Billion Dollar Boondoggle Act of 2019

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 Govern- mental 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. 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 22:13 Mar 02, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S565.RS S565 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 565 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Billion Dollar Boon- 2 doggle Act of 2019’’. 3 SEC. 2. ANNUAL REPORT. 4 (a) DEFINITION OF COVERED AGENCY.—In this sec- 5 tion, the term ‘‘covered agency’’ means— 6 (1) an Executive agency, as defined in section 7 105 of title 5, United States Code; and 8 (2) an independent regulatory agency, as de- 9 fined in section 3502 of title 44, United States 10 Code. 11 (b) REQUIREMENT.—Not later than 1 year after the 12 date of enactment of this Act, and every year thereafter, 13 the Director of the Office of Management and Budget 14 shall submit to Congress and post on the website of the 15 Office of Management and Budget a report on each 16 project funded by a covered agency— 17 (1) that is more than 5 years behind schedule; 18 or 19 (2) for which the amount spent on the project 20 is not less than $1,000,000,000 more than the origi- 21 nal cost estimate for the project. 22 (c) CONTENTS.—Each report submitted and posted 23 under subsection (b) shall include, for each project in- 24 cluded in the report— 25 VerDate Sep 11 2014 22:13 Mar 02, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S565.RS S565 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 565 RS (1) a brief description of the project, includ- 1 ing— 2 (A) the purpose of the project; 3 (B) each location in which the project is 4 carried out; 5 (C) the year in which the project was initi- 6 ated; 7 (D) the Federal share of the total cost of 8 the project; and 9 (E) each primary contractor, subcon- 10 tractor, grant recipient, and subgrantee recipi- 11 ent of the project; 12 (2) an explanation of any change to the original 13 scope of the project, including by the addition or 14 narrowing of the initial requirements of the project; 15 (3) the original expected date for completion of 16 the project; 17 (4) the current expected date for completion of 18 the project; 19 (5) the original cost estimate for the project, as 20 adjusted to reflect increases in the Consumer Price 21 Index for All Urban Consumers, as published by the 22 Bureau of Labor Statistics; 23 (6) the current cost estimate for the project, as 24 adjusted to reflect increases in the Consumer Price 25 VerDate Sep 11 2014 22:13 Mar 02, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S565.RS S565 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 565 RS Index for All Urban Consumers, as published by the 1 Bureau of Labor Statistics; 2 (7) an explanation for a delay in completion or 3 increase in the original cost estimate for the project; 4 and 5 (8) the amount of and rationale for any award, 6 incentive fee, or other type of bonus, if any, awarded 7 for the project. 8 (d) SUBMISSION WITH BUDGET.—Section 1105(a) of 9 title 31, United States Code, is amended by adding at the 10 end the following: 11 ‘‘(40) the report required under section 2(b) of 12 the Billion Dollar Boondoggle Act of 2019 for the 13 calendar year in which the fiscal year covered by the 14 budget begins.’’. 15 SECTION 1. SHORT TITLE. 16 This Act may be cited as the ‘‘Billion Dollar Boon- 17 doggle Act of 2019’’. 18 SEC. 2. ANNUAL REPORT. 19 (a) DEFINITIONS.—In this section— 20 (1) the term ‘‘covered agency’’ means— 21 (A) an Executive agency, as defined in sec- 22 tion 105 of title 5, United States Code; and 23 VerDate Sep 11 2014 22:13 Mar 02, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S565.RS S565 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 565 RS (B) an independent regulatory agency, as 1 defined in section 3502 of title 44, United States 2 Code; 3 (2) the term ‘‘covered project’’ means a project 4 funded by a covered agency— 5 (A) that is more than 5 years behind sched- 6 ule; or 7 (B) for which the amount spent on the 8 project is not less than $1,000,000,000 more than 9 the original cost estimate for the project; and 10 (3) the term ‘‘project’’ means a major acquisi- 11 tion, a major defense acquisition program (as defined 12 in section 2430 of title 10, United States Code), a 13 procurement, a construction project, a remediation or 14 clean-up effort, or any other time-limited endeavor, 15 that is not funded through direct spending (as defined 16 in section 250(c) of the Balanced Budget and Emer- 17 gency Deficit Control Act of 1985 (2 U.S.C. 900(c)). 18 (b) REQUIREMENT.—Not later than 1 year after the 19 date of enactment of this Act, the Director of the Office of 20 Management and Budget shall issue guidance requiring 21 covered agencies to include, on an annual basis in a report 22 described in paragraph (2) of section 3516(a) of title 31, 23 United States Code, or a consolidated report described in 24 VerDate Sep 11 2014 22:13 Mar 02, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S565.RS S565 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 565 RS paragraph (1) of such section, information relating to each 1 covered project of the covered agency, which shall include— 2 (1) a brief description of the covered project, in- 3 cluding— 4 (A) the purpose of the covered project; 5 (B) each location in which the covered 6 project is carried out; 7 (C) the contract or award number of the 8 covered project, where applicable; 9 (D) the year in which the covered project 10 was initiated; 11 (E) the Federal share of the total cost of the 12 covered project; and 13 (F) each primary contractor, subcontractor, 14 grant recipient, and subgrantee recipient of the 15 covered project; 16 (2) an explanation of any change to the original 17 scope of the covered project, including by the addition 18 or narrowing of the initial requirements of the cov- 19 ered project; 20 (3) the original expected date for completion of 21 the covered project; 22 (4) the current expected date for completion of 23 the covered project; 24 VerDate Sep 11 2014 22:13 Mar 02, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S565.RS S565 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 565 RS (5) the original cost estimate for the covered 1 project, as adjusted to reflect increases in the Con- 2 sumer Price Index for All Urban Consumers, as pub- 3 lished by the Bureau of Labor Statistics; 4 (6) the current cost estimate for the covered 5 project, as adjusted to reflect increases in the Con- 6 sumer Price Index for All Urban Consumers, as pub- 7 lished by the Bureau of Labor Statistics; 8 (7) an explanation for a delay in completion or 9 an increase in the original cost estimate for the cov- 10 ered project, including, where applicable, any impact 11 of insufficient or delayed appropriations; and 12 (8) the amount of and rationale for any award, 13 incentive fee, or other type of bonus, if any, awarded 14 for the covered project. 15 VerDate Sep 11 2014 22:13 Mar 02, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S565.RS S565 pamtmann on DSKBC07HB2PROD with BILLS Calendar No. 435 116TH CONGRESS 2D SESSION S. 565 [Report No. 116–220] 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. MARCH 2, 2020 Reported with an amendment VerDate Sep 11 2014 22:13 Mar 02, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\S565.RS S565 pamtmann on DSKBC07HB2PROD with BILLS