What This Bill Does
This bill requires the Director of the Office of Management and Budget (the federal official who oversees government spending) to create rules for federal agencies. These agencies must report each year to Congress about major projects that are significantly over budget or delayed.
Who It Affects
- The Director of the Office of Management and Budget
- Executive agencies (departments and agencies in the federal government)
- Independent regulatory agencies (government agencies that operate independently)
- Congress
Key Provisions
- The Director must issue guidance within one year requiring covered agencies to report annually on projects that are more than 5 years behind schedule or have spent at least $1 billion more than originally estimated (Sec. 2(b))
- Reports must include a description of each problem project with its purpose, location, contract number, when it started, federal funding amount, and primary contractors or grant recipients (Sec. 2(b)(1))
- Reports must explain any changes made to the original project scope and any delays or cost increases with reasons for them (Sec. 2(b)(2), (7))
- Reports must show the original expected completion date, current expected completion date, original cost estimate and current cost estimate (Sec. 2(b)(3), (4), (5), (6))
- Reports must disclose any awards, incentive fees or bonuses given for the project and explain why (Sec. 2(b)(8))
What Changes
If this law passes, federal agencies will be required to publicly report each year on their biggest failed projects. Congress will receive detailed information about projects that are significantly delayed or over budget, including explanations for the problems and information about who is managing them.
Important Definitions
- "Covered agency" means executive agencies and independent regulatory agencies
- "Covered project" means a project funded by a covered agency that is more than 5 years behind schedule OR has cost at least $1 billion more than originally estimated
- "Project" means a major acquisition, defense program, procurement, construction project, environmental cleanup, or other time-limited effort not funded through direct spending
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1180
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 HOUSE OF REPRESENTATIVES
FEBRUARY 24, 2023
Mr. GALLAGHER (for himself and Ms. PORTER) introduced the following bill;
which was referred to the Committee on Oversight and Accountability,
and in addition to the Committee on Armed Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee con-
cerned
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-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Billion Dollar Boon-
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doggle Act of 2023’’.
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•HR 1180 IH
SEC. 2. ANNUAL REPORT.
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(a) DEFINITIONS.—In this section—
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(1) the term ‘‘covered agency’’ means—
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(A) an Executive agency, as defined in sec-
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tion 105 of title 5, United States Code; and
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(B) an independent regulatory agency, as
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defined in section 3502 of title 44, United
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States Code;
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(2) the term ‘‘covered project’’ means a project
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funded by a covered agency—
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(A) that is more than 5 years behind
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schedule; or
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(B) for which the amount spent on the
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project is not less than $1,000,000,000 more
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than the original cost estimate for the project;
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and
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(3) the term ‘‘project’’ means a major acquisi-
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tion, a major defense acquisition program (as de-
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fined in section 2430 of title 10, United States
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Code), a procurement, a construction project, a re-
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mediation or clean-up effort, or any other time-lim-
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ited endeavor, that is not funded through direct
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spending (as defined in section 250(c) of the Bal-
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anced Budget and Emergency Deficit Control Act of
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1985 (2 U.S.C. 900(c)).
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•HR 1180 IH
(b) REQUIREMENT.—Not later than 1 year after the
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date of enactment of this Act, the Director of the Office
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of Management and Budget shall issue guidance requiring
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covered agencies to include, on an annual basis in a report
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described in paragraph (2) of section 3516(a) of title 31,
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United States Code, or a consolidated report described in
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paragraph (1) of such section, information relating to each
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covered project of the covered agency, which shall in-
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clude—
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(1) a brief description of the covered project,
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including—
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(A) the purpose of the covered project;
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(B) each location in which the covered
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project is carried out;
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(C) the contract or award number of the
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covered project, where applicable;
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(D) the year in which the covered project
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was initiated;
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(E) the Federal share of the total cost of
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the covered project; and
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(F) each primary contractor, subcon-
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tractor, grant recipient, and subgrantee recipi-
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ent of the covered project;
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(2) an explanation of any change to the original
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scope of the covered project, including by the addi-
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•HR 1180 IH
tion or narrowing of the initial requirements of the
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covered project;
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(3) the original expected date for completion of
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the covered project;
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(4) the current expected date for completion of
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the covered project;
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(5) the original cost estimate for the covered
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project, as adjusted to reflect increases in the Con-
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sumer Price Index for All Urban Consumers, as
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published by the Bureau of Labor Statistics;
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(6) the current cost estimate for the covered
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project, as adjusted to reflect increases in the Con-
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sumer Price Index for All Urban Consumers, as
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published by the Bureau of Labor Statistics;
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(7) an explanation for a delay in completion or
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an increase in the original cost estimate for the cov-
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ered project, including, where applicable, any impact
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of insufficient or delayed appropriations; and
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(8) the amount of and rationale for any award,
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incentive fee, or other type of bonus, if any, awarded
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for the covered project.
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