I 

112TH CONGRESS 

1ST SESSION H. R. 3433 

To amend title 31, United States Code, to provide transparency and require 

certain standards in the award of Federal grants, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 16, 2011 

Mr. LANKFORD (for himself, Mr. ISSA, Mr. KELLY, Mr. MEEHAN, and Mr. 

PIERLUISI) introduced the following bill; which was referred to the Committee on Oversight and Government Reform 

A BILL 

To amend title 31, United States Code, to provide transparency and require certain standards in the award of 

Federal grants, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Grant Reform and 

5 New Transparency Act of 2011’’ or the ‘‘GRANT Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Grants transparency requirements. 


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Sec. 4. Report requirements relating to grants. 

Sec. 5. Plan for improving the single audit process. 

1 SEC. 3. GRANTS TRANSPARENCY REQUIREMENTS. 

2 (a) GRANTS TRANSPARENCY REQUIREMENTS.— 

3 (1) IN GENERAL.—Subtitle V of title 31, 

4 United States Code, is amended by inserting after 

5 chapter 73 the following new chapter: 

6 ‘‘CHAPTER 74—GRANTS TRANSPARENCY 

7 REQUIREMENTS 

‘‘Sec. 

‘‘7401. Definitions. 

‘‘7402. Competition requirements in awarding grants. 

‘‘7403. Pre-award evaluation requirements. 

‘‘7404. Website relating to Federal grants. 

‘‘7405. Debriefing. 

8 ‘‘§ 7401. Definitions 

9 ‘‘In this chapter: 

10 ‘‘(1) GRANT.—The term ‘grant’ means an 

11 award of Federal financial assistance through a 

12 grant agreement or cooperative agreement making 

13 payment in cash or in kind to a recipient to carry 

14 out a public purpose authorized by law. 

15 ‘‘(2) COMPETITIVE GRANT.—The term ‘com16 petitive grant’ means a grant entered into through 

17 the use of merit-based selection procedures for the 

18 purpose of allocating funds authorized under a grant 

19 program of an Executive agency. 

20 ‘‘(3) EXECUTIVE AGENCY.—The term ‘Execu21 tive agency’ has the meaning provided by section 


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1 105 of title 5, except the term does not include the 

2 Government Accountability Office. 

3 ‘‘(4) BOARD.—The term ‘Board’ means the Re4 covery Accountability and Transparency Board or 

5 any successor entity. 

6 ‘‘(5) PROPOSAL ABSTRACT.—The term ‘pro7 posal abstract’, with respect to a grant proposal, 

8 means a summary containing key elements of the 

9 grant proposal. 

10 ‘‘(6) GRANT REVIEWER.—The term ‘grant re11 viewer’, with respect to a grant— 

12 ‘‘(A) means any individual who reviews, 

13 evaluates, or participates in the decision to se14 lect a grant applicant for award of the grant; 

15 and 

16 ‘‘(B) includes— 

17 ‘‘(i) a peer reviewer; 

18 ‘‘(ii) a merit reviewer; and 

19 ‘‘(iii) a member of a technical evalua20 tion panel or board or a special emphasis 

21 panel. 

22 ‘‘§ 7402. Merit-based selection procedure require23 ments in awarding grants 

24 ‘‘(a) MERIT-BASED SELECTION PROCEDURES RE25 QUIRED.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), an Executive agency shall use merit-based 

3 selection procedures in awarding grants. 

4 ‘‘(2) EXCEPTION FOR CERTAIN GRANTS.—An 

5 Executive agency is not required to use merit-based 

6 selection procedures in awarding a grant if the grant 

7 is a block grant or formula grant for which Federal 

8 funds are required to be allocated in accordance with 

9 a distribution formula prescribed by law or regula10 tion, or any other grant in which the allocation 

11 methodology for the grant funds is mandated by law. 

12 ‘‘(b) REQUIREMENT FOR SPECIFIC MERIT-BASED

13 SELECTION PROCEDURES.—Each Executive agency shall 

14 establish and make publicly available specific merit-based 

15 selection procedures for each grant program of the agency 

16 required under subsection (a) to use such procedures. 

