IB 
Union Calendar No. 339 
112TH CONGRESS 
2D SESSION 
H. R. 3433 
[Report No. 112–484] 
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 Com-
mittee on Oversight and Government Reform 
MAY 16, 2012 
Additional sponsor: Mr. SCOTT of South Carolina 
MAY 16, 2012 
Reported with amendments, committed to the Committee of the Whole House 
on the State of the Union, and ordered to be printed 
[Omit the part struck through and insert the part printed in italic] 
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A BILL 
To amend title 31, United States Code, to provide trans-
parency and require certain standards in the award of 
Federal grants, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Grant Reform and 
New Transparency Act of 2011’’ or the ‘‘GRANT Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Grants transparency requirements. 
Sec. 4. Report requirements relating to grants. 
Sec. 5. Plan for improving the single audit process. 
SEC. 3. GRANTS TRANSPARENCY REQUIREMENTS. 
(a) GRANTS TRANSPARENCY REQUIREMENTS.— 
(1) IN
GENERAL.—Subtitle V of title 31, 
United States Code, is amended by inserting after 
chapter 73 the following new chapter: 
‘‘CHAPTER 74—GRANTS TRANSPARENCY 
REQUIREMENTS 
‘‘Sec. 
‘‘7401. Definitions. 
‘‘7402. Competition requirements in awarding grants. 
‘‘7402. Merit-based selection procedure requirements in awarding grants. 
‘‘7403. Pre-award evaluation requirements. 
‘‘7404. Website relating to Federal grants. 
‘‘7405. Debriefing. 
‘‘§ 7401. Definitions 
‘‘In this chapter: 
‘‘(1) GRANT.—The term ‘grant’ means an 
award of Federal financial assistance through a 
grant agreement or cooperative agreement making 
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payment in cash or in kind to a recipient to carry 
out a public purpose authorized by law. 
‘‘(2) COMPETITIVE
GRANT.—The term ‘com-
petitive 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 agency. 
‘‘(3) EXECUTIVE AGENCY.—The term ‘Execu-
tive agency’ has the meaning provided by section 
105 of title 5, except the term does not include the 
Government Accountability Office. 
‘‘(4) BOARD.—The term ‘Board’ means the Re-
covery Accountability and Transparency Board or 
any successor entity. 
‘‘(5) PROPOSAL
ABSTRACT.—The term ‘pro-
posal abstract’, with respect to a grant proposal, 
means a summary containing key elements of the 
grant proposal. 
‘‘(6) GRANT REVIEWER.—The term ‘grant re-
viewer’, with respect to a grant— 
‘‘(A) means any individual who reviews, 
evaluates, or participates in the decision to se-
lect a grant applicant for award of the grant; 
and 
‘‘(B) includes— 
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‘‘(i) a peer reviewer; 
‘‘(ii) a merit reviewer; and 
‘‘(iii) a member of a technical evalua-
tion panel or board or a special emphasis 
panel. 
‘‘§ 7402. Merit-based selection procedure require-
ments in awarding grants 
‘‘(a) MERIT-BASED SELECTION PROCEDURES RE-
QUIRED.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), an Executive agency shall use merit-based 
selection procedures in awarding grants. 
‘‘(2) 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 regula-
tion, or any other grant in which the allocation 
methodology for the grant funds is mandated by law. 
‘‘(b) REQUIREMENT
FOR SPECIFIC MERIT-BASED 
SELECTION PROCEDURES.—Each Executive agency shall 
establish and make publicly available specific merit-based 
selection procedures for each grant program of the agency 
required under subsection (a) to use such procedures. 
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‘‘(c) MERIT-BASED SELECTION PROCEDURES DE-
SCRIBED.— 
‘‘(1) IN GENERAL.—The merit-based selection 
procedures required under subsection (a) shall pro-
mote the use of competition, and may be tailored to 
the particular requirements, objectives, and authori-
ties of the agency. The procedures may address mat-
ters such as consideration of unsolicited proposals, 
standards for obtaining a competitive pool of appli-
cants, and exceptions for safety, security, or other 
circumstances. 
