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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5934 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 5934

    To improve the effectiveness and performance of certain Federal 
         financial assistance programs, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 12, 2023

   Ms. Perez (for herself and Ms. Foxx) introduced the following bill

                            October 25, 2023

       Referred to the Committee on Oversight and Accountability

_______________________________________________________________________

                                 A BILL

 
    To improve the effectiveness and performance of certain Federal 
         financial assistance programs, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Streamlining Federal Grants Act of 
2023''.

SEC. 2. PURPOSE.

    The purposes of this Act are to--
            (1) improve the effectiveness and performance of Federal 
        grant and cooperative agreement programs;
            (2) simplify the application and reporting requirements of 
        Federal grant and cooperative agreement programs;
            (3) improve the delivery of services to the public, 
        particularly services to communities and organizations that 
        historically have not received Federal grants or cooperative 
        agreements; and
            (4) facilitate greater coordination among agencies that 
        award Federal grants and non-Federal entities responsible for 
        delivering services to the public.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 551 of title 5, United States Code.
            (2) Agency co-chair.--The term ``agency co-chair'' means 
        the agency designated by the Director or the Council under 
        section 5(e)(1).
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Oversight and Accountability 
                of the House of Representatives.
            (4) Consultation with non-federal entities.--The term 
        ``consultation with non-Federal entities'' means regular and 
        ongoing engagement with--
                    (A) recipients and potential recipients of grants 
                or cooperative agreements and entities that represent 
                those recipients and potential recipients; and
                    (B) particular attention to the recipients and 
                potential recipients described in subparagraph (A) that 
                have not historically received grants or cooperative 
                agreements.
            (5) Cooperative agreement.--The term ``cooperative 
        agreement'' has the meaning given the term in section 6302 of 
        title 31, United States Code.
            (6) Council.--The term ``Council'' means the Grants Council 
        established under section 5(a).
            (7) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (8) Federal financial assistance.--The term ``Federal 
        financial assistance'' has the meaning given the term in 
        section 7501 of title 31, United States Code.
            (9) Grant.--The term ``grant'' has the meaning given the 
        term ``grant agreement'' in section 6302 of title 31, United 
        States Code.
            (10) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (11) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (12) Local government.--The term ``local government'' means 
        any unit of government within a State, including--
                    (A) a county;
                    (B) a borough;
                    (C) a municipality;
                    (D) a city;
                    (E) a town;
                    (F) a township;
                    (G) a parish;
                    (H) a local public authority, including any public 
                housing agency (as defined in section 3(b) of the 
                United States Housing Act of 1937 (42 U.S.C. 1437(b)));
                    (I) a special district;
                    (J) a school district;
                    (K) an intrastate district;
                    (L) a council of governments, whether or not 
                incorporated as a nonprofit corporation under State 
                law; and
                    (M) any other agency or instrumentality of a multi-
                State, regional, or intra-State or local government.
            (13) Non-federal entity.--The term ``non-Federal entity'' 
        means a State, local government, Indian Tribe, institution of 
        higher education, or nonprofit organization.
            (14) Nonprofit organization.--The term ``nonprofit 
        organization''--
                    (A) means any corporation, trust, association, 
                cooperative, or other organization that--
                            (i) is operated primarily for scientific, 
                        educational, service, charitable, or similar 
                        purposes in the public interest;
                            (ii) is not organized primarily for profit;
                            (iii) uses net proceeds to maintain, 
                        improve, or expand the operations of the 
                        organization; and
                            (iv) is not an institution of higher 
                        education; and
                    (B) includes faith-based and community-based 
                organizations.
            (15) Senior agency official for grants.--The term ``senior 
        agency official for grants'' means an agency official 
        designated under section 4(a).
            (16) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, the Trust 
        Territory of the Pacific Islands, any instrumentality thereof, 
        and any multi-State, regional, or interstate entity that has 
        governmental functions.

SEC. 4. SENIOR AGENCY OFFICIALS FOR GRANTS.

    (a) Senior Agency Official for Grants.--Not later than 60 days 
after the date of enactment of this Act, the head of each agency 
shall--
            (1) designate a senior official of the agency to be 
        responsible for--
                    (A) agency-wide grant and cooperative agreement 
                policy, management, strategic planning, and 
                implementation; and
                    (B) the responsibilities of the agency under this 
                Act; and
            (2) notify the Director of the designation under paragraph 
        (1).
    (b) List.--The Director shall--
            (1) maintain a list of senior agency officials for grants; 
        and
            (2) not later than 90 days after the date of enactment of 
        this Act, make the list maintained under paragraph (1) 
        available to the public on the website of the Office of 
        Management and Budget.

SEC. 5. GRANTS COUNCIL.

