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