,,ii #aadth ,,congress #b;d ,session ,s4 #bigb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bc1 #bjaf ,mr4 ,lankford introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,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 7a7 ,short title ,this ,act may be cited as the ,grant ,reform and ,new ,transparency ,act of #bjaf or the ,,grant ,act4 #b4 ,grants transparency requirements 7a7 ,in general ,subtitle ,v of title #ca1 ,united ,states ,code1 is amended by inserting after chapter #gc the following3 #gd ,grants ,transparency ,requirements ,sec4 #gdja4 ,definitions4 #gdjb4 ,advance notification of grant opportunity4 #gdjc4 ,pre-award evaluation requirements4 #gdjd4 ,website relating to ,federal grants4 #gdje4 ,debriefing4 #gdjf4 ,inspector ,general review of peer review process4 #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 discretionary 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 the 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 ,advance notification of grant opportunity ,not later than #cj days before the date on which an ,executive agency plans to award a grant opportunity1 the ,executive agency shall post on the grants website maintained under section #gdjd-- 7#a7 a clear statement of the purpose1 duration 7including anticipated grant continuations71 and eligibility requirements of the grant2 and 7#b7 for merit-based grants1 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 shall be considered4 #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 applicant to successfully carry out the grant4 7b7 ,matters covered ,the evaluation required under subsection 7a7 shall include a review of-- 7#a7 the ability of the applicant to successfully carry out the purposes of the grant1 as provided in section #bjj4cjb of title #b1 ,code of ,federal ,regulations 7or any successor thereto72 7#b7 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 ,budget1 as provided in section #bjj4cjb of title #b1 ,code of ,federal ,regulations 7or any successor thereto72 7#c7 the internal financial and administrative control systems of the applicant1 as provided in section #bjj4cjc of title #b1 ,code of ,federal ,regulations 7or any successor thereto72 7#d7 the capability of the applicant to comply with ,federal reporting requirements for recipients of ,federal funds1 as provided in section #bjj4cjb of title #b1 ,code of ,federal ,regulations 7or any successor thereto72 7#e7 the past performance and record of integrity of the applicant1 as provided in section #bjj4bje of title #b1 ,code of ,federal ,regulations 7or any successor thereto72 7#f7 whether the applicant has received other ,federal funds through a contract or other type of assistance through a search of the ,federal ,assistance ,award ,data ,system1 as provided in section #bjj4cjb of title #b1 ,code of ,federal ,regulations 7or any successor thereto72 and 7#g7 any interagency duplication of efforts for research grants1 which may be completed through a text-similarity detection process4 #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 the website-- 7#a7 may serve as a central point of information and provide full access for applicants for competitive grants2 and 7#b7 shall capture in #a 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 ,executive agency shall post on the grants website maintained under this section1 in a searchable electronic format1 relevant information about the grant opportunity1 including-- 7#a7 the grant announcement and purpose of the grant2 7#b7 the anticipated period of performance for new awards and whether the ,executive agency anticipates that the grant will be continued2 7#c7 the estimated amount of funds available for the grant2 7#d7 a statement of eligibility requirements of the grant2 7#e7 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 grant2 7#f7 a clear statement of the evaluation factors or criteria that the ,executive agency intends to use to evaluate and rank grant applications or proposals submitted1 including the weight to be applied to each factor or criterion2 7#g7 a description of the process and standards to be used by the ,executive 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 grant2 and 7#h7 the anticipated 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 widely used 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 and 7#d7 manage1 track1 and report on the use of competitive grants using the website4 7d7 ,grant award information 7#a7 ,in general ,for each competitive grant awarded by an ,executive agency1 the ,executive agency shall-- 7,a7 except as provided in paragraphs 7#b77;,a71 7#b77;,b71 and 7#c71 post on the grants website maintained under this section-- 7i7 the information described in paragraph 7#b77;,a7 not later than #ad days after the date on which the grant agreement is finalized2 and 7ii7 the information described in subparagraphs 7,b7 and 7,c7 of paragraph 7#b7 not later than #cj days after the date on which the ,executive agency notifies an applicant that the applicant has been selected to receive a grant award2 and 7,b7 update the information under subparagraph 7,a7 as necessary during performance of the grant4 7#b7 ,information posted ,for purposes of paragraph 7#a71 the information described in this paragraph with respect to each grant awarded by an ,executive agency is-- 7,a7 subject to paragraph 7#c7-- 7i7 a copy of the final grant agreement1 including the terms and conditions and the time period for performance of the grant2 and 7ii7 a copy of the proposal1 application1 or plan that resulted in the grant award1 including any substantive amendment to the proposal1 application1 or plan 7whether made before or after the award of the grant72 7,b7 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 whether the grant was awarded consistent with a numerical ranking or other recommendations by grant reviewers2 and 7,c7 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#c7 ,exceptions to posting requirement 7,a7 ,in general ,notwithstanding paragraphs 7#a71 7#b77;,a71 and 7#b77;,b71 an ,executive agency may post a proposal abstract or executive summary if the