to do the types of things that let them do the research and we do the administration. The other thing we've been doing as we've discussed in September, eight months ago, from the perspective of new compliance requirements, new compliance requirements are coming out at the rate of about six or so a year, new regulations. When that happens, we spend money on technology, on business processes and people to manage it. But there is absolutely no incentive for us to hire additional administrators because we pay for every penny of it. From the building perspective, we lose money. We don't get anywhere close to recovering the cost of a building regardless of the type of research, and in support of this testimony today, when we submitted our indirect cost proposal to Health and Human Services for negotiation, I looked in a handful of buildings, and the example I'm about to explain is representative. A 10-year-old building, the costs for depreciation and O&M operations and maintenance--is in the range of $9 million. We recover somewhere in the neighborhood of $2-1/2 million. We subsidize the research mission in that building $7 million. So I do agree that some of our buildings have marble floors, but that's not what drives up the cost. What drives up the cost is that to support that research, you have to purchase a $2 million DNA sequencer in the lab to support that. A piece of that is in the indirect cost rate. You have to put in special HVAC and all the other things that we've talked about to manage that research. It is not--I would suggest it's not the marble when you walk in the lobby. It is everything else that goes to conducting that top-notch research. Mr. Lipinski. Well, I have to say I didn't--none of political science buildings had marble floors, so that's all I know. My time is up. I yield back. Chairwoman Comstock. I now recognize Mr. LaHood. Chairman LaHood. Thank you, Chairwoman Comstock. Mr. Bell, I was going to ask you a question here. I referenced earlier in my statement about National Science Foundation Office of Inspector General had released several, I guess, routine audits regarding several universities and research institutions and their use of indirect costs to cover travel expenses. As a result of one of those audit reports, the OIG is pursuing an ongoing investigation into the misuse of federal grant dollars for travel unrelated to the purpose of the grant, which was awarded to cover the development of a research institute. The OIG has questioned over $36,000 in travel expenses including over $12,000 covered by indirect costs. Mr. Bell, because this case was egregious enough to warrant an ongoing investigation by the OIG, what measures does NSF take to track indirect costs and ensure that federal funds go toward direct research expenses and not other things? Mr. Bell. Thank you for the question. So in terms of tracking costs both direct and indirect, there are a number of activities that NSF uses. One of them is one that you have pointed out, which is the oversight and analysis done by our Office of Inspector General. That is one way in which we ensure that the policies and procedures are in place--OIG audits. Another mechanism that we use is something called single audit. Any organization that expends over $750,000 of federal funds is required to conduct an audit, and that audit looks at internal controls, looks at financial statements, and that information is then summarized in the audit and then uploaded to a federal audit clearinghouse, and the idea here is that we don't want just any one agency getting access to this information. Cognizant agencies for audits are responsible for taking those single audits and reviewing them and resolving those audits to ensure these organizations are meeting the expectations outlined in the Uniform Guidance. The third thing that we do is, we have advanced monitoring programs, both where we do some transaction testing on site to ensure that internal controls are in place, and we do transaction testing at a baseline level where we randomly check various transactions, track them back to how those costs were reimbursed, how they were spent, both from a direct and an indirect basis. Chairman. LaHood. And I guess following up on that, Mr. Bell, have you found that those mechanisms that are currently in place have had a deterrent effect on any other type of egregious allegations and that it has worked well or is in need of review? Mr. Bell. So to begin with, we are in full compliance with the Uniform Guidance on oversight monitoring and indirect cost rate management, so that's our starting point. In terms of how we're doing, we believe that our advanced monitoring program and the other points with which we interact with awardees in fact does protect and serve the taxpayer. An example is we'll often during our advanced monitoring uncover things that don't seem right to us that could border on fraud. We forward those to the Office of Inspector General for investigation. We also work very closely with our Office of Inspector General during audit resolution. Resolution is the point at which the management takes that information and figures how best to move forward including things like the returning of funds or corrective action to support internal controls. Chairman. LaHood. And you're confident with the system that's in place now? Mr. Bell. I am. I am, and there is always room to get better. With over 2,000 awardees and 45,000 active awards, there's always an opportunity for us to improve, which is why we