Section 1 Short title
This Act may be cited as the “Evidence-Based Grantmaking Act”.
Evidence-Based Grantmaking Act
A BILL
To amend title 5, United States Code, to require the implementation of evidence-based practices with respect to certain Federal grants, and for other purposes.
Sec. 2 Requirement to implement evidence-based practices with respect to certain Federal grants
In general— Subchapter II of chapter 3 of title 5, United States Code, is amended by inserting after section 315 the following:
“316. Requirement to implement evidence-based practices with respect to certain Federal grants
“(a) Requirements—The head of a covered agency shall, with respect to each covered grant of the agency—
“(1) include in any notice of funding opportunity, request for proposals, or announcement with respect to the grant a clearly defined purpose for the grant, including clearly defined intended outcomes for the use of any funds provided under the grant;
“(2) prioritize awarding the covered grant—
“(A) to applicants that have—
“(i) implemented practices that are evidence-based; and
“(ii) demonstrated in the application for the grant that the applicant will use the funding for such practices to achieve results compatible with the purpose for the grant (as defined in the notice of funding opportunity, request for proposal, and or announcement for the grant);
“(B) to applicants—
“(i) that submit applications that are responsive to community needs; and
“(ii) from organizations located in or representative of the community in which the grant seeks to serve; and
“(C) in accordance section 200.202 of title 2, Code of Federal Regulations (or successor regulation);
“(3) require recipients of a covered grant to use practices that are evidenced-based in providing any services to the public or a specific community using funds provided under such grant; and
“(4) acting through the Evaluation officer of the agency—
“(A) in accordance with subsection (b), conduct periodic evaluations that are evidence-based during the term of the covered grant to determine, with respect to each activity carried out using funds provided under the covered grant, whether such funds are being used effectively to achieve the intended outcomes for the use of funds provided under the grant (as defined in the notice of funding opportunity, requests for proposal, or announcement for the grant);
“(B) establish a process by which such evaluations are to be conducted;
“(C) make the results of such evaluations available to the public; and
“(D) use such results to inform decision making in the development of future notices of funding opportunity, requests for proposal, or announcements for the grant.
“(b) Evaluation—In carrying out each evaluation required by subsection (a)(3), each Evaluation officer shall adhere to Federal program evaluation standards, including by using the different types of evaluation, such as impact, outcome, process or implementation, and formative evaluation, in carrying out such evaluation.
“(c) Agency report to Congress—The head of each covered agency shall submit an annual report to Congress on the activities carried out by the head of each covered agency under this section.
“(d) Technical assistance—The head of each covered agency may provide technical assistance to recipients of grants of the agency in carrying out any requirement established pursuant to this section.
“(e) Definitions—In this section:
“(1) Covered agency—The term covered agency means the following:
“(A) Department of Agriculture.
“(B) Department of Commerce.
“(C) Department of Education.
“(D) Department of Energy.
“(E) Department of Health and Human Services.
“(F) Department of Homeland Security.
“(G) Department of Housing and Urban Development.
“(H) Department of the Interior.
“(I) Department of Justice.
“(J) Department of Labor.
“(K) Department of Transportation.
“(L) Department of the Treasury.
“(M) Department of Veterans Affairs.
“(N) The Environmental Protection Agency.
“(O) The Small Business Administration.
“(2) Covered grant—The term covered grant means a grant made by the head of the covered agency for the purpose of the recipient of such grant providing a service to the public or specific community using the funds provided under such grant.
“(3) Federal program evaluation standards—The term Federal program evaluation standards means standards and practices described in the Office of Management and Budget Memorandum M–20–12 (relating to the implementation of the Foundations for Evidence-Based Policymaking Act of 2018 and Program Evaluation Standards and Practices).”
Definition and application of the term evidence-Based—
OMB guidance—
In general— Not later than 1 year after the date of the enactment of this Act, the Director shall issue to the heads of covered agencies guidance on how to define and apply the term evidence-based for the purpose of implementing section 316 of title 5, United States Code (as added by subsection (a)).
