,i #aacth ,,congress #ast ,session ,h4 ,r4 #ccaf ,,in ,,the ,,house ,,of ,,representatives ,october #bc1 #bjac ,mr4 ,lankford 7for himself1 ,mr4 ,issa1 and ,mr4 ,walberg7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform ,a ,,bill ,to amend title #ca1 ,united ,states ,code1 to provide transparency and require certain standards in the award of ,federal grants1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,grant ,reform and ,new ,transparency ,act of #bjac or the ,,grant ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,grants transparency requirements4 ,sec4 #d4 ,report requirements relating to grants4 ,sec4 #e4 ,plan for improving the single audit process4 #c4 ,grants transparency requirements 7a7 ,grants transparency requirements 7#a7 ,in general ,subtitle ,v of title #ca1 ,united ,states ,code1 is amended by inserting after chapter #gc the following new chapter3 #gd ,grants ,transparency ,requirements ,sec4 #gdja4 ,definitions4 #gdjb4 ,merit-based selection procedure requirements in awarding grants4 #gdjc4 ,pre-award evaluation requirements4 #gdjd4 ,website relating to ,federal grants4 #gdje4 ,debriefing4 #gdja4 ,definitions ,in this chapter3 7#a7 ,applicant ,the term applicant means an entity that submits a proposal or application for a grant4 7#b7 ,competitive grant ,the term competitive grant means a grant entered into through the use of merit-based selection procedures for the purpose of allocating funds authorized under a grant program of an ,executive agency4 7#c7 ,executive agency ,the term ,executive agency has the meaning given that term in section #aje of title #e1 except the term does not include the ,government ,accountability ,office4 7#d7 ,grant ,the term grant means an award of ,federal financial assistance through a grant agreement or cooperative agreement making payment in cash or in kind to a recipient to carry out a public purpose authorized by law4 7#e7 ,grant reviewer ,the term grant reviewer1 with respect to a grant-- 7,a7 means any individual who reviews1 evaluates1 or participates in the decision to select a grant applicant for award of the grant2 and 7,b7 includes-- 7i7 a peer reviewer2 7ii7 a merit reviewer2 and 7iii7 a member of a technical evaluation panel or board or a special emphasis panel4 7#f7 ,proposal abstract ,the term proposal abstract1 with respect to a grant proposal1 means a summary containing key elements of the grant proposal4 #gdjb4 ,merit-based selection procedure requirements in awarding grants 7a7 ,merit-,based selection procedures required 7#a7 ,in general ,except as provided in paragraph 7#b71 an ,executive agency shall use merit-based selection procedures in awarding grants4 7#b7 ,exception for certain grants ,an ,executive agency is not required to use merit-based selection procedures in awarding a grant if the grant is a block grant or formula grant for which ,federal funds are required to be allocated in accordance with a distribution formula prescribed by law or regulation1 or any other grant in which the allocation methodology for the grant funds is mandated by law4 7b7 ,requirement for specific merit-,based selection procedures ,each ,executive agency shall establish and make publicly available online specific merit-based selection procedures for each grant program of the agency required under subsection 7a7 to use such procedures4 7c7 ,merit-,based selection procedures described 7#a7 ,in general ,the merit-based selection procedures required under subsection 7a7 shall promote the use of competition1 and may be tailored to the particular requirements1 objectives1 and authorities of the agency4 ,the procedures may address matters such as consideration of unsolicited proposals1 standards for obtaining a competitive pool of applicants1 and exceptions for safety1 security1 or other circumstances4 7#b7 ,specific matters included ,the merit-based selection procedures required under subsection 7a7 shall include1 with respect to a grant1 the following3 7,a7 ,a clear statement of the purpose1 duration 7including anticipated grant continuations71 and eligibility requirements of the grant4 7,b7 ,a description of the manner in which applications or proposals for the grant will be evaluated1 ranked1 and selected for award1 including the weighting of any evaluation factors or criteria that will be considered4 7d7 ,advance notification of grant opportunity required 7#a7 ,agency notification ,not later than #fj days before the date on which a grant opportunity becomes available1 the head of the relevant ,executive agency shall notify the ,director of the ,office of ,management and ,budget4 7#b7 ,public notification ,not later than #cj days after receipt of the grant opportunity described under paragraph 7#a71 the ,director shall make available online the specific matters described under subsection 7c77#b7 with respect to such grant4 #gdjc4 ,pre-award evaluation requirements 7a7 ,evaluation required ,before awarding a competitive grant1 an ,executive agency shall conduct an evaluation of the ability of the prospective grantee to successfully carry out the grant4 7b7 ,matters covered ,the evaluation required by subsection 7a7 shall include a review of the following3 7#a7 ,financial management system ,the capability of the financial management system of the applicant to appropriately manage and account for funds according to accepted cost accounting principles determined by the ,office of ,management and ,budget4 7#b7 ,internal controls ,the internal financial and administrative control systems of the applicant4 7#c7 ,compliance with reporting ,the capability of the