appreciate the oversight from this organization and from my colleague to the left at GAO. Chairman. LaHood. Thank you. Those are all my questions. Chairwoman Comstock. I now recognize Mr. Beyer. Mr. Beyer. Thank you, Chairman Comstock. Mr. Bell, in Dr. Vedder's presentation, he made an argument for uniform national reimbursement rate, and among other things, he said that the current system of negotiated rates favors the wealthier schools over other institutions, you know, HBCU schools or smaller state schools and the like. How do you respond to that, and why is that insight not correct? Mr. Bell. So my first response is that we are the cognizant agency for about five percent of the organizations that receive NSF funding, and 91 percent of those organizations are colleges and universities, for which the cognizant agency for them is HHS and ONR. Mr. Beyer. Let me jump beyond that. I realize that you aren't determining the rates because you're not the cognizant agency but you still have to administer those 22,000 grants, the $7 billion. So whoever makes the rate, they're negotiated now across all 100 percent. Mr. Bell. That's correct. Mr. Beyer. Does the negotiated rate actually help the Harvards and the Princetons and disadvantage the Virginia States and the Norfolk States? Mr. Bell. I wouldn't be able to give you specific information but perhaps I'll give you a general statement. A cap means that some organizations would have to--would under- recover indirect costs, and as we've described, indirect costs are real costs in support of executing research. So a cap could mean that organizations would not be able to recover. Some organizations are in a better position to absorb under- recovery. Those would be organizations who have access to other types of funds, which could include endowments, could include raising tuition, or other sources of funding. So organizations that are unable to absorb that under-recovery would not be able from an economic standpoint to actually participate in the research enterprise. Mr. Beyer. Okay. Thank you. Mr. Neumann, again, referring to Dr. Vedder's comments, number one, he pointed out that the research grants are so good for colleges and universities that they actually give kickbacks to the professors who get them and that they're incentivized to get more. He also suggested later that in arguing for uniform national reimbursement rate that if 30 percent were adopted, universities would complain bitterly but still apply for grants as vigorously as ever. From a Duke perspective, is that how you guys feel about the grants, kickbacks, and would you compete as vigorously as ever with a 30 percent cap? Mr. Luther. So two questions. With regard to the kickback, we do return some of the recovery back to the department and to the school but we do that because that's where the cost is, so 20 years ago we didn't do that. We kept much of the indirect centrally and we paid rent centrally, we paid facilities centrally, and there was no incentive for the schools to manage their space effectively. When the revenue follows the cost, the incentive is completely different. So if they have vacant space, that space that they don't pay for, they don't get any indirects related to that, and it's managed centrally so that it can be used more effectively. So the kickbacks, I would say the first point on that is, the indirect costs are reimbursement for costs that we already incurred. The fact that the revenue comes in and we do something else with it I would suggest is completely irrelevant. But secondly, as I just stated, the reason we return that back to the faculty member, back to the department is to incent responsible behavior and because, as I mentioned, Duke contributes somewhere in the neighborhood of $125 million a year to the research mission sending that back to the department so that they can buy computers, which are difficult to purchase on grants, so that they can fund post-docs and graduate students, which aren't always funded on grants. That's why we do that type of thing. And I'm sorry, I forgot the second question. Mr. Beyer. If there were a 30 percent cap, would you pursue the grants as vigorously as before? Mr. Luther. What troubles me about that is, I don't know what the long-term impact on that is, but you wouldn't have the breadth of the research institutions you do now. We fund that $125 million a year of the research mission that the federal government doesn't fund with philanthropy and with clinical margins and other things. I don't know how other institutions would do that with pressures on tuition, with smaller endowments and so forth. Right now the way the research works now is the research is solely focused on the institution that submits the best proposal from a scientific standpoint, from a peer-review standpoint gets the award, and sometimes we absorb more indirect costs than others but that's how the system works. It's not about funding. It's not about the indirect costs. Mr. Beyer. Thank you. Mr. Chair, I yield back. Chairman. LaHood. [Presiding] Thank you. I now yield five minutes to Mr. Palmer. Mr. Palmer. Thank you, Mr. Chairman. Mr. Neumann, why do university awardees receive the highest averaged budgeted indirect costs? I think it's 27 percent in 2016 compared to other awardees? Mr. Neumann. Well, we're still evaluating the reasons for that but NSF has told us, you know, some of the things that they believe goes into that, and a lot of it is just the nature of the research being done, the facilities that