17 ‘‘(c) MERIT-BASED SELECTION PROCEDURES DE18 SCRIBED.— 

19 ‘‘(1) IN GENERAL.—The merit-based selection 

20 procedures required under subsection (a) shall pro21 mote the use of competition, and may be tailored to 

22 the particular requirements, objectives, and authori23 ties of the agency. The procedures may address mat24 ters such as consideration of unsolicited proposals, 

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1 cants, and exceptions for safety, security, or other 

2 circumstances. 

3 ‘‘(2) SPECIFIC MATTERS INCLUDED.—The 

4 merit-based selection procedures required under sub5 section (a) shall include, with respect to a grant, the 

6 following: 

7 ‘‘(A) Advance notification of the grant op8 portunity. 

9 ‘‘(B) A clear statement of the purpose, du10 ration (including anticipated grant continu11 ations), and eligibility requirements of the 

12 grant. 

13 ‘‘(C) A description of the manner in which 

14 applications or proposals for the grant will be 

15 evaluated, ranked, and selected for award, in16 cluding the weighting of any evaluation factors 

17 or criteria that will be considered. 

18 ‘‘§ 7403. Pre-award evaluation requirements 

19 ‘‘(a) EVALUATION REQUIRED.—Before awarding a 

20 competitive grant, an Executive agency shall conduct an 

21 evaluation of the ability of the prospective grantee to suc22 cessfully carry out the grant. 

23 ‘‘(b) MATTERS COVERED.—The evaluation required 

24 by subsection (a) shall include a review of the following: 


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1 ‘‘(1) FINANCIAL MANAGEMENT SYSTEM.—The 

2 capability of the financial management system of the 

3 applicant to account for funds. 

4 ‘‘(2) INTERNAL CONTROLS.—The internal fi5 nancial and administrative control systems of the 

6 applicant. 

7 ‘‘(3) COMPLIANCE WITH REPORTING.—The ca8 pability of the applicant to comply with Federal re9 porting requirements for recipients of Federal funds. 

10 ‘‘(4) PAST PERFORMANCE AND INTEGRITY.— 

11 The past performance and record of integrity of the 

12 applicant. 

13 ‘‘(5) OTHER QUALIFICATIONS AND COM14 PETENCE.—The ability of the applicant to success15 fully carry out the purposes of the grant. 

16 ‘‘(c) SIMPLIFIED EVALUATION PROCEDURE FOR

17 CERTAIN APPLICANTS.—In conducting the evaluation re18 quired under subsection (a) with respect to an applicant, 

19 an Executive agency shall minimize the burden on any ap20 plicant that has previously received a significant volume 

21 of Federal grants, and shall consider any existing findings 

22 with respect to that applicant under the single audit proc23 ess under chapter 75 of title 31 related to the matters 

24 in subsection (b). 


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1 ‘‘§ 7404. Website relating to Federal grants 

2 ‘‘(a) REQUIREMENT.—The Director of the Office of 

3 Management and Budget shall upgrade any existing or 

4 proposed public website for finding Federal grant opportu5 nities and applying for such grants so that such website 

6 may serve as a central point of information and provide 

7 full access for applicants for competitive grants. The 

8 website shall capture in one site, or provide electronic links 

9 to, other relevant databases. 

10 ‘‘(b) NOTICE OF COMPETITIVE GRANT FUNDS

11 AVAILABILITY.—At the time an Executive agency issues 

12 a solicitation or otherwise announces the availability of 

13 funds for a competitive grant, the agency shall post on 

14 the grants website maintained under this section relevant 

15 information about the grant opportunity, including the fol16 lowing: 

17 ‘‘(1) ANNOUNCEMENT AND PURPOSE.—The 

18 grant announcement and purpose of the grant. 

19 ‘‘(2) GRANT PERIOD.—The time period for per20 formance of the grant and whether the agency an21 ticipates that the grant will be continued. 