‘‘(2) 
SPECIFIC
MATTERS
INCLUDED.—The 
merit-based selection procedures required under sub-
section (a) shall include, with respect to a grant, the 
following: 
‘‘(A) Advance notification of the grant op-
portunity. 
‘‘(B) A clear statement of the purpose, du-
ration (including anticipated grant continu-
ations), and eligibility requirements of the 
grant. 
‘‘(C) A description of the manner in which 
applications or proposals for the grant will be 
evaluated, ranked, and selected for award, in-
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cluding the weighting of any evaluation factors 
or criteria that will be considered. 
‘‘§ 7403. Pre-award evaluation requirements 
‘‘(a) EVALUATION REQUIRED.—Before awarding a 
competitive grant, an Executive agency shall conduct an 
evaluation of the ability of the prospective grantee to suc-
cessfully carry out the grant. 
‘‘(b) MATTERS COVERED.—The evaluation required 
by subsection (a) shall include a review of the following: 
‘‘(1) FINANCIAL MANAGEMENT SYSTEM.—The 
capability of the financial management system of the 
applicant to account for funds. 
‘‘(2) INTERNAL
CONTROLS.—The internal fi-
nancial and administrative control systems of the 
applicant. 
‘‘(3) COMPLIANCE WITH REPORTING.—The ca-
pability of the applicant to comply with Federal re-
porting requirements for recipients of Federal funds. 
‘‘(4) PAST
PERFORMANCE
AND
INTEGRITY.— 
The past performance and record of integrity of the 
applicant. 
‘‘(5) 
OTHER
QUALIFICATIONS
AND
COM-
PETENCE.—The ability of the applicant to success-
fully carry out the purposes of the grant. 
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‘‘(c) SIMPLIFIED
EVALUATION
PROCEDURE
FOR 
CERTAIN APPLICANTS.—In conducting the evaluation re-
quired under subsection (a) with respect to an applicant, 
an Executive agency shall minimize the burden on any ap-
plicant that has previously received a significant volume 
of Federal grants, and shall consider any existing findings 
with respect to that applicant under the single audit proc-
ess under chapter 75 of title 31 related to the matters 
in subsection (b). 
‘‘§ 7404. Website relating to Federal grants 
‘‘(a) REQUIREMENT.—The Director of the Office of 
Management and Budget shall upgrade any existing or 
proposed public website for finding Federal grant opportu-
nities 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 grants. The 
website shall capture in one site, or provide electronic links 
to, other relevant databases. 
‘‘(b) 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 grant, the agency shall post on 
the grants website maintained under this section relevant 
information about the grant opportunity, including the fol-
lowing: 
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‘‘(1) ANNOUNCEMENT
AND
PURPOSE.—The 
grant announcement and purpose of the grant. 
‘‘(2) GRANT PERIOD.—The time period for per-
formance of the grant and whether the agency an-
ticipates that the grant will be continued. 
‘‘(3) AMOUNT
OF
AVAILABLE
FUNDS.—The 
amount of funds available for the grant. 
‘‘(4) ELIGIBILITY.—A statement of eligibility 
requirements of the grant. 
‘‘(5) AGENCY POINT OF CONTACT.—Contact in-
formation for the Executive agency, including the 
name, telephone number, and electronic mail address 
of a specific person or persons responsible for an-
swering questions about the grant and the applica-
tion process for the grant. 
‘‘(6) 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 submitted, including 
the weight to be applied to each factor or criterion. 
‘‘(7) DISCLOSURE
OF
THE
PROCESS
AND 
STANDARDS
FOR
SAFEGUARDING
AGAINST
CON-
FLICTS.—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 
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interest, as defined by applicable statute or regula-
tion, with respect to the evaluation or review of a 
grant application or proposal, or the decision to 
award a grant. 
