II Calendar No. 56 117TH CONGRESS 1ST SESSION S. 636 [Report No. 117–22] 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 MARCH 9, 2021 Ms. ERNST (for herself, Mr. PETERS, Mr. BRAUN, Mr. SCOTT of Florida, Mr. LANKFORD, Ms. HASSAN, and Mrs. BLACKBURN) introduced the fol- lowing bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs MAY 10, 2021 Reported by Mr. PETERS, with an amendment [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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 22:47 May 10, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S636.RS S636 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 636 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Billion Dollar Boon- 2 doggle Act of 2021’’. 3 SEC. 2. ANNUAL REPORT. 4 (a) DEFINITIONS.—In this section— 5 (1) the term ‘‘covered agency’’ means— 6 (A) an Executive agency, as defined in sec- 7 tion 105 of title 5, United States Code; and 8 (B) an independent regulatory agency, as 9 defined in section 3502 of title 44, United 10 States Code; 11 (2) the term ‘‘covered project’’ means a project 12 funded by a covered agency— 13 (A) that is more than 5 years behind 14 schedule, as measured against the original ex- 15 pected date for completion; or 16 (B) for which the amount spent on the 17 project is not less than $1,000,000,000 more 18 than the original cost estimate for the project; 19 and 20 (3) the term ‘‘project’’ means a major acquisi- 21 tion, a major defense acquisition program (as de- 22 fined in section 2430 of title 10, United States 23 Code), a procurement, a construction project, a re- 24 mediation or clean-up effort, or any other time-lim- 25 ited endeavor, that is not funded through direct 26 VerDate Sep 11 2014 22:47 May 10, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S636.RS S636 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 636 RS spending (as defined in section 250(c) of the Bal- 1 anced Budget and Emergency Deficit Control Act of 2 1985 (2 U.S.C. 900(c)) ). 3 (b) REQUIREMENT.—Not later than 1 year after the 4 date of enactment of this Act, the Director of the Office 5 of Management and Budget shall issue guidance requiring 6 covered agencies to include, on an annual basis in a report 7 described in paragraph (2) of section 3516(a) of title 31, 8 United States Code, or a consolidated report described in 9 paragraph (1) of such section, information relating to each 10 covered project of the covered agency, which shall in- 11 clude— 12 (1) a brief description of the covered project, 13 including— 14 (A) the purpose of the covered project; 15 (B) each location in which the covered 16 project is carried out; 17 (C) the contract or award number of the 18 covered project, where applicable; 19 (D) the year in which the covered project 20 was initiated; 21 (E) the Federal share of the total cost of 22 the covered project; and 23 VerDate Sep 11 2014 22:47 May 10, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S636.RS S636 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 636 RS (F) each primary contractor, subcon- 1 tractor, grant recipient, and subgrantee recipi- 2 ent of the covered project; 3 (2) an explanation of any change to the original 4 scope of the covered project, including by the addi- 5 tion or narrowing of the initial requirements of the 6 covered project; 7 (3) the original expected date for completion of 8 the covered project; 9 (4) the current expected date for completion of 10 the covered project; 11 (5) the original cost estimate for the covered 12 project, as adjusted to reflect increases in the Con- 13 sumer Price Index for All Urban Consumers, as 14 published by the Bureau of Labor Statistics; 15 (6) the current cost estimate for the covered 16 project, as adjusted to reflect increases in the Con- 17 sumer Price Index for All Urban Consumers, as 18 published by the Bureau of Labor Statistics; 19 (7) an explanation for a delay in completion or 20 an increase in the original cost estimate for the cov- 21 ered project, including, where applicable, any impact 22 of insufficient or delayed appropriations; and 23 VerDate Sep 11 2014 22:47 May 10, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S636.RS S636 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 636 RS (8) the amount of and rationale for any award, 1 incentive fee, or other type of bonus, if any, awarded 2 for the covered project. 3 VerDate Sep 11 2014 22:47 May 10, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S636.RS S636 pamtmann on DSKBC07HB2PROD with BILLS Calendar No. 56 117TH CONGRESS 1ST SESSION S. 636 [Report No. 117–22] A BILL To require the Director of the Office of Manage- ment and Budget to submit to Congress an an- nual report on projects that are over budget and behind schedule, and for other purposes. MAY 10, 2021 Reported with an amendment VerDate Sep 11 2014 22:47 May 10, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\S636.RS S636 pamtmann on DSKBC07HB2PROD with BILLS