22 ‘‘(3) AMOUNT OF AVAILABLE FUNDS.—The 

23 amount of funds available for the grant. 

24 ‘‘(4) ELIGIBILITY.—A statement of eligibility 

25 requirements of the grant. 


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1 ‘‘(5) AGENCY POINT OF CONTACT.—Contact in2 formation for the Executive agency, including the 

3 name, telephone number, and electronic mail address 

4 of a specific person or persons responsible for an5 swering questions about the grant and the applica6 tion process for the grant. 

7 ‘‘(6) EVALUATION FACTORS OR CRITERIA.—A 

8 clear statement of the evaluation factors or criteria 

9 that the agency intends to use to evaluate and rank 

10 grant applications or proposals submitted, including 

11 the weight to be applied to each factor or criterion. 

12 ‘‘(7) DISCLOSURE OF THE PROCESS AND

13 STANDARDS FOR SAFEGUARDING AGAINST CON14 FLICTS.—A description of the process and standards 

15 to be used by the agency to determine that each 

16 grant reviewer does not have a prohibited conflict of 

17 interest, as defined by applicable statute or regula18 tion, with respect to the evaluation or review of a 

19 grant application or proposal, or the decision to 

20 award a grant. 

21 ‘‘(8) DEADLINE.—The deadline for submission 

22 of grant applications or proposals. 

23 ‘‘(c) USE BY APPLICANTS.—The grants website 

24 maintained under this section shall, to the greatest extent 

25 practicable, allow grant applicants to— 


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1 ‘‘(1) use the website with any computer plat2 form; 

3 ‘‘(2) search the website for all competitive 

4 grants by purpose, funding agency, program source, 

5 and other relevant criteria; 

6 ‘‘(3) apply for a competitive grant using the 

7 website; 

8 ‘‘(4) manage, track, and report on the use of 

9 competitive grants using the website; and 

10 ‘‘(5) provide all required certifications and as11 surances for a competitive grant using the website. 

12 ‘‘(d) GRANT AWARD INFORMATION.— 

13 ‘‘(1) IN GENERAL.—For each competitive grant 

14 awarded by an Executive agency, the agency shall 

15 post on the grants website maintained under this 

16 section the information described in paragraph (2). 

17 Except as provided in paragraphs (2)(B) and (3), 

18 the information shall be posted within 15 days after 

19 an Executive agency notifies an applicant that the 

20 applicant has been selected to receive a grant award 

21 and shall be updated as necessary while the grant to 

22 the recipient is being performed. 

23 ‘‘(2) INFORMATION POSTED.—For purposes of 

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1 tion with respect to each grant awarded by an Exec2 utive agency is the following: 

3 ‘‘(A) EXECUTED GRANT AGREEMENT.—A 

4 copy of the final grant agreement, including the 

5 terms and conditions and the time period for 

6 performance of the grant. 

7 ‘‘(B) COPY OF PROPOSAL, APPLICATION, 

8 OR PLAN.—Subject to paragraph (3), a copy of 

9 any proposal, application, or plan submitted for 

10 the awarded grant, including any amendment to 

11 the proposal, application, or plan (whether 

12 made before or after the award of the grant). 

13 ‘‘(C) AWARD DECISION DOCUMENTATION

14 AND RANKINGS.—Documentation explaining the 

15 basis for the selection decision for the grant, 

16 the number of proposals received for the grant, 

17 and, with respect to the proposal that resulted 

18 in the grant award, the numerical ranking of 

19 the proposal by grant reviewers, if numerical 

20 rankings were assigned. 

21 ‘‘(D) JUSTIFICATION FOR DEVIATING

22 FROM RANKINGS.—In any case in which the 

23 award of the grant is not consistent with the 

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1 tification explaining the rationale for the deci2 sion not to follow the rankings or recommenda3 tions. 

4 ‘‘(E) DISCLOSURE OF PEER REVIEWERS.— 

5 The name, title, and employer of each indi6 vidual who served as a peer reviewer for the 

7 grant program concerned, during the six-month 

8 period preceding the award of the grant. 