are needed for that research, and I think the important thing is, we're looking at the data at a high level, and to really understand what that data means, you need to go down to almost an award- by-award level so you're comparing apples to apples, you know, university to university to see what you're paying for the same type of research, and so I think that's the level of analysis you would need to understand some of the reasons for the universities being higher. Mr. Palmer. We're talking about an average so that means it's pretty uniform, routine that it is higher. I think it raises some concerns about the budgeted indirect costs. Let me ask you this. For an organization to be reimbursed for indirect costs, it must have a negotiated indirect cost rate agreement with the federal agency. How can this process be improved at NSF? Mr. Neumann. Sure. I think what we're seeing is that there should--we'd like to see consistency in applying the guidance for the rate-setting process, make sure that there is supervisory review, and that the guidance is clear. I think that's going to be really important to ensuring that you have, you know, effective processes for managing indirect cost rates, having, you know, the data being helpful in identifying where the indirect costs might be growing if they are having that guidance and ensuring that staff are implementing it correctly. Mr. Palmer. Your agency, the GAO, released two reports on NIH and indirect costs. Were you findings for NSF similar to those previous findings or were there any significant differences? Mr. Neumann. On the rate-setting process, we had similar findings in the NIH report where we saw some--there could be some improvements in the internal control for the rate-setting process including supervisory review and having clear guidance, particularly for changes that came out of the Uniform Guidance in 2014. Mr. Palmer. Well, GAO cited some deficiencies in oversight of grants, indirect cost claims by agency watchdogs. Are we seeing adequate amount of scrutiny on these grants, on the indirect cost claims? Mr. Neumann. Well, the NSF IG has continued to monitor that and has done a number of audits over the years and continues to do that, and we understand NSF has some things in place that they do to monitor the expenditures, but we did note in our statement that NSF doesn't have complete data on expenditures of indirect costs. It's more done at the planned award budget level. So NIH, for example, does have that data on indirect cost expenditures that may be useful if you were trying to monitor any improper use of indirect costs. Mr. Palmer. Well, Mr. Dodero and I have had several conversations about the problem of improper payments and how do we stop that. Let me ask you this. What are the penalties for organizations that have found to have charged inappropriate indirect costs? Are they penalties sufficient to ward off bad actors? And by the way, just for the rest of the Committee's information, the improper payments last year were $133.7 billion. That's money we had to borrow since we're in a deficit, so I'd like to know if there's anything that we can do at any level of the federal government, and particularly right here, since that's the topic of this hearing, to ward that off? Mr. Neumann. I think there's some similar themes in terms of this case as well, and that would be just having the data, analyzing that data to know where there might be anomalies and then being consistent in implementing the guidance for the indirect cost rate process and having the ability to review that information when expenditures come in. Mr. Palmer. I appreciate your answers. I thank the witnesses for being here today. Mr. Chairman, I yield back. Chairman. LaHood. Thank you. I yield five minutes to Mr. McNerney. Mr. McNerney. Well, I thank the Chairman and I thank the Committee for having this hearing. My daughter's a research scientist, and this is an area that's very dear to her. Mr. Neumann, Chairman Smith in his opening statement claimed that indirect costs are increasing over time. Do you agree with that assessment? Mr. Neumann. We noted variation in the indirect costs over the 17-year period we looked at from 16 to 24 percent, and there was increase from 2010 to 2016 if you look at just those years. What we haven't looked at yet is what is the reason for that, what's behind that data. Are we looking at increases in the amounts of cost for the same types of awards or is it just the mix of research that goes into each year that's different from year to year and so there would be different types of indirect costs included in there. Mr. McNerney. Thank you. Mr. Luther, you indicated that federal funding does not cover the indirect costs at the universities. What is your understanding of why universities are unable to recover their costs? Mr. Luther. Could I address the previous question just for one moment? Mr. McNerney. Sure. Absolutely. Mr. Luther. What we've seen and I think it's actually federal data is that at least as far as NIH, one funder, that the rate of 27, 28 percent has been consistent for decades. So the funding has gone up, F&A has gone up, regulations have gone up, but as a percentage of the direct funding, it's been relatively stable. Mr. McNerney. Okay. Thank you. Mr. Luther. With regard to why we can't recover, I think there's a number of things. One is the administrative cap that was put into place in 1991 caps all administrative costs at 26 percent. That number has not been indexed up. It's been 