‘‘(8) DEADLINE.—The deadline for submission 
of grant applications or proposals. 
‘‘(c) USE
BY APPLICANTS.—The grants website 
maintained under this section shall, to the greatest extent 
practicable, allow grant applicants to— 
‘‘(1) use the website with any computer plat-
form; 
‘‘(2) search the website for all competitive 
grants by purpose, funding agency, program source, 
and other relevant criteria; 
‘‘(3) apply for a competitive grant using the 
website; 
‘‘(4) manage, track, and report on the use of 
competitive grants using the website; and 
‘‘(5) provide all required certifications and as-
surances for a competitive grant using the website. 
‘‘(d) GRANT AWARD INFORMATION.— 
‘‘(1) IN GENERAL.—For each competitive grant 
awarded by an Executive agency, the agency shall 
post on the grants website maintained under this 
section the information described in paragraph (2). 
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Except as provided in paragraphs (2)(B) and (3), 
the information shall be posted within 15 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 performed. 
‘‘(2) INFORMATION POSTED.—For purposes of 
paragraph (1), the information described in this sec-
tion with respect to each grant awarded by an Exec-
utive agency is the following: 
‘‘(A) EXECUTED GRANT AGREEMENT.—A 
copy of the final grant agreement, including the 
terms and conditions and the time period for 
performance of the grant. 
‘‘(B) COPY
OF
PROPOSAL, APPLICATION, 
OR PLAN.—Subject to paragraph (3), a copy of 
any proposal, application, or plan submitted for 
the awarded grant, including any amendment to 
the proposal, application, or plan (whether 
made before or after the award of the grant). 
‘‘(C) AWARD
DECISION
DOCUMENTATION 
AND RANKINGS.—Documentation explaining the 
basis for the selection decision for the grant, 
the number of proposals received for the grant, 
and, with respect to the proposal that resulted 
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in the grant award, the numerical ranking of 
the proposal by grant reviewers, if numerical 
rankings were assigned. 
‘‘(D) 
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 recommenda-
tions made by grant reviewers, a written jus-
tification explaining the rationale for the deci-
sion not to follow the rankings or recommenda-
tions. 
‘‘(E) DISCLOSURE OF PEER REVIEWERS.— 
The name, title, and employer employer, and ei-
ther the name and title or a unique identifier, of 
each individual who served as a peer reviewer 
for the grant program concerned, during the 
six-month period preceding the award of the 
grant. 
‘‘(F) DISCLOSURE OF OTHER GRANT RE-
VIEWERS.—The name, title, and employer of 
each individual who served as a reviewer (other 
than a peer reviewer) of proposals or applica-
tions for the grant, regardless of whether the 
individual is employed by the Federal govern-
ment or not. 
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‘‘(3) EXCEPTION TO POSTING REQUIREMENT.— 
Notwithstanding paragraphs (1) and (2)(B), if the 
head of the agency determines, with respect to a 
particular grant award, that posting the proposal, 
application, or plan at the time described in para-
graph (1) would adversely affect an applicant, the 
agency— 
‘‘(A) may post a proposal abstract or exec-
utive summary; and 
‘‘(B) shall post the complete proposal, ap-
plication, or plan by a date to be determined by 
the head of the agency, in consultation with the 
applicant, but not later than three years after 
the date of the grant award. 
‘‘(e) GRANT PERFORMANCE INFORMATION.—Unless 
otherwise prohibited by law, with respect to each grant 
awarded by an Executive agency, within 60 days after the 
end of the period for completion of the grant, the agency 
shall post on the grants website maintained under this sec-
tion the following information: 
‘‘(1) The final report or other final written 
product required under the terms of the grant. 
‘‘(2) Other related data or results of the grant 
that the agency considers to be of value to future re-
searchers or in the public interest. 