9 ‘‘(F) DISCLOSURE OF OTHER GRANT RE10 VIEWERS.—The name, title, and employer of 

11 each individual who served as a reviewer (other 

12 than a peer reviewer) of proposals or applica13 tions for the grant, regardless of whether the 

14 individual is employed by the Federal govern15 ment or not. 

16 ‘‘(3) EXCEPTION TO POSTING REQUIREMENT.— 

17 Notwithstanding paragraphs (1) and (2)(B), if the 

18 head of the agency determines, with respect to a 

19 particular grant award, that posting the proposal, 

20 application, or plan at the time described in para21 graph (1) would adversely affect an applicant, the 

22 agency— 

23 ‘‘(A) may post a proposal abstract or exec24 utive summary; and 


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1 ‘‘(B) shall post the complete proposal, ap2 plication, or plan by a date to be determined by 

3 the head of the agency, in consultation with the 

4 applicant, but not later than three years after 

5 the date of the grant award. 

6 ‘‘(e) GRANT PERFORMANCE INFORMATION.—Unless 

7 otherwise prohibited by law, with respect to each grant 

8 awarded by an Executive agency, within 60 days after the 

9 end of the period for completion of the grant, the agency 

10 shall post on the grants website maintained under this sec11 tion the following information: 

12 ‘‘(1) The final report or other final written 

13 product required under the terms of the grant. 

14 ‘‘(2) Other related data or results of the grant 

15 that the agency considers to be of value to future re16 searchers or in the public interest. 

17 ‘‘(f) SUBMISSION AND PUBLICATION OF GRANT SO18 LICITATION FORECAST ON THE GRANTS WEBSITE.— 

19 ‘‘(1) REQUIREMENT.—Not later than November 

20 30 of each year, the head of each Executive agency 

21 shall post a forecast, in accordance with paragraph 

22 (2), of all grant solicitations that the agency expects 

23 to issue for the following calendar year. The forecast 

24 shall be based on the best information available and 

25 shall not be binding on the agency. 


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1 ‘‘(2) MATTERS INCLUDED.—The forecast shall 

2 include, to the extent practicable, the following for 

3 each expected grant solicitation: 

4 ‘‘(A) SUBJECT AND PURPOSE.—A brief de5 scription of the subject and purpose of the 

6 grant, organized by the organizational unit of 

7 the agency. 

8 ‘‘(B) POINT OF CONTACT.—Contact infor9 mation for the organizational unit or individual 

10 responsible for the grant, if known, including 

11 name, telephone number, and electronic mail 

12 address. 

13 ‘‘(C) NOTICE PUBLICATION DATE.—The 

14 expected or actual dates for the issuance of the 

15 grant solicitation and application and the grant 

16 application submission deadline. 

17 ‘‘(D) AWARD AMOUNT.—The estimated 

18 amount of the average grant award, the esti19 mated maximum and minimum amounts of the 

20 grant award, if applicable, and the estimated 

21 total number of grant awards to be made. 

22 ‘‘(g) PUBLICATION OF INFORMATION.—Nothing in 

23 this section shall be construed as requiring the publication 

24 of information otherwise exempt under section 552 of title 


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1 5, United States Code (popularly referred to as the ‘Free2 dom of Information Act’). 

3 ‘‘(h) TRANSPARENCY OF INFORMATION.—To the ex4 tent practicable, the grants website maintained under this 

5 section shall— 

6 ‘‘(1) make the information described in this sec7 tion available in its original format; 

8 ‘‘(2) make the information described in this sec9 tion available without charge, license, or registration 

10 requirement; 

11 ‘‘(3) permit the information described in this 

12 section to be searched and aggregated; 

13 ‘‘(4) permit the information described in this 

14 section to be downloaded in bulk; 

15 ‘‘(5) permit the information described in this 

16 section to be disseminated via automatic electronic 

17 means; 

18 ‘‘(6) permit the information described in this 

19 section to be freely shared by the public, such as by 

20 social media; 

21 ‘‘(7) use permanent uniform resource locators 

22 for the information described in this section; and 

23 ‘‘(8) provide an opportunity for the public to 

24 provide input about the usefulness of the site and 

25 recommendations for improvements. 