26 percent for 27 years. And as I've mentioned, the regulatory requirements have changed significantly, and so the compliance requirements have changed significantly. And again, we absorb every incremental dollar of administrative or compliance activities from the A part of the F&A. With regard to the facilities, again, I would suggest that the cost of research is increasing significantly based on the type of research we're doing. So again, as the federal budget tightens sometimes, Duke University, many universities, public, private, big and small make decisions to purchase equipment to do things different--to build buildings, to renovate existing space to meet the new type of research that's coming down the pike. It's expensive, and we don't recover all those costs. That's known going in, but from the standpoint of what does it mean to have a state-of-the-art building that supports, whether it's a Nobel prize winner or a researcher, there's undergraduate students, graduate students that interact through those labs, the ecosystem, the value of that across the entire ecosystem is significant, and so we know going into those decisions that we build buildings for that broader base. Mr. McNerney. Well, Mr. Vedder described a vicious cycle in which indirect costs go to justifying indirect costs. Could you respond to that? Mr. Luther. Well, so I would suggest the competitive cycle's really critical. The hit rate on grants has dropped significantly so there are a lot of proposals that are being submitted. But as far as institutions that there's incentive to spend administrative dollars or F dollars, the facility costs, we pay every incremental dollar for administration, and again, for every research dollar that comes in the door, we pay 30 to 40 cents on the dollar. So we're not making money on the research endeavor whatsoever. Mr. McNerney. The National Laboratories don't seem to be represented here this morning. Can anyone speak to the--or can anyone quantify any difference in overhead at the national labs as opposed to the universities? I guess that you would be you, Mr. Neumann. You're shuffling through papers. Mr. Neumann. So we did have a category in figure 2 of our statement for federal and that included the National Laboratories. It was eight percent. But again, we're still evaluating, you know, what the differences mean. This is just high-level data that lays out what the actual percentages were for the one fiscal year, so we'd want to do a little more evaluation to understand what's behind that number. Mr. McNerney. So you wouldn't have an explanation for that difference? Mr. Neumann. No, but we can get back to you with a response for the record. Mr. McNerney. I would appreciate that. Mr. Luther, what--well, I'm out of time so I'll just yield back. Chairwoman Comstock. I now recognize Mr. Hultgren for five minutes. Mr. Hultgren. Thank you, Chairwoman Comstock. Thank you all for being here. This is an important conversation for us to continue to have and I'm really grateful. It's so important for us as we go back talking with our constituents to make sure that we are getting the best bang for taxpayer dollars in research and committed to making sure that the resources continue to be there. I've been a staunch advocate in our role as federal government in basic scientific research funding and the research that really can't be done by the private sector, the stuff that we have to be doing, and recognizing often unintended results decades after initial results that again the private sector just can't put a plan together to do that, but that's the kind of work we see every day in our great research and in our labs. I'm also looking for ways in which we can do this in the most efficient manner as I know all of us are. The compliance costs and regulatory burdens for universities I believe is too high, and with the passage of the American Innovation and Competitiveness Act, I hope these processes we'll put in place will be able to tackle that problem. At the end of the day, I'd rather have more taxpayer money going to research than new lawyers or compliance officers. Many of us would share that. This hearing has been focused on facilities and administrative costs, or F&A, where we could have greater transparency and potential savings. I've heard from a number of my universities that they actually spend more on F&A than are reimbursed by the government, most showing a reimbursement rate of about 75 percent. I am wondering, and I'd kind of throw this out to all of you, regulatory compliance contributes to the cost of F&A. What actions could the federal government take to reduce this regulatory burden and help ensure that researchers' time is spent productively? I'll throw it out to any of you if you have a thought or two. Mr. Neumann? Mr. Neumann. Yes. Last year, we issued a report regarding the federal research requirements for universities in particular, and we identified a number of opportunities for streamlining some of the requirements. Even though we have the Uniform Guidance that OMB put out, agencies still have some flexibility in implementing those guidance, and--that guidance, and we found agencies did do so differently and so that created some additional workload for the universities that we met with. Mr. Hultgren. Mr. Luther? Mr. Luther. The only thing that I would add to that is, you know, as we collectively look at this, whether it's COGR or AAU or the Federal Demonstration Partnership, which is a combination of universities and federal