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‘‘(f) SUBMISSION AND PUBLICATION OF GRANT SO-
LICITATION FORECAST ON THE GRANTS WEBSITE.— 
‘‘(1) REQUIREMENT.—Not later than November 
30 of each year, the head of each Executive agency 
shall post a forecast, in accordance with paragraph 
(2), of all grant solicitations that the agency expects 
to issue for the following calendar year. The forecast 
shall be based on the best information available and 
shall not be binding on the agency. 
‘‘(2) MATTERS INCLUDED.—The forecast shall 
include, to the extent practicable, the following for 
each expected grant solicitation: 
‘‘(A) SUBJECT AND PURPOSE.—A brief de-
scription of the subject and purpose of the 
grant, organized by the organizational unit of 
the agency. 
‘‘(B) POINT OF CONTACT.—Contact infor-
mation for the organizational unit or individual 
responsible for the grant, if known, including 
name, telephone number, and electronic mail 
address. 
‘‘(C) NOTICE
PUBLICATION
DATE.—The 
expected or actual dates for the issuance of the 
grant solicitation and application and the grant 
application submission deadline. 
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‘‘(D) AWARD
AMOUNT.—The estimated 
amount of the average grant award, the esti-
mated maximum and minimum amounts of the 
grant award, if applicable, and the estimated 
total number of grant awards to be made. 
‘‘(g) PUBLICATION OF INFORMATION.—Nothing in 
this section shall be construed as requiring the publication 
of information otherwise exempt under section 552 of title 
5, United States Code (popularly referred to as the ‘Free-
dom of Information Act’). 
‘‘(h) TRANSPARENCY OF INFORMATION.—To the ex-
tent practicable, the grants website maintained under this 
section shall— 
‘‘(1) make the information described in this sec-
tion available in its original format; 
‘‘(2) make the information described in this sec-
tion available without charge, license, or registration 
requirement; 
‘‘(3) permit the information described in this 
section to be searched and aggregated; 
‘‘(4) permit the information described in this 
section to be downloaded in bulk; 
‘‘(5) permit the information described in this 
section to be disseminated via automatic electronic 
means; 
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‘‘(6) permit the information described in this 
section to be freely shared by the public, such as by 
social media; 
‘‘(7) use permanent uniform resource locators 
for the information described in this section; and 
‘‘(8) provide an opportunity for the public to 
provide input about the usefulness of the site and 
recommendations for improvements. 
‘‘§ 7405. Debriefing 
‘‘If requested by an applicant for a competitive grant, 
for each grant award made in an amount in excess of 
$100,000 pursuant to a merit-based selection procedure, 
an Executive agency shall provide the applicant with a 
timely debriefing explaining the basis for the agency’s 
award decision, including, if applicable, the decision not 
to award a grant to the applicant.’’. 
(2) CLERICAL
AMENDMENT.—The table of 
chapters at the beginning of subtitle V of title 31, 
United States Code, is amended by inserting after 
the item relating to chapter 73 the following new 
item: 
‘‘74. Grant Transparency Requirements ................................... 7401’’. 
(b) GUIDANCE FOR MERIT-BASED SELECTION PRO-
CEDURES FOR GRANT PROGRAMS.—Not later than 60 
days after the date of the enactment of this Act, the Direc-
tor of the Office of Management and Budget shall issue 
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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 funding. 
(2) REPORT
REQUIREMENT.—Not later than 
180 days after the date of the enactment of this Act, 
the Director shall submit to the Committee on Over-
sight and Government Reform of the House of Rep-
resentatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate a report 
summarizing the information reported by Executive 
agencies under subsection (a) and describing the ac-
tions the Director or Executive agencies plan to take 
with respect to the undisbursed grant funding iden-
tified in the information so reported. 
(b) GRANTS WORKFORCE REPORT.— 
(1) REPORT
REQUIREMENT.—Not later than 
180 days after the date of the enactment of this Act, 
the Comptroller General of the United States shall 
submit to the Committee on Oversight and Govern-
ment Reform of the House of Representatives and 
the Committee on Homeland Security and Govern-
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mental Affairs of the Senate a report on the Federal 
grants workforce. 