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1 ‘‘§ 7405. Debriefing 

2 ‘‘If requested by an applicant for a competitive grant, 

3 for each grant award made in an amount in excess of 

4 $100,000 pursuant to a merit-based selection procedure, 

5 an Executive agency shall provide the applicant with a 

6 timely debriefing explaining the basis for the agency’s 

7 award decision, including, if applicable, the decision not 

8 to award a grant to the applicant.’’. 

9 (2) CLERICAL AMENDMENT.—The table of 

10 chapters at the beginning of subtitle V of title 31, 

11 United States Code, is amended by inserting after 

12 the item relating to chapter 73 the following new 

13 item: 

‘‘74. Grant Transparency Requirements ................................... 7401’’. 

14 (b) GUIDANCE FOR MERIT-BASED SELECTION PRO15 CEDURES FOR GRANT PROGRAMS.—Not later than 60 

16 days after the date of the enactment of this Act, the Direc17 tor of the Office of Management and Budget shall issue 

18 and disseminate guidance to aid Executive agencies in es19 tablishing merit-based selection procedures for agency 

20 grant programs, as required by section 7402(c) of title 31, 

21 United States Code, as added by subsection (a). 

22 (c) DEADLINE FOR MERIT-BASED SELECTION PRO23 CEDURES FOR GRANT PROGRAMS.—Not later than 180 

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1 ecutive agency shall carry out the requirement of section 

2 7402(c) of such title, as so added. 

3 (d) REPORT ON MERIT-BASED SELECTION PROCE4 DURES FOR GRANT PROGRAMS.—Not later than one year 

5 after the date of the enactment of this Act, the Comp6 troller General of the United States shall submit to the 

7 Committee on Oversight and Government Reform of the 

8 House of Representatives and the Committee on Home9 land Security and Governmental Affairs of the Senate a 

10 report on the guidance issued by the Director of the Office 

11 of Management and Budget under subsection (b) and the 

12 actions taken by Executive agencies to establish merit13 based selection procedures under subsection (c). 

14 SEC. 4. REPORT REQUIREMENTS RELATING TO GRANTS. 

15 (a) UNDISBURSED GRANT FUNDING REPORT.— 

16 (1) GUIDANCE.—Not later than 90 days after 

17 the date of the enactment of this Act, the Director 

18 of the Office of Management and Budget shall issue 

19 guidance to Executive agencies instructing each 

20 agency to identify amounts of undisbursed grant 

21 funding remaining in grant accounts for which the 

22 period of availability to the grantee has expired and 

23 report to the Office of Management and Budget on 

24 the status and resolution of such funding. 


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1 (2) REPORT REQUIREMENT.—Not later than 

2 180 days after the date of the enactment of this Act, 

3 the Director shall submit to the Committee on Over4 sight and Government Reform of the House of Rep5 resentatives and the Committee on Homeland Secu6 rity and Governmental Affairs of the Senate a report 

7 summarizing the information reported by Executive 

8 agencies under subsection (a) and describing the ac9 tions the Director or Executive agencies plan to take 

10 with respect to the undisbursed grant funding iden11 tified in the information so reported. 

12 (b) GRANTS WORKFORCE REPORT.— 

13 (1) REPORT REQUIREMENT.—Not later than 

14 180 days after the date of the enactment of this Act, 

15 the Comptroller General of the United States shall 

16 submit to the Committee on Oversight and Govern17 ment Reform of the House of Representatives and 

18 the Committee on Homeland Security and Govern19 mental Affairs of the Senate a report on the Federal 

20 grants workforce. 