    (a) In General.--Not later than 80 days after the date of enactment 
of this Act, the Director shall establish a council to be known as the 
Grants Council.
    (b) Membership.--The Council shall be composed of--
            (1) the Controller of the Office of Federal Financial 
        Management of the Office of Management and Budget, who shall 
        act as the Chair of the Council;
            (2) with respect to each agency that distributes grants or 
        enters into cooperative agreements, the senior agency official 
        for grants of the agency; and
            (3) other relevant agency officials, as determined 
        necessary by the Chair.
    (c) Administrative Support.--The Administrator of General Services 
shall provide administrative support for the Council.
    (d) Solicitation of Feedback.--The Director shall--
            (1) consistently and regularly solicit input and collect 
        feedback and user experience information with respect to the 
        application, administration, and reporting of grants and 
        cooperative agreements, including from non-Federal entities; 
        and
            (2) incorporate the information collected under paragraph 
        (1) into the work of the Council.
    (e) Implementation Assistance.--
            (1) Agency co-chair.--
                    (A) In general.--The Director shall designate an 
                agency with representation on the Council to serve as 
                the agency co-chair to assist the Director in carrying 
                out the responsibilities under this section.
                    (B) Term.--The term of service of the agency co-
                chair shall be 2 years.
                    (C) Renewal.--At the discretion of the Council, an 
                agency may serve as the agency co-chair for not more 
                than 2 consecutive terms.
                    (D) Successor.--Upon the expiration of a term of 
                service of an agency co-chair, the members of the 
                Council shall designate a successor agency co-chair.
            (2) Interagency working groups.--The Director may use 
        interagency working groups to assist in carrying out the 
        responsibilities under this section.
    (f) Interagency Duties.--The Director, in consultation with the 
Council, shall direct, coordinate, and assist agencies in--
            (1) designing and implementing common data standards under 
        chapter 64 of title 31, United States Code;
            (2) creating guidelines for simplified notice of funding 
        opportunities that improve the user experience for grants and 
        cooperative agreements;
            (3) improving interagency and intergovernmental 
        coordination of information collection and data sharing 
        relating to grant and cooperative agreement programs, including 
        for the purpose of performance management and program 
        evaluation;
            (4) improving the timeliness, completeness, and quality of 
        information received by agencies from recipients of grants and 
        cooperative agreements;
            (5) improving the performance of grants and cooperative 
        agreements;
            (6) ensuring the consistent application and interpretation 
        of Governmentwide Federal financial assistance policy, 
        oversight, and management;
            (7) supporting the development of the Federal financial 
        assistance workforce;
            (8) establishing policies and guidelines to prohibit 
        conflicts of interest by officials involved in determining 
        grant awards and grant recipients; and
            (9) identifying and improving other procedures and policies 
        relating to the application, administration, and reporting of 
        grants and cooperative agreements, as identified by the 
        Council.
    (g) Report on Improvements.--Not later than 1 year after the date 
of enactment of this Act, and every 2 years thereafter until the date 
that is 15 years after the date of enactment of this Act, the Director, 
in consultation with the Council, shall submit to the appropriate 
congressional committees a report relating to the implementation of 
this Act.
    (h) Report on Recommended Changes in Law and Regulations.--Not 
later than 4 years after the date of enactment of this Act, the 
Director, in consultation with the Council, shall submit to the 
appropriate congressional committees a report containing 
recommendations for changes in law and regulations to improve the 
effectiveness, performance, and coordination of grant and cooperative 
agreement programs.

SEC. 6. AGENCY GRANT IMPROVEMENT PLANS.