representatives that work together on these things, you know, I think our greatest concern is that much of this burden falls on the individual faculty members, so they're the individuals that should be in the lab getting the work done and instead they're doing compliance and administrative responsibilities. So we take that very seriously. The other part is just the sheer cost of that, and I think over the past six months and certainly longer than that, there is a growing list of recommendations. Again, from my COGR role, we have a number of lists that we would suggest opportunities for reducing burden, and this isn't suggesting that the regulations all in all are bad around human subject management but it's suggesting that there's betters ways to do it with less burden. And so I think there's lots of opportunity to address those types of things, and again, I think in the GAO report and the National Academies report from a year or so ago, there were great recommendations along those lines. Mr. Hultgren. Mr. Luther, maybe you can drive in a little bit deeper on that. In your testimony, you talked about the regulatory burdens for carrying out federal research. As we cut to those regulatory burdens on academic research, isn't there an opportunity to also bring down administrative costs as well? Mr. Luther. Yes, I think there is, absolutely. You know, but again, to state that, reducing the regulatory burden is a great idea. That's not necessarily going to have any impact on the F&A costs because, again, we're many points over the administrative cap, right? So reducing that burden reduces the ability to direct those funds towards programmatic missions, academic, research and other missions so absolutely, that's what we should be focusing on. Mr. Hultgren. Mr. Neumann, with the seconds I have left, for an organization to be reimbursed for indirect costs, it must have negotiated an indirect cost rate agreement with its cognizant federal agency. How can this process be improved by NSF? Mr. Neumann. As I noted previously in my statement, we are seeing some opportunities for the NSF guidance to be implemented consistently as well as opportunity to provide more details to the NSF staff so they can be consistently implementing the guidance particular when it comes to supervisory review and then applying the uniform guidance changes that came up in 2014. Mr. Hultgren. Thank you. My time is expired so I yield back the balance of my time. Thank you, Chairwoman. Chairwoman Comstock. I now recognize Dr. Marshall. Mr. Marshall. Thank you, Chairwoman. My first question, I think Mr. Bell or Mr. Neumann can answer it. Let's suppose the top biosecurity research center in the country, Kansas State University, has ten different studies they're doing. When you negotiate an indirect expense rate with them, cost, do you do it per study or does the university just get one negotiated for the year? Mr. Bell. So because it's a college or university, it is negotiated either by HHS or ONR. It is done at an organizational level, not an award-by-award level. Mr. Marshall. And at the end of each year you go through the finances and you reconcile that, so to speak? Mr. Bell. It depends on the type of rate that is negotiated. I believe HHS and ONR typically use four-year predetermined rates, that is, they look at the stability of the organization and whether or not the ratio fluctuates over time and then they establish a predetermined rate. Now, that predetermined rate means that you only negotiate it once so you're reducing administrative cost. However, you can potentially under-recover with no recourse or you could potentially over-recover. And you're exactly right that the basis of these negotiations are audited financial statements or other financial information. The other thing is that cognizant agencies have the flexibility for creating a rate structure to most equitably distribute costs. So one study may have a different indirect cost rate if it in fact is using a totally separate set of infrastructure, and this is why I think this topic is ``sexy'' because there is a lot of complexity. It's an easy concept: how do we share these indirect costs appropriately? The hard part is, well, what's the best way to do it, and currently, Uniform Guidance really provides the way that at least we're doing it all the same way across the government. Mr. Marshall. Okay. Mr. Luther, this one's for you. As I understand it, foundations and philanthropic organizations account differently for research expenditures, allowing some costs to be included as direct research expenditures at the federal government does not allow. Can you talk a little bit about apples and oranges in the way we're comparing foundations will pay for F&A costs versus the other entities? Mr. Luther. Certainly. So you're exactly right. The foundations will often pay for the things the federal government won't, number one, and number two, when they apply that rate, it generally applies to all costs. There's no modified total direct cost. And so the recovery mechanisms and the costing mechanisms are truly different. And as I mentioned briefly, many times foundations fund research that's considered off campus so truly the rate that is compared to many foundations should be to like a Duke University's off-campus rate, which is 26 percent, as opposed to our full rate because of the type of research that's being conducted. Mr. Marshall. Okay. I'm going to stick with you, Mr. Luther. My universities obviously are very concerned about this and