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
H. R. 5536
AN ACT
To require transparency in notices of funding opportunity, and for other purposes.
Short title
This Act may be cited as the Grant Transparency Act of 2023
.
Notices of funding opportunity transparency
Definitions
In this section:
Agency
The term agency—
has the meaning given the term Executive agency in section 105 of title 5, United States Code; and
does not include the Government Accountability Office.
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—
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
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.
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.
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.
Rating system
The term rating system—
means a system of evaluation of competitive grant applications to determine how such applications advance through the selection process; and
includes—
a merit criteria rating rubric;
an evaluation of merit criteria;
a methodology to evaluate and rate based on a point scale; and
an evaluation to determine whether a competitive grant application meets evaluation or selection criteria.
Transparency requirements
Each notice of funding opportunity issued by an agency for a competitive grant shall include—
a description of any rating system and evaluation and selection criteria the agency uses to assess applications for the competitive grant;
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
any other qualitative or quantitative merit-based approach the agency uses to evaluate an application for the competitive grant.
Applications; data elements
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.
Contents
The data elements developed under paragraph (1) shall include—
the number of applications received; and
the city and State of each organization that submitted an application.
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.
No additional funds
No additional funds are authorized to be appropriated for the purpose of carrying out this Act.
Effective date
In general
This Act shall take effect on the date that is 120 days after the date of enactment of this Act.
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.