II 

118TH CONGRESS 

1ST SESSION S. 1258 

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 

APRIL 25, 2023 

Ms. ERNST (for herself, Ms. HASSAN, Mr. PAUL, Mr. SCOTT of Florida, 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 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Billion Dollar Boon5 doggle Act of 2023’’. 

6 SEC. 2. ANNUAL REPORT. 

7 (a) DEFINITIONS.—In this section— 

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


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1 (A) an Executive agency, as defined in sec2 tion 105 of title 5, United States Code; and 

3 (B) an independent regulatory agency, as 

4 defined in section 3502 of title 44, United 

5 States Code; 

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

7 funded by a covered agency— 

8 (A) that is more than 5 years behind 

9 schedule, as measured against the original ex10 pected date for completion; or 

11 (B) for which the amount spent on the 

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

13 than the original cost estimate for the project; 

14 and 

15 (3) the term ‘‘project’’ means a major acquisi16 tion, a major defense acquisition program (as de17 fined in section 4201 of title 10, United States 

18 Code), a procurement, a construction project, a re19 mediation or clean-up effort, or any other time-lim20 ited endeavor, that is not funded through direct 

21 spending (as defined in section 250(c) of the Bal22 anced Budget and Emergency Deficit Control Act of 

23 1985 (2 U.S.C. 900(c))). 

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

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


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1 of Management and Budget shall issue guidance requiring 

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

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

4 United States Code, or a consolidated report described in 

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

6 covered project of the covered agency, which shall in7 clude— 

8 (1) a brief description of the covered project, 

9 including— 

10 (A) the purpose of the covered project; 

11 (B) each location in which the covered 

12 project is carried out; 

13 (C) the contract or award number of the 

14 covered project, where applicable; 

15 (D) the year in which the covered project 

16 was initiated; 

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

18 the covered project; and 

19 (F) each primary contractor, subcon20 tractor, grant recipient, and subgrantee recipi21 ent of the covered project; 

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

23 scope of the covered project, including by the addi24 tion or narrowing of the initial requirements of the 

25 covered project; 


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1 (3) the original expected date for completion of 

2 the covered project; 

3 (4) the current expected date for completion of 

4 the covered project; 

5 (5) the original cost estimate for the covered 

6 project, as adjusted to reflect increases in the Con7 sumer Price Index for All Urban Consumers, as 

8 published by the Bureau of Labor Statistics; 

9 (6) the current cost estimate for the covered 

10 project, as adjusted to reflect increases in the Con11 sumer Price Index for All Urban Consumers, as 

12 published by the Bureau of Labor Statistics; 

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

14 an increase in the original cost estimate for the cov15 ered project, including, where applicable, any impact 

16 of insufficient or delayed appropriations; and 

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

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

19 for the covered project. 

Æ 


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