(2) CONTENTS
OF
REPORT.—The report re-
quired under subsection (a) shall address— 
(A) the size of the Federal grants work-
force and expected trends in Federal employ-
ment; 
(B) adequacy of training opportunities for 
the Federal grants workforce; 
(C) whether the Federal Acquisition Insti-
tute or any other existing entity engaged in ac-
quisition workforce training should be made 
available for grant training; 
(D) whether a warrant system similar to 
that used in the Federal acquisition system 
should be established for Federal officials au-
thorized to award grants; 
(E) the use by executive agencies of sus-
pension and debarment actions taken against 
grantees during the three-year period preceding 
the date of submission of the report, and the 
level of agency resources assigned to the sus-
pension and debarment functions; and 
(F) any recommendations for improving 
the Federal grants workforce. 
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(c) DEFINITIONS.—In this section: 
(1) EXECUTIVE AGENCY.—The term ‘‘Executive 
agency’’ has the meaning provided by section 105 of 
title 5, United States Code, except the term does not 
include the Government Accountability Office. 
(2) FEDERAL GRANTS WORKFORCE DEFINED.— 
The term ‘‘Federal grants workforce’’, with respect 
to an Executive agency, means all employees of the 
agency who spend some or all of their time engaged 
in— 
(A) grant planning; 
(B) preparing grant solicitations, Notices 
of Funding Availability, or other requests for 
grant proposals; 
(C) evaluating or reviewing grant applica-
tions, including serving on a peer review board; 
or 
(D) monitoring or administering grant per-
formance by grantees. 
SEC. 5. PLAN FOR IMPROVING THE SINGLE AUDIT PROC-
ESS. 
(a) PLAN FOR IMPROVING THE SINGLE AUDIT PROC-
ESS.—Not later than 180 days after the date of the enact-
ment of this Act, the Director of the Office of Manage-
ment and Budget shall submit to the Committee on Over-
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sight and Government Reform of the House of Represent-
atives and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate a plan on improving the 
single audit process required under chapter 75 of title 31, 
United States Code, that includes each of the following 
elements: 
(1) A centralized Federal Government oversight 
structure for the single audit process to monitor 
Federal agency implementation of single audit re-
quirements under chapter 75 of title 31, United 
States Code. 
(2) Simplified alternative single audit require-
ments for non-Federal entities with expenditures for 
smaller Federal awards. 
(3) A proposal to shorten the single audit cycle, 
including the time periods for completing the audit 
and for Executive agency resolution of the audit. 
(4) An identification of any necessary legislative 
changes to implement any proposal under the plan. 
(5) A description of key milestones for imple-
mentation and necessary steps to complete imple-
mentation. 
(b) REPORT.—Not later than 180 days after the plan 
is submitted under subsection (a), the Director of the Of-
fice of Management and Budget shall submit to the Com-
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mittee on Oversight and Government Reform of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate a report on 
the implementation of each element of the plan. 
(c) DEFINITIONS.—In this section: 
(1) EXECUTIVE AGENCY.—The term ‘‘Executive 
agency’’ has the meaning provided by section 105 of 
title 5, United States Code, except the term does not 
include the Government Accountability Office. 
(2) NON-FEDERAL
ENTITY.—The term ‘‘non- 
Federal entity’’ has the meaning given that term 
under section 7501 of title 31, United States Code. 
(3) SINGLE AUDIT.—The term ‘‘single audit’’ 
has the meaning provided by section 7501(a)(18) of 
title 31, United States Code. 
(4) SMALLER
FEDERAL
AWARD.—The term 
‘‘smaller Federal award’’ means a Federal award of 
less than $1,000,000 or such other amount specified 
by the Director of the Office of Management and 
Budget. 
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Union Calendar No. 339 
112TH CONGRESS 
2D SESSION 
H. R. 3433 
[Report No. 112–484] 
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 pur-
poses. 
MAY 16, 2012 
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed 
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