II 

118TH CONGRESS 

1ST SESSION S. 778 

To require the disclosure of information relating to the cost of programs, 

projects, or activities carried out using Federal funds. 

IN THE SENATE OF THE UNITED STATES 

MARCH 14, 2023 

Ms. ERNST (for herself and Mr. BRAUN) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

A BILL 

To require the disclosure of information relating to the cost 

of programs, projects, or activities carried out using Federal funds. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cost Openness and 

5 Spending Transparency Act of 2023’’ or the ‘‘COST Act 

6 of 2023’’. 


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1 SEC. 2. DISCLOSURE REQUIREMENTS FOR FEDERAL 

2 FUNDS. 

3 (a) IN GENERAL.—Subchapter III of chapter 13 of 

4 title 31, United States Code, is amended by adding at the 

5 end the following: 

6 ‘‘§ 1356. Disclosure requirements for Federal funds 

7 ‘‘(a) DEFINITION.—In this section, the term ‘agency’ 

8 means— 

9 ‘‘(1) an Executive agency, as defined in section 

10 105 of title 5; and 

11 ‘‘(2) an independent regulatory agency, as de12 fined in section 3502 of title 44. 

13 ‘‘(b) DISCLOSURE REQUIREMENTS.—An agency and 

14 an individual or entity (including a State or local govern15 ment and a recipient of a Federal research grant) carrying 

16 out a program, project, or activity that is, in whole or in 

17 part, carried out using Federal funds shall clearly state 

18 in any statement, press release, request for proposals, bid 

19 solicitation, or other document describing the program, 

20 project, or activity, other than a communication con21 taining not more than 280 characters— 

22 ‘‘(1) the percentage of the total costs of the 

23 program, project, or activity which will be financed 

24 with Federal funds; 


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1 ‘‘(2) the dollar amount of the Federal funds 

2 made available for the program, project, or activity; 

3 and 

4 ‘‘(3) the percentage of the total costs of, and 

5 dollar amount for, the program, project, or activity 

6 that will be financed by nongovernmental sources. 

7 ‘‘(c) CERTIFICATION.—An individual or entity car8 rying out a program, project, or activity that is, in whole 

9 or in part, carried out using Federal funds shall, as part 

10 of the performance progress reporting regarding the pro11 gram, project, or activity, include a certification indicating 

12 whether the individual or entity complied with the disclo13 sure requirements under subsection (b) with respect to 

14 communications containing not more than 280 characters 

15 relating to the program, project, or activity. 

16 ‘‘(d) COMPLIANCE REVIEW.—The Director of the Of17 fice of Management and Budget shall annually— 

18 ‘‘(1) review a random sampling of public com19 munications issued by agencies and recipients of 

20 Federal funds for compliance with the disclosure re21 quirements under subsection (b); and 

22 ‘‘(2) make publicly available the findings of the 

23 review under paragraph (1). 

24 ‘‘(e) PUBLIC REPORTING.—Not later than 1 year 

25 after the date of enactment of this section, the Director 


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1 of the Office of Management and Budget shall make avail2 able to the public a mechanism to anonymously report 

3 communications that do not comply with the disclosure re4 quirements under subsection (b), which shall require that 

5 such a report include— 

6 ‘‘(1) the noncompliant communication or, if 

7 publicly available, the location of the noncompliant 

8 communication; and 

9 ‘‘(2) identifying information regarding the pro10 gram, project, or activity that is, in whole or in part, 

11 carried out using Federal funds.’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

13 The table of sections for subchapter III of chapter 13 of 

14 title 31, United States Code, is amended by adding at the 

15 end the following: 

‘‘1356. Disclosure requirements for Federal funds.’’. 

Æ 


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