applicant to comply with ,federal reporting requirements for recipients of ,federal funds4 7#d7 ,past performance and integrity ,the past performance and record of integrity of the applicant4 7#e7 ,other qualifications and competence ,the ability of the applicant to successfully carry out the purposes of the grant4 7#f7 ,other ,federal assistance ,whether the applicant has received other ,federal funds through a contract or other type of assistance through a search of the ,system for ,award ,management and the ,federal ,assistance ,award ,data ,system4 7c7 ,simplified evaluation procedure for certain applicants 7#a7 ,in general ,in conducting the evaluation required under subsection 7a7 with respect to an applicant1 an ,executive agency shall minimize the burden on any covered applicant and shall consider any existing findings with respect to that covered applicant under the single audit process under chapter #ge of title #ca related to the matters in subsection 7b74 7#b7 ,covered applicant defined ,in this subsection1 the term covered applicant means an applicant that has received more than #aj1jjj1jjj in ,federal grants during the previous #aj years before the date on which the evaluation occurs4 #gdjd4 ,website relating to ,federal grants 7a7 ,requirement ,the ,director of the ,office of ,management and ,budget shall upgrade any existing or proposed public website for finding ,federal grant opportunities and applying for such grants so that such website may serve as a central point of information and provide full access for applicants for competitive grants4 ,the website shall capture in one site1 or provide electronic links to1 other relevant databases4 7b7 ,notice of competitive grant funds availability ,at the time an ,executive agency issues a solicitation or otherwise announces the availability of funds for a competitive grant1 the agency shall post on the grants website maintained under this section relevant information about the grant opportunity1 including the following3 7#a7 ,announcement and purpose ,the grant announcement and purpose of the grant4 7#b7 ,grant period ,the time period for performance of the grant and whether the agency anticipates that the grant will be continued4 7#c7 ,amount of available funds ,the amount of funds available for the grant4 7#d7 ,eligibility ,a statement of eligibility requirements of the grant4 7#e7 ,agency point of contact ,contact information for the ,executive agency1 including the name1 telephone number1 and electronic mail address of a specific person or persons responsible for answering questions about the grant and the application process for the grant4 7#f7 ,evaluation factors or criteria ,a clear statement of the evaluation factors or criteria that the agency intends to use to evaluate and rank grant applications or proposals submitted1 including the weight to be applied to each factor or criterion4 7#g7 ,disclosure of the process and standards for safeguarding against conflicts ,a description of the process and standards to be used by the agency to determine that each grant reviewer does not have a prohibited conflict of interest1 as defined by applicable statute or regulation1 with respect to the evaluation or review of a grant application or proposal1 or the decision to award a grant4 7#h7 ,deadline ,the deadline for submission of grant applications or proposals4 7c7 ,use by applicants ,the grants website maintained under this section shall1 to the greatest extent practicable1 allow grant applicants to-- 7#a7 use the website with any computer platform2 7#b7 search the website for all competitive grants by purpose1 funding agency1 program source1 and other relevant criteria2 7#c7 apply for a competitive grant using the website2 7#d7 manage1 track1 and report on the use of competitive grants using the website2 and 7#e7 provide all required certifications and assurances for a competitive grant using the website4 7d7 ,grant ,award information 7#a7 ,in general ,for each competitive grant awarded by an ,executive agency1 the agency shall post on the grants website maintained under this section the information described in paragraph 7#b74 ,except as provided in paragraphs 7#b77;,a71 7#b77;,b71 and 7#c71 the information shall be posted within #cj days after an ,executive agency notifies an applicant that the applicant has been selected to receive a grant award and shall be updated as necessary while the grant to the recipient is being performed4 7#b7 ,information posted ,for purposes of paragraph 7#a71 the information described in this section with respect to each grant awarded by an ,executive agency is the following3 7,a7 ,executed grant agreement ,subject to paragraph 7#c71 a copy of the final grant agreement1 including the terms and conditions and the time period for performance of the grant4 7,b7 ,copy of proposal1 application1 or plan ,subject to paragraph 7#c71 a copy of any proposal1 application1 or plan submitted for the awarded grant1 including any amendment to the proposal1 application1 or plan 7whether made before or after the award of the grant74 7,c7 ,award decision documentation and rankings ,documentation explaining the basis for the selection decision for the grant1 the number of proposals received for the grant1 and1 with respect to the proposal that resulted in the grant award1 the numerical ranking of the proposal by grant reviewers1 if numerical rankings were assigned4 7,d7 ,justification for deviating from rankings ,in any case in which the award of the grant is not consistent with the numerical rankings or any other recommendations made by grant