are helping to educate me. Is it also your understanding that the current OMB rules strictly prohibit federal reimbursements that will subsidize research sponsored by foundations when they don't pay for full cost for research including the required F&A costs? Mr. Luther. That's correct. So we just submitted our indirect cost proposal to Health and Human Services three months ago, and in that proposal, the way we developed the cost allocation, the sexy aspect of the cost allocation is to make sure that the federal government does not subsidize one penny of foundations, industry or anything else. It's just the structure defined by the Uniform Guidance doesn't allow that to happen. Mr. Marshall. My last question. Why is there a difference in the rate non-federal research sponsors pay for these facilities' administrative costs? Mr. Luther. So again, many of these foundations have a different mission and a different relationship to universities. As we talked about in the very beginning, this partnership was about the federal government going back 50 years sharing in the development of the infrastructure. The Gates Foundation is paying for incredibly important research at Duke University, and it's partnering with Duke and NIAID around creating an AIDS vaccine, but it's funding some of the incremental and critical costs that allow that research to continue, especially when there's been federal funding gaps. Mr. Marshall. I'm going to squeeze in one question. I think it's back to Mr. Neumann and Mr. Bell. Mr. Luther says there's geographical differences. Why would that matter? If electricity is cheaper at Fort Hayes State University or Kansas University than it is at North Carolina, why can't we use that to our advantage in saying that we can actually do more with less as long as our outcomes are good? Mr. Bell. So really, the issue there is that whether or not an idea, or the location of an idea, or whether a researcher comes up with an idea; it's the value of the idea and the potentially transformative nature of that idea, and that should not be a component of evaluating whether or not we should fund it. So if you have a full portfolio that you're reviewing based on the merit review criteria--that's intellectual merit and broader impact--those are the drivers on whether or not you try to fund something, not whether or not their indirect cost rate is high or low. Chairwoman Comstock. And actually I'd like to follow up. Dr. Vedder, you had talked about maybe taking in competitive factors and other things into account. So can you expound upon that a little bit on evaluating research proposals how if there weren't going to be a cap because that could have other issues with it, what kind of factors and how would they be utilized? And I'm thinking in the context of having a more diverse research pool but also sort of getting more bang for our buck and then maybe providing an incentive for some of the others that have high overhead cost to maybe finding their way to balancing it if that were a competitive factor? Dr. Vedder. Yeah. As I understand research grants now, when a group of scientists evaluates an NSF proposal, they view it strictly on its scientific merit--is this the best proposal-- and they rank a series of proposals from best to worst, and they're putting primary emphasis on the quality of the research. But in the real world, we have resource constraints and dollars matter. You ought to know that here in Congress with all the budget talks and so forth. So what is wrong with the idea that after we've done the consideration of scientific merit on a proposal and that we make that the prime determinate of whether the award will be made that we couldn't give some secondary weight to how little money the university asks for the non-purely scientific dimensions of their research? Why shouldn't a university be able to bid as we bid in everything else in life, and if we are willing to do the work at a low cost in terms of the administrative side of things, why shouldn't that be given some favorable consideration in the evaluation of the grant? That was one of my research ideas. The other thing I pointed out, Chairman Comstock, was we spend an awful lot of time talking to researchers and auditing, investigating, checking, did you do this, did you do this, is this over the cap, is this under the cap. There's a lot of people, and I talk to researchers all the time and says there's too much of that, why don't you just put a--this is another approach. It's a different idea. And it's been introduced before. The Obama--it's a nonpartisan thing the Obama people-- it was pushed in the Obama Administration. Why don't we just put a flat rate? We can argue whether the rate ought to be 20 percent or 30 percent or what. Everyone will get that. The basic research grant will be approved, whatever, and then we'll add that on, and we won't spend as much time and resources as we do going through all this other stuff. So those are two alternatives approaches that I think at least ought to get some discussion. I'm not talking about the amount of money on scientific research here. I'm talking about the allocation of that money between alternative uses, and that's an altogether different issue, and so that's--I don't know if--that probably didn't answer your question. Chairwoman Comstock. No, that was---- Dr. Vedder. But I'm a college professor with tenure and I answer any question I want. Chairwoman Comstock. Thank you. I appreciate it. Did anyone else have a comment on