head of the ,executive agency determines1 with respect to a particular grant award1 that the proposal1 application1 or plan contains matters that are-- 7i7 specifically authorized under criteria established by an ,executive order to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to such ,executive order2 7ii7 trade secrets or commercial or financial information obtained from a person and privileged or confidential2 or 7iii7 personnel files1 medical files1 and any similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy4 7,b7 ,research and development grants 7i7 ,definition ,in this subparagraph1 the term research and development grant means a grant to conduct research and development activities4 7ii7 ,exception ,notwithstanding paragraphs 7#a7 and 7#b77;,a71 an ,executive agency shall1 with respect to a research and development grant1 post on the grants website maintained under this section-- 7,i7 a proposal abstract or executive summary at the time described in paragraph 7#a77;,a77i72 and 7,,ii7 the complete proposal for the grant award not later than #a year after the date on which the grant expires4 7iii7 ,extension ,an ,executive agency may post the complete proposal for a research and development grant award after the expiration of the #a-year period described in clause 7ii77,,ii7 if the recipient of the research and development grant award-- 7,i7 petitions the ,executive agency to post the complete proposal for the grant award after the expiration of that period2 and 7,,ii7 demonstrates that posting the complete proposal during the #a-year period would adversely affect the recipient4 7,c7 ,sensitive information 7i7 ,personally identifiable information ,a recipient of a grant awarded by an ,executive agency may request that the ,executive agency redact any personally identifiable information from a post on the grants website maintained under this section4 7ii7 ,vulnerabilities in critical infrastructure ,an ,executive agency may not post on the grants website maintained under this section any sensitive information related to vulnerabilities in critical infrastructure4 7e7 ,submission and ,publication of ,grant ,solicitation ,forecast on the ,grants website 7#a7 ,requirement ,not later than ,november #cj of each year or not later than #fj days after the date on which amounts are appropriated to an ,executive agency for a fiscal year1 whichever is later1 the head of the ,executive agency shall post a forecast1 in accordance with paragraph 7#b71 of all non-emergency grant solicitations that the ,executive agency expects to issue for the following calendar year1 which-- 7,a7 shall be based on the best information available2 and 7,b7 shall not be binding on the ,executive agency4 7#b7 ,matters included ,the forecast required under paragraph 7#a7 shall include1 to the extent practicable1 for each expected grant solicitation in a machine-readable format-- 7,a7 a brief description of the subject and purpose of the grant1 organized by the organizational unit of the ,executive agency2 7,b7 contact information for the organizational unit or individual responsible for the grant1 if known1 including name1 telephone number1 and electronic mail address2 7,c7 the expected or actual dates for the issuance of the grant solicitation and application and the grant application submission deadline2 7,d7 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 made2 and 7,e7 a description of the total amount available to be awarded4 7f7 ,publication of information ,nothing in this section shall be construed to require the publication of information otherwise exempt from disclosure under section #eeb of title #e 7commonly referred to as the ,freedom of ,information ,act71 except for the application of subsection 7b77#e7 of such section to pre-decisional documents that are posted pursuant to the requirements under subsection 7d74 7g7 ,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 searched2 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 award decision of the ,executive agency1 including1 if applicable1 the decision not to award a grant to the applicant4 #gdjf4 ,inspector ,general review of peer review process ,not later than #ah months after the date of enactment of the ,grant ,reform and ,new ,transparency ,act of #bjaf1 the ,inspector ,general of each ,executive agency that awards competitive grants shall conduct a review of the effectiveness of the conflicts of interest policy of the ,executive agency1 including a review of a random selection of peer review processes1 with respect to the peer review process for competitive grants in order to detect favoritism4 4 7b7 ,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 following3 #gd4;,grant ,transparency ,requirements#gdja 4 #c4 ,grants workforce report 7a7 ,definitions ,in this section3 7#a7 ,executive agency ,the term ,executive agency has the meaning given the 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 ,the term ,federal grants workforce1 with respect to an ,executive agency1 means all employees of the ,executive agency who spend some or all of their time engaged in-- 7,a7 grant planning1 including programmatic activities2 7,b7 preparing grant solicitations1 ,notices of ,funding ,opportunity1 or other requests for grant proposals2 7,c7 evaluating or reviewing grant applications1 including serving on a peer review board2 7,d7 monitoring or administering grant performance by grantees2 7,e7 preparing the ,notice of ,award and negotiating terms and conditions2 or 7,f7 post-award closeout activities1 including final technical and financial reports4 7b7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives a report on the ,federal grants workforce1 which shall address-- 7#a7 the size of the ,federal grants workforce and expected trends in ,federal employment for the ,federal grants workforce2 7#b7 the 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 #c-year period preceding the date on which the report is submitted1 and the level of agency resources assigned to the suspension and debarment functions2 and 7#f7 any recommendations for improving the ,federal grants workforce4