reviewers1 a written justification explaining the rationale for the decision not to follow the rankings or recommendations4 7,e7 ,disclosure of ,peer ,reviewers ,the employer1 and either the name and title or a unique identifier1 of each individual who served as a peer reviewer for the grant program concerned1 during the six-month period preceding the award of the grant4 7,f7 ,disclosure of ,other ,grant ,reviewers ,the name1 title1 and employer of each individual who served as a reviewer 7other than a peer reviewer7 of proposals or applications for the grant1 regardless of whether the individual is employed by the ,federal government or not4 7#c7 ,exception to posting requirement ,notwithstanding paragraphs 7#a71 7#b77;,a71 and 7#b77;,b71 if the head of the ,executive agency determines1 with respect to a particular grant award1 that posting the proposal1 application1 or plan at the time described in paragraph 7#a7 would adversely affect an applicant1 the agency-- 7,a7 may post a proposal abstract or executive summary2 and 7,b7 shall post the complete proposal1 application1 or plan for any proposal that is released under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 not later than #fj days after the date on which the proposal1 application1 or plan is released4 7e7 ,grant performance information ,unless otherwise prohibited by law1 with respect to each grant awarded by an ,executive agency1 within #fj days after the end of the period for completion of the grant1 the agency shall post on the grants website maintained under this section the following information3 7#a7 ,the final report or other final written product required under the terms of the grant4 7#b7 ,other related data or results of the grant1 or links to other related data or results of the grant1 that the agency considers to be of value to future researchers or in the public interest4 7f7 ,submission and ,publication of ,grant ,solicitation ,forecast on the ,grants website 7#a7 ,requirement ,not later than ,november #cj of each year1 the head of each ,executive agency shall post a forecast1 in accordance with paragraph 7#b71 of all grant solicitations that the agency expects to issue for the following calendar year4 ,the forecast shall be based on the best information available and shall not be binding on the agency4 7#b7 ,matters included ,the forecast shall include1 to the extent practicable1 the following for each expected grant solicitation in a machine readable format3 7,a7 ,subject and purpose ,a brief description of the subject and purpose of the grant1 organized by the organizational unit of the ,executive agency4 7,b7 ,point of contact ,contact information for the organizational unit or individual responsible for the grant1 if known1 including name1 telephone number1 and electronic mail address4 7,c7 ,notice publication date ,the expected or actual dates for the issuance of the grant solicitation and application and the grant application submission deadline4 7,d7 ,award amount ,the estimated amount of the average grant award1 the estimated maximum and minimum amounts of the grant award1 if applicable1 and the estimated total number of grant awards to be made4 7,e7 ,total funding ,a description of the total amount available to be awarded4 7g7 ,publication of information ,nothing in this section shall be construed as requiring the publication of information otherwise exempt under section #eeb of title #e1 ,united ,states ,code 7popularly referred to as the ,freedom of ,information ,act74 7h7 ,transparency of information ,to the extent practicable1 the grants website maintained under this section shall-- 7#a7 make the information described in this section available in its original format2 7#b7 make the information described in this section available without charge1 license1 or registration requirement2 7#c7 permit the information described in this section to be searched and aggregated2 7#d7 permit the information described in this section to be downloaded in bulk2 7#e7 permit the information described in this section to be disseminated via automatic electronic means2 7#f7 permit the information described in this section to be freely shared by the public1 such as by social media2 7#g7 use permanent uniform resource locators for the information described in this section2 and 7#h7 provide an opportunity for the public to provide input about the usefulness of the site and recommendations for improvements4 #gdje4 ,debriefing ,if requested by an applicant for a competitive grant1 for each grant award made in an amount in excess of #ajj1jjj pursuant to a merit-based selection procedure1 an ,executive agency shall provide the applicant with a timely debriefing explaining the basis for the agency's award decision1 including1 if applicable1 the decision not to award a grant to the applicant4 4 7#b7 ,clerical amendment ,the table of chapters at the beginning of subtitle ,v of title #ca1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #gc the following new item3 #gd4;,grant ,transparency ,requirements#gdja 4 7b7 ,guidance for merit-,based selection procedures for grant programs ,not later than #fj days after the date of the enactment of this ,act1 the ,director of the ,office of ,management and ,budget shall issue and disseminate guidance to aid ,executive agencies in establishing merit-based selection procedures for agency grant programs1 as required by section #gdjb7;c7 of title #ca1 ,united ,states ,code1 as added by subsection 7a74 7c7 ,deadline for merit-,based selection procedures for grant programs ,not later than #ahj days after the date of the enactment