that? Mr. Bell? Mr. Bell. So Dr. Vedder does point out that merit review is a primary component of the NSF approach. We have panelists of experts that evaluate against the two criteria, intellect merit and broader impact. Our program officers then use merit review as a component of trying to decide what is the correct, or the best portfolio, so that may mean that it's not just merit review, it could be that there are two ideas that are both equally good but you may just need to fund one of them. So it's not whatever scored highest gets funded. There are experts, program officers who are responsible for managing that portfolio. Chairwoman Comstock. So you're suggesting that some of that's already being incorporated? So it would be like if a college got two exceptional students that are equal otherwise, they might look and say but this person has had a tougher time or, you know---- Mr. Bell. That's exactly right. Chairwoman Comstock. --or fewer opportunities and so already factor some of that in now? Mr. Bell. Right. We have program officers bring their expert judgment to the table. It's not rack and stack, draw a line, you're done. It's do we have enough geographic diversity, do we have enough new awardees and established awardees. So there are other factors that play into the merit review process. Chairwoman Comstock. Thank you. And Mr. Lipinski, I'll recognize him for second round. Mr. Lipinski. Yes. Thank you, Chairwoman. I want to follow up. I understand--I appreciate the fact that Dr. Vedder has tenure and can say whatever he wants to say. I want to follow up on the proposal that Dr. Vedder had for scoring research proposals in part based on what they would cost. I understand sort of on the face of it it makes some sense. Now, NSF never did exactly that but in the past they did favor research proposals that came with higher cost-sharing commitments. In 2004, NSF ended voluntary cost-sharing except for unique programs such as the Industry-University Cooperative Research Centers. Program officers are always under pressure to stretch their budgets as far as possible, and when cost-sharing was used as leverage in negotiations, scientific merit and impact was too often downgraded as a factor in award decisions. That was the concern that NSF had and why they ended that. So I want to ask Mr. Luther what your thoughts are on the effect Dr. Vedder's proposal to score research proposals based on cost would have on research and researchers ta university? Mr. Luther. Thank you. A couple thoughts. My first thought is, I mean, I completely get the idea of factoring in cost. My concern is that would significantly reduce diversity. It's going to be universities that can cost-share the most that are going to win those awards, and that's--as a large private, that certainly benefits a university like Duke. I don't know that it benefits the broad research mission. And that would be my greatest concern, number one. Number two, you know, we often make decisions on cost, and I was talking to a faculty member several days ago about a grant that was trying to maximize how many genomic array tests it could do, and the individual had X amount of money. We went out to the lowest bidder, and when it was all said and done, the quality that came back wasn't sufficient, and we had to rerun all of those tests internally at Duke's expense to make sure that the data was valuable. That's my only concern about factoring in the cost too much is that would reduce diversity across institutions, and sometimes--and as economist you would probably agree, sometimes you get what you pay for, and my concern is that diversity and the best science should always be number one. Mr. Lipinski. The concern that I have is that you start a race to the bottom in some ways and that some universities will just start cutting that because they're looking--they don't have enough of a view of the long run and the long term. We certainly see, especially--I'd asked earlier about public universities. I know public universities are under a lot of pressure right now. Certainly the University of Illinois is. And I would sort of hate to see it be a situation where we need the money in the door right now so let's say our indirect costs are going to be lower, and in the long run then you're really-- again, you're giving up. Your facilities are just going to suffer. Everything for the long term, in the long run is going to suffer for the immediate impact of maybe getting more research dollars in the door today. So that's also a concern that I have. I thank everyone very much for their testimony on this. It's certainly an important issue. We all want to stretch research dollars as much as we can, and I think we should continue this discussion, and as Chairwoman Comstock said, we've worked on reducing regulatory burden. I think on this Committee we have that role of helping with that, and I want to continue to make sure that we do that. So I yield back. Chairwoman Comstock. Thank you, and I thank the witnesses for their testimony and their insight today and the members for their questions. The record will remain open for two weeks for additional written comments and written questions from Members. And the hearing is now adjourned. Thank you. [Whereupon, at 11:45 a.m., the Subcommittees were adjourned.] Appendix I ---------- Answers to Post-Hearing Questions [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Appendix II ---------- Additional Material for the Record [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] [all]