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S. 778: COST Act of 2023

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The text of the bill below is as of Mar 14, 2023 (Introduced).

II

118th CONGRESS

1st Session

S. 778

IN THE SENATE OF THE UNITED STATES

March 14, 2023

(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.

Short title

This Act may be cited as the Cost Openness and Spending Transparency Act of 2023 or the COST Act of 2023.

2.

Disclosure requirements for Federal funds

(a)

In general

Subchapter III of chapter 13 of title 31, United States Code, is amended by adding at the end the following:

1356.

Disclosure requirements for Federal funds

(a)

Definition

In this section, the term agency means—

(1)

an Executive agency, as defined in section 105 of title 5; and

(2)

an independent regulatory agency, as defined in section 3502 of title 44.

(b)

Disclosure requirements

An agency and an individual or entity (including a State or local government and a recipient of a Federal research grant) carrying out a program, project, or activity that is, in whole or in part, carried out using Federal funds shall clearly state in any statement, press release, request for proposals, bid solicitation, or other document describing the program, project, or activity, other than a communication containing not more than 280 characters—

(1)

the percentage of the total costs of the program, project, or activity which will be financed with Federal funds;

(2)

the dollar amount of the Federal funds made available for the program, project, or activity; and

(3)

the percentage of the total costs of, and dollar amount for, the program, project, or activity that will be financed by nongovernmental sources.

(c)

Certification

An individual or entity carrying out a program, project, or activity that is, in whole or in part, carried out using Federal funds shall, as part of the performance progress reporting regarding the program, project, or activity, include a certification indicating whether the individual or entity complied with the disclosure requirements under subsection (b) with respect to communications containing not more than 280 characters relating to the program, project, or activity.

(d)

Compliance review

The Director of the Office of Management and Budget shall annually—

(1)

review a random sampling of public communications issued by agencies and recipients of Federal funds for compliance with the disclosure requirements under subsection (b); and

(2)

make publicly available the findings of the review under paragraph (1).

(e)

Public reporting

Not later than 1 year after the date of enactment of this section, the Director of the Office of Management and Budget shall make available to the public a mechanism to anonymously report communications that do not comply with the disclosure requirements under subsection (b), which shall require that such a report include—

(1)

the noncompliant communication or, if publicly available, the location of the noncompliant communication; and

(2)

identifying information regarding the program, project, or activity that is, in whole or in part, carried out using Federal funds.

.

(b)

Technical and conforming amendment

The table of sections for subchapter III of chapter 13 of title 31, United States Code, is amended by adding at the end the following:

1356. Disclosure requirements for Federal funds.

.