[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5536 Enrolled Bill (ENR)]
H.R.5536
One Hundred Eighteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty-four
An Act
To require transparency in notices of funding opportunity, 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 ``Grant Transparency Act of 2023''.
SEC. 2. NOTICES OF FUNDING OPPORTUNITY TRANSPARENCY.
(a) Definitions.--In this section:
(1) Agency.--The term ``agency''--
(A) has the meaning given the term ``Executive agency'' in
section 105 of title 5, United States Code; and
(B) does not include the Government Accountability Office.
(2) Competitive grant.--The term ``competitive grant'' means a
discretionary award (as defined in section 200.1 of title 2, Code
of Federal Regulations) awarded by an agency--
(A) through a grant agreement or cooperative agreement
under which the agency makes payment in cash or in kind to a
recipient to carry out a public purpose authorized by law; and
(B) the recipient of which is selected from a pool of
applicants through the use of merit-based selection procedures
for the purpose of allocating funds authorized under a grant
program of the agency.
(3) Evaluation or selection criteria.--The term ``evaluation or
selection criteria'' means standards or principles for judging,
evaluating, or selecting an application for a competitive grant.
(4) Notice of funding opportunity.--The term ``notice of
funding opportunity'' has the meaning given the term in section
200.1 of title 2, Code of Federal Regulations.
(5) Rating system.--The term ``rating system''--
(A) means a system of evaluation of competitive grant
applications to determine how such applications advance through
the selection process; and
(B) includes--
(i) a merit criteria rating rubric;
(ii) an evaluation of merit criteria;
(iii) a methodology to evaluate and rate based on a
point scale; and
(iv) an evaluation to determine whether a competitive
grant application meets evaluation or selection criteria.
(b) Transparency Requirements.--Each notice of funding opportunity
issued by an agency for a competitive grant shall include--
(1) a description of any rating system and evaluation and
selection criteria the agency uses to assess applications for the
competitive grant;
(2) a statement of whether the agency uses a weighted scoring
method and a description of any weighted scoring method the agency
uses for the competitive grant, including the amount by which the
agency weights each criterion; and
(3) any other qualitative or quantitative merit-based approach
the agency uses to evaluate an application for the competitive
grant.
(c) Applications; Data Elements.--
(1) In general.--The Director of the Office of Management and
Budget, in coordination with the Executive department designated
under section 6402(a)(1) of title 31, United States Code, shall
develop data elements relating to grant applications to ensure
common reporting by each agency with respect to applications
received in response to each notice of funding opportunity of the
agency.
(2) Contents.--The data elements developed under paragraph (1)
shall include--
(A) the number of applications received; and
(B) the city and State of each organization that submitted
an application.
(d) Rule of Construction.--With respect to a particular competitive
grant, nothing in this Act shall be construed to supersede any
requirement with respect to a notice of funding opportunity for the
competitive grant in a law that authorizes the competitive grant.
(e) No Additional Funds.--No additional funds are authorized to be
appropriated for the purpose of carrying out this Act.
(f) Effective Date.--
(1) In general.--This Act shall take effect on the date that is
120 days after the date of enactment of this Act.
(2) No retroactive effect.--This Act shall not apply to a
notice of funding opportunity issued before the date of enactment
of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.