II 

Calendar No. 435 

116TH CONGRESS 

2D SESSION S. 565 

[Report No. 116–220] 

To require the Director of the Office of Management and Budget to submit 

to Congress an annual report on projects that are over budget and 

behind schedule, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 26, 2019 

Ms. ERNST (for herself, Mr. BRAUN, Mr. PAUL, Mr. LANKFORD, Mr. PETERS, 

and Mr. SCOTT of Florida) introduced the following bill; which was read 

twice and referred to the Committee on Homeland Security and Governmental Affairs 

MARCH 2, 2020 

Reported by Mr. JOHNSON, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To require the Director of the Office of Management and 

Budget to submit to Congress an annual report on 

projects that are over budget and behind schedule, and 

for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Billion Dollar Boon3 doggle Act of 2019’’. 

4 SEC. 2. ANNUAL REPORT. 

5 (a) DEFINITION OF COVERED AGENCY.—In this sec6 tion, the term ‘‘covered agency’’ means— 

7 (1) an Executive agency, as defined in section 

8 105 of title 5, United States Code; and 

9 (2) an independent regulatory agency, as de10 fined in section 3502 of title 44, United States 

11 Code. 

12 (b) REQUIREMENT.—Not later than 1 year after the 

13 date of enactment of this Act, and every year thereafter, 

14 the Director of the Office of Management and Budget 

15 shall submit to Congress and post on the website of the 

16 Office of Management and Budget a report on each 

17 project funded by a covered agency— 

18 (1) that is more than 5 years behind schedule; 

19 or 

20 (2) for which the amount spent on the project 

21 is not less than $1,000,000,000 more than the origi22 nal cost estimate for the project. 

23 (c) CONTENTS.—Each report submitted and posted 

24 under subsection (b) shall include, for each project in25 cluded in the report— 


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1 (1) a brief description of the project, includ2 ing— 

3 (A) the purpose of the project; 

4 (B) each location in which the project is 

5 carried out; 

6 (C) the year in which the project was initi7 ated; 

8 (D) the Federal share of the total cost of 

9 the project; and 

10 (E) each primary contractor, subcon11 tractor, grant recipient, and subgrantee recipi12 ent of the project; 

13 (2) an explanation of any change to the original 

14 scope of the project, including by the addition or 

15 narrowing of the initial requirements of the project; 

16 (3) the original expected date for completion of 

17 the project; 

18 (4) the current expected date for completion of 

19 the project; 

20 (5) the original cost estimate for the project, as 

21 adjusted to reflect increases in the Consumer Price 

22 Index for All Urban Consumers, as published by the 

23 Bureau of Labor Statistics; 

24 (6) the current cost estimate for the project, as 

25 adjusted to reflect increases in the Consumer Price 


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1 Index for All Urban Consumers, as published by the 

2 Bureau of Labor Statistics; 

3 (7) an explanation for a delay in completion or 

4 increase in the original cost estimate for the project; 

5 and 

6 (8) the amount of and rationale for any award, 

7 incentive fee, or other type of bonus, if any, awarded 

8 for the project. 

9 (d) SUBMISSION WITH BUDGET.—Section 1105(a) of 

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

11 end the following: 

12 ‘‘(40) the report required under section 2(b) of 

13 the Billion Dollar Boondoggle Act of 2019 for the 

14 calendar year in which the fiscal year covered by the 

15 budget begins.’’. 

16 SECTION 1. SHORT TITLE. 

17 This Act may be cited as the ‘‘Billion Dollar Boon18 doggle Act of 2019’’. 

19 SEC. 2. ANNUAL REPORT. 

20 (a) DEFINITIONS.—In this section— 

21 (1) the term ‘‘covered agency’’ means— 

22 (A) an Executive agency, as defined in sec23 tion 105 of title 5, United States Code; and 


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1 (B) an independent regulatory agency, as 

2 defined in section 3502 of title 44, United States 

3 Code; 

4 (2) the term ‘‘covered project’’ means a project 

5 funded by a covered agency— 

6 (A) that is more than 5 years behind sched7 ule; or 

8 (B) for which the amount spent on the 

9 project is not less than $1,000,000,000 more than 

10 the original cost estimate for the project; and 

11 (3) the term ‘‘project’’ means a major acquisi12 tion, a major defense acquisition program (as defined 

13 in section 2430 of title 10, United States Code), a 

14 procurement, a construction project, a remediation or 

15 clean-up effort, or any other time-limited endeavor, 

16 that is not funded through direct spending (as defined 

17 in section 250(c) of the Balanced Budget and Emer18 gency Deficit Control Act of 1985 (2 U.S.C. 900(c)). 

19 (b) REQUIREMENT.—Not later than 1 year after the 

20 date of enactment of this Act, the Director of the Office of 

21 Management and Budget shall issue guidance requiring 

22 covered agencies to include, on an annual basis in a report 

23 described in paragraph (2) of section 3516(a) of title 31, 

24 United States Code, or a consolidated report described in 


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1 paragraph (1) of such section, information relating to each 

2 covered project of the covered agency, which shall include— 

3 (1) a brief description of the covered project, in4 cluding— 

5 (A) the purpose of the covered project; 

6 (B) each location in which the covered 

7 project is carried out; 

8 (C) the contract or award number of the 

9 covered project, where applicable; 

10 (D) the year in which the covered project 

11 was initiated; 

12 (E) the Federal share of the total cost of the 

13 covered project; and 

14 (F) each primary contractor, subcontractor, 

15 grant recipient, and subgrantee recipient of the 

16 covered project; 

17 (2) an explanation of any change to the original 

18 scope of the covered project, including by the addition 

19 or narrowing of the initial requirements of the cov20 ered project; 

21 (3) the original expected date for completion of 

22 the covered project; 

23 (4) the current expected date for completion of 

24 the covered project; 


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1 (5) the original cost estimate for the covered 

2 project, as adjusted to reflect increases in the Con3 sumer Price Index for All Urban Consumers, as pub4 lished by the Bureau of Labor Statistics; 

5 (6) the current cost estimate for the covered 

6 project, as adjusted to reflect increases in the Con7 sumer Price Index for All Urban Consumers, as pub8 lished by the Bureau of Labor Statistics; 

9 (7) an explanation for a delay in completion or 

10 an increase in the original cost estimate for the cov11 ered project, including, where applicable, any impact 

12 of insufficient or delayed appropriations; and 

13 (8) the amount of and rationale for any award, 

14 incentive fee, or other type of bonus, if any, awarded 

15 for the covered project. 


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Calendar No. 435 

116TH CONGRESS 

2D SESSION S. 565 

[Report No. 116–220] 

A BILL 

To require the Director of the Office of Managebehind schedule, and for other purposes. nual report on projects that are over budget and ment and Budget to submit to Congress an anMARCH 2, 2020 

Reported with an amendment 


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