21 (2) CONTENTS OF REPORT.—The report re22 quired under subsection (a) shall address— 

23 (A) the size of the Federal grants work24 force and expected trends in Federal employ25 ment; 


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1 (B) adequacy of training opportunities for 

2 the Federal grants workforce; 

3 (C) whether the Federal Acquisition Insti4 tute or any other existing entity engaged in ac5 quisition workforce training should be made 

6 available for grant training; 

7 (D) whether a warrant system similar to 

8 that used in the Federal acquisition system 

9 should be established for Federal officials au10 thorized to award grants; 

11 (E) the use by executive agencies of sus12 pension and debarment actions taken against 

13 grantees during the three-year period preceding 

14 the date of submission of the report, and the 

15 level of agency resources assigned to the sus16 pension and debarment functions; and 

17 (F) any recommendations for improving 

18 the Federal grants workforce. 

19 (c) DEFINITIONS.—In this section: 

20 (1) EXECUTIVE AGENCY.—The term ‘‘Executive 

21 agency’’ has the meaning provided by section 105 of 

22 title 5, United States Code, except the term does not 

23 include the Government Accountability Office. 

24 (2) FEDERAL GRANTS WORKFORCE DEFINED.— 

25 The term ‘‘Federal grants workforce’’, with respect 


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1 to an Executive agency, means all employees of the 

2 agency who spend some or all of their time engaged 

3 in— 

4 (A) grant planning; 

5 (B) preparing grant solicitations, Notices 

6 of Funding Availability, or other requests for 

7 grant proposals; 

8 (C) evaluating or reviewing grant applica9 tions, including serving on a peer review board; 

10 or 

11 (D) monitoring or administering grant per12 formance by grantees. 

13 SEC. 5. PLAN FOR IMPROVING THE SINGLE AUDIT PROC14 ESS. 

15 (a) PLAN FOR IMPROVING THE SINGLE AUDIT PROC16 ESS.—Not later than 180 days after the date of the enact17 ment of this Act, the Director of the Office of Manage18 ment and Budget shall submit to the Committee on Over19 sight and Government Reform of the House of Represent20 atives and the Committee on Homeland Security and Gov21 ernmental Affairs of the Senate a plan on improving the 

22 single audit process required under chapter 75 of title 31, 

23 United States Code, that includes each of the following 

24 elements: 


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1 (1) A centralized Federal Government oversight 

2 structure for the single audit process to monitor 

3 Federal agency implementation of single audit re4 quirements under chapter 75 of title 31, United 

5 States Code. 

6 (2) Simplified alternative single audit require7 ments for non-Federal entities with expenditures for 

8 smaller Federal awards. 

9 (3) A proposal to shorten the single audit cycle, 

10 including the time periods for completing the audit 

11 and for Executive agency resolution of the audit. 

12 (4) An identification of any necessary legislative 

13 changes to implement any proposal under the plan. 

14 (5) A description of key milestones for imple15 mentation and necessary steps to complete imple16 mentation. 

17 (b) REPORT.—Not later than 180 days after the plan 

18 is submitted under subsection (a), the Director of the Of19 fice of Management and Budget shall submit to the Com20 mittee on Oversight and Government Reform of the House 

21 of Representatives and the Committee on Homeland Secu22 rity and Governmental Affairs of the Senate a report on 

23 the implementation of each element of the plan. 

24 (c) DEFINITIONS.—In this section: 


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1 (1) EXECUTIVE AGENCY.—The term ‘‘Executive 

2 agency’’ has the meaning provided by section 105 of 

3 title 5, United States Code, except the term does not 

4 include the Government Accountability Office. 

5 (2) NON-FEDERAL ENTITY.—The term ‘‘non6 Federal entity’’ has the meaning given that term 

7 under section 7501 of title 31, United States Code. 

8 (3) SINGLE AUDIT.—The term ‘‘single audit’’ 

9 has the meaning provided by section 7501(a)(18) of 

10 title 31, United States Code. 

11 (4) SMALLER FEDERAL AWARD.—The term 

12 ‘‘smaller Federal award’’ means a Federal award of 

13 less than $1,000,000 or such other amount specified 

14 by the Director of the Office of Management and 

15 Budget. 

Æ 


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