    (a) Agency Guidance.--Not later than 270 days after the date of 
enactment of this Act, the Director, in consultation with the Council, 
shall issue guidance for the development of agency plans to--
            (1) streamline and simplify the application, 
        administrative, and reporting procedures for each grant and 
        cooperative agreement program administered by the agency;
            (2) simplify and improve user experience with respect to 
        notices of funding opportunity, including by implementing--
                    (A) the use of plain language;
                    (B) the listing of the availability of, and contact 
                information for, training and assistance relating to 
                applying for, administering, and reporting on grants 
                and cooperative agreements; and
                    (C) the inclusion of a summary of the funding 
                opportunity of not more than 500 words;
            (3) demonstrate active participation by the agency in the 
        Council;
            (4) demonstrate appropriate coordination with the Grants 
        Quality Service Management Office, or any successor 
        organization, with respect to the adoption by the agency, or 
        plans for adoption by the agency, of grant management solutions 
        or services that meet usability and modernization standards 
        established by the Director;
            (5) ensure potential applicants for grant and cooperative 
        agreement programs have opportunities to receive training and 
        assistance;
            (6) improve the abilities of recipients of grants and 
        cooperative agreements to provide timely, complete, and high-
        quality information in response to Federal reporting 
        requirements;
            (7) ensure that individuals with limited English 
        proficiency can meaningfully access information relating to 
        grants and cooperative agreements consistent with, and without 
        unduly burdening, the mission of the agency;
            (8) improve the abilities of recipients of grants and 
        cooperative agreements to provide meaningful access to 
        applicants and beneficiaries of the grants and cooperative 
        agreements who are individuals with limited English 
        proficiency; and
            (9) establish specific annual goals and objectives to 
        further the purposes of this Act and measure annual performance 
        in achieving those goals and objectives.
    (b) Review of Plans and Reports.--Upon request by the Director, the 
head of each agency shall submit to the Director information and 
reporting relating to the implementation of this Act by the agency.
    (c) Exemptions.--
            (1) In general.--The Director may exempt an agency, a 
        component of an agency, or a particular grant or cooperative 
        agreement program of an agency from the requirements of this 
        Act if the Director determines that the agency does not 
        administer a significant number of grant and cooperative 
        agreement programs.
            (2) List of exempted agencies.--The Director shall--
                    (A) maintain a list of agencies, components of 
                agencies, and grant and cooperative agreement programs 
                exempted under paragraph (1); and
                    (B) make the list maintained under subparagraph (A) 
                available to the public on the website of the Office of 
                Management and Budget.
    (d) Agency Plans.--Subject to subsection (e), not later than the 
earlier of 1 year after the date on which the Director issues guidance 
under subsection (a) and 635 days after the date of enactment of this 
Act, the head of each agency shall develop, implement, and submit to 
the Director and the appropriate congressional committees a plan in 
response to the guidance.
    (e) Extension.--If the head of an agency is unable to comply with 
the deadline established under subsection (d) to develop and implement 
a plan, the Director may extend the period during which the agency may 
develop and implement the plan by not more than 1 year.
    (f) Comment and Consultation on Agency Plans.--
            (1) Comment.--
                    (A) In general.--The head of each agency shall 
                publish the plan developed in accordance with the 
                guidance issued under subsection (a) in the Federal 
                Register.
                    (B) Public comment.--With respect to a plan 
                published in the Federal Register by the head of an 
                agency in accordance with subparagraph (A)--
                            (i) the head of the agency shall review 
                        public comments on the plan submitted through 
                        the Federal Register and by other means; and
                            (ii) to the maximum extent practicable, the 
                        head of the agency shall hold a public forum on 
                        the plan.
            (2) Consultation.--The senior agency official for grants of 
        each agency shall participate in consultation with non-Federal 
        entities during the development and implementation of the plan 
        developed in accordance with the guidance issued under 
        subsection (a).
    (g) Annual Report.--
            (1) In general.--Not later than 1 year after the date of 
        the submission of the plan of an agency under subsection (d), 
        and annually thereafter, the senior agency official for grants 
        of the agency or the head of the agency, as applicable, shall 
        submit to the Director and the appropriate congressional 
        committees a report on--
                    (A) the implementation of the plan; and
                    (B) the performance of the agency in meeting the 
                goals and objectives described in subsection (a)(9).
            (2) Inclusion in other reports.--Effective on the date on 
        which the head of an agency submits a plan under subsection 
        (d), the head of the agency shall update and include the goals 
        and objectives described in subsection (a)(9) in each 
        performance plan of the agency required under section 1115 of 
        title 31, United States Code.

SEC. 7. GRANTS.GOV.

    (a) Report.--Not later than 1 year after the date of enactment of 
this Act, the Director, in coordination with the Secretary of Health 
and Human Services, shall submit to the appropriate congressional 
committees a report that--
            (1) contains findings from a study on the accessibility and 
        user experience of Grants.gov, or any successor website; and
            (2) provides recommendations based on the findings 
        described in paragraph (1) to improve the access to the 
        function of Grants.gov, or any successor website.
    (b) Improvements.--Not later than 3 years after the date of 
enactment of this Act, the Director, in coordination with the Secretary 
of Health and Human Services, shall implement the recommendations 
described in subsection (a)(2).

SEC. 8. ANALYSIS OF ACCESS TO FEDERAL GRANTS.

    Not later than 2 years after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to the 
appropriate congressional committees a report that--
            (1) identifies challenges experienced by non-Federal 
        entities, including by faith-based and community-based 
        organizations, rural communities, and small communities, in 
        applying for, accessing, administering, and reporting on grants 
        and cooperative agreements;
            (2) identifies the reasons that the entities described in 
        paragraph (1) elect not to participate in grants and 
        cooperative agreements;
            (3) includes options to improve access to grants and 
        cooperative agreements for the entities described in paragraph 
        (1);
            (4) analyzes the extent to which agencies that award grants 
        collect information on the number and characteristics, 
        including the geographic distribution, of applicants for 
        competitive grants and cooperative agreements; and
            (5) if the information described in paragraph (4) is 
        available, analyzes the information.

SEC. 9. EVALUATION.

    (a) In General.--Not later than 5 years after the date of enactment 
of this Act, the Comptroller General of the United States, in 
consultation with non-Federal entities, shall submit to the appropriate 
congressional committees an evaluation of the effectiveness of this 
Act.
    (b) Contents.--The evaluation under subsection (a) shall--
            (1) assess the implementation of this Act and the extent to 
        which the implementation meets the purposes of this Act;
            (2) make specific recommendations to further the 
        implementation of this Act;
            (3) evaluate the actual performance of each agency in 
        achieving the goals and objectives stated in the plan of the 
        agency developed in accordance with the guidance issued under 
        section 6(a); and
            (4) assess the level of coordination among the Director and 
        non-Federal entities in implementing this Act.
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