Contents— The guidance issued by the Director under subparagraph (A) shall provide the head of each such agency the flexibility to define or apply the term evidence-based in a manner—
that aligns with the mission and programs of the agency; and
consistent with Federal program evaluation standards.
Agency guidance— Not later than 1 year after the Director issues the guidance required by paragraph (1), the head of each covered agency, acting through the Evaluation officer of the agency, shall—
define the term evidence-based for the purposes of implementing section 316 of title 5, United States Code, with respect to the covered grants of the agency—
in accordance with such guidance;
in a manner consistent with Federal program evaluation standards;
after publishing a notice in the Federal Register that includes—
a proposed definition of such term; and
a description of how the community engagement practices, evidence-based standards, and evaluation requirements of such section will be applied by the agency to such grants; and
after providing an opportunity for public comment regarding such proposed definition, not later than the date that is 60 days after the publication of the notice required by clause (iii);
establish a framework for identifying applicants proposing to implement practices that are evidence-based, for the purpose of prioritizing the award of covered grants to such applicants in accordance with section 316(a)(2)(A) of title 5, United States Code; and
make such definition and framework available to the public.
Implementation— Beginning on the date that is 5 years after the date of the enactment of this section, the head of each agency shall implement the framework established by the head of the agency under paragraph (2)(B) with respect to each covered grant of the agency.
Application— Beginning on the date that is 180 days after the head of a covered agency makes the definition required by subsection (b)(2)(A) for that agency available to the public in accordance with such subsection, section 316 of title 5, United States Code, shall apply to each covered grant of the agency, where practicable.
Reports—
Initial implementation report to OMB— Not later than 180 days after the head of a covered agency makes the definition and framework required by subsection (b)(2)(B) available to the public in accordance with such subsection, the head of the agency shall submit to the Director a report on how the head will implement the requirements of section 316 of title 5, United States Code, with respect to the covered grants for the agency that includes an initial list of covered grants with respect to which the head of the agency will be implementing the framework.
Initial implementation report to Congress— Beginning on the date that is 1 year after the date of the enactment of this Act, and each year thereafter until the date that is 5 years after the date of such enactment, the Director of OMB shall submit an annual report to Congress on the progress of implementing the provisions of this Act that includes, with respect to the year preceding the report—
progress on—
defining the term evidence-based for the purposes of implementing section 316 of title 5, United States Code, with respect to the covered grants; and
implementing evidence-based practices with respect to the covered grants included on the list required by paragraph (1);
comprehensive details on how the head of each covered agency is defining, integrating, and implementing the framework required by subsection (b)(2)(B) for the covered grants of the agency; and
an assessment of whether the heads of covered agencies are implementing the provisions of this Act, and the amendments made by this Act, in similar or divergent manners, and any recommendations on where greater alignment in such implementation may improve or streamline the application process for persons seeking multiple grants.
Annual OMB report— Beginning on the date that is one year after the framework required by subsection (b)(2)(B) has begun to be implemented by the heads of covered agencies, and each year thereafter, the Director of OMB shall submit a report to Congress on the extent to which the head of covered agencies have used such framework in awarding grants, including—
the number of covered grants with respect to which the head has used such framework; and
select examples of grants of the covered agency with respect to which the head of the covered agency has successfully used such framework to select the recipients of such grant.
Future grantmaking— Not later than 1 year after the head of a covered agency has begun to implement the framework established by the head of the agency in accordance with subsection (b)(2)(B), the head of such agency shall submit to the Director a comprehensive report that—
identifies best practices for future grantmaking by the agency; and
makes recommendations for future improvements to the strategies the agency uses to evaluate grants under section 316(a)(3) of title 5, United States Code, to enhance the impact of Federal grant investments.
Definitions— In this Act, the terms covered agency, covered grant, and Federal program evaluation standards have the meaning given such terms in section 316 of title 5, United States Code, as added by subsection (a).