of this ,act1 each ,executive agency shall carry out the requirement of section #gdjb7;c7 of such title1 as so added4 7d7 ,report on merit-,based selection procedures for grant programs ,not later than one year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report on the guidance issued by the ,director of the ,office of ,management and ,budget under subsection 7b7 and the actions taken by ,executive agencies to establish merit-based selection procedures under subsection 7c74 7e7 ,executive agency defined ,in this section1 the term ,executive agency has the meaning given that term in section #aje of title #e1 ,united ,states ,code1 except the term does not include the ,government ,accountability ,office4 #d4 ,report requirements relating to grants 7a7 ,undisbursed grant funding report 7#a7 ,guidance ,not later than #ij days after the date of the enactment of this ,act1 the ,director of the ,office of ,management and ,budget shall issue guidance to ,executive agencies instructing each agency to identify amounts of undisbursed grant funding remaining in grant accounts for which the period of availability to the grantee has expired and report to the ,office of ,management and ,budget on the status and resolution of such funding4 7#b7 ,report requirement ,not later than #ahj days after the date of the enactment of this ,act1 the ,director shall submit to the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report summarizing the information reported by ,executive agencies under subsection 7a7 and describing the actions the ,director or ,executive agencies plan to take with respect to the undisbursed grant funding identified in the information so reported4 7b7 ,grants workforce report 7#a7 ,report requirement ,not later than #ahj days after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report on the ,federal grants workforce4 7#b7 ,contents of report ,the report required under subsection 7a7 shall address-- 7,a7 the size of the ,federal grants workforce and expected trends in ,federal employment2 7,b7 adequacy of training opportunities for the ,federal grants workforce2 7,c7 whether the ,federal ,acquisition ,institute or any other existing entity engaged in acquisition workforce training should be made available for grant training2 7,d7 whether a warrant system similar to that used in the ,federal acquisition system should be established for ,federal officials authorized to award grants2 7,e7 the use by executive agencies of suspension and debarment actions taken against grantees during the three-year period preceding the date of submission of the report1 and the level of agency resources assigned to the suspension and debarment functions2 and 7,f7 any recommendations for improving the ,federal grants workforce4 7c7 ,definitions ,in this section3 7#a7 ,executive agency ,the term ,executive agency has the meaning given that term in section #aje of title #e1 ,united ,states ,code1 except the term does not include the ,government ,accountability ,office4 7#b7 ,federal grants workforce defined ,the term ,federal grants workforce1 with respect to an ,executive agency1 means all employees of the agency who spend some or all of their time engaged in-- 7,a7 grant planning2 7,b7 preparing grant solicitations1 ,notices of ,funding ,availability1 or other requests for grant proposals2 7,c7 evaluating or reviewing grant applications1 including serving on a peer review board2 or 7,d7 monitoring or administering grant performance by grantees4 #e4 ,plan for improving the single audit process 7a7 ,plan for improving the single audit process ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of the ,office of ,management and ,budget shall submit to the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a plan on improving the single audit process required under chapter #ge of title #ca1 ,united ,states ,code1 that includes each of the following elements3 7#a7 ,a centralized ,federal ,government oversight structure for the single audit process to monitor ,federal agency implementation of single audit requirements under chapter #ge of title #ca1 ,united ,states ,code4 7#b7 ,simplified alternative single audit requirements for non-,federal entities with expenditures for smaller ,federal awards4 7#c7 ,a proposal to shorten the single audit cycle1 including the time periods for completing the audit and for ,executive agency resolution of the audit4 7#d7 ,an identification of any necessary legislative changes to implement any proposal under the plan4 7#e7 ,a description of key milestones for implementation and necessary steps to complete implementation4 7b7 ,report ,not later than #ahj days after the plan is submitted under subsection 7a71 the ,director of the ,office of ,management and ,budget shall submit to the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report on the implementation of each element of the plan4 7c7 ,definitions ,in this section3 7#a7 ,executive agency ,the term ,executive agency has the meaning given that term in section #aje of title #e1 ,united ,states ,code1 except the term does not include the ,government ,accountability ,office4 7#b7 ,non-,federal entity ,the term non-,federal entity has the meaning given that term under section #geja of title #ca1 ,united ,states ,code4 7#c7 ,single audit ,the term single audit has the meaning provided by section #geja7;a77#ah7 of title #ca1 ,united ,states ,code4 7#d7 ,smaller ,federal award ,the term smaller ,federal award means a ,federal award of less than #a1jjj1jjj or such other amount specified by the ,director of the ,office of ,management and ,budget4