II 

Calendar No. 1104 

110TH CONGRESS 

2D SESSION S. 3384 

To amend section 11317 of title 40, United States Code, to require greater 

accountability for cost overruns on Federal IT investment projects. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2008 

Mr. CARPER (for himself, Ms. COLLINS, Mr. LIEBERMAN, Mr. COLEMAN, Mrs. 

MCCASKILL, and Mr. VOINOVICH) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

OCTOBER 1 (legislative day, SEPTEMBER 17), 2008 

Reported by Mr. LIEBERMAN, with an amendment 

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

A BILL 

To amend section 11317 of title 40, United States Code, 

to require greater accountability for cost overruns on 

Federal IT investment projects. 

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 ‘‘Information Tech3 nology Investment Oversight Enhancement and Waste 

4 Prevention Act of 2008’’. 

5 SEC. 2. IT INVESTMENT PROJECTS. 

6 (a) SIGNIFICANT AND GROSS DEVIATIONS.—Section 

7 11317 of title 40, United States Code, is amended to read 

8 as follows: 

9 ‘‘SEC. 11317. SIGNIFICANT AND GROSS DEVIATIONS. 

10 ‘‘(a) DEFINITIONS.—In this subchapter: 

11 ‘‘(1) AGENCY HEAD.—The term ‘Agency Head’ 

12 means the head of the Federal agency that is pri13 marily responsible for the IT investment project 

14 under review. 

15 ‘‘(2) ANSI EIA–748 STANDARD.—The term 

16 ‘ANSI EIA–748 Standard’ means the measurement 

17 tool jointly developed by the American National 

18 Standards Institute and the Electronic Industries 

19 Alliance to analyze earned value management sys20 tems. 

21 ‘‘(3) APPROPRIATE CONGRESSIONAL COMMIT22 TEES.—The term ‘appropriate congressional com23 mittees’ means— 

24 ‘‘(A) the Committee on Homeland Security 

25 and Governmental Affairs of the Senate; 


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1 ‘‘(B) the Committee on Oversight and Gov2 ernment Reform of the House of Representa3 tives; 

4 ‘‘(C) the Committee on Appropriations of 

5 the Senate; 

6 ‘‘(D) the Committee on Appropriations of 

7 the House of Representatives; and 

8 ‘‘(E) any other relevant congressional com9 mittee with jurisdiction over an agency required 

10 to take action under this section. 

11 ‘‘(4) CHIEF INFORMATION OFFICER.—The term 

12 ‘Chief Information Officer’ means the Chief Infor13 mation Officer designated under section 3506(a)(2) 

14 of title 44 of the Federal agency that is primarily re15 sponsible for the IT investment project under review. 

16 ‘‘(5) CORE IT INVESTMENT PROJECT.—The 

17 terms ‘core IT investment project’ and ‘core project’ 

18 mean a mission critical IT investment project jointly 

19 designated as such by the Agency Head and the Di20 rector under subsection (b). 

21 ‘‘(6) DIRECTOR.—The term ‘Director’ means 

22 the Director of the Office of Management and Budg23 et. 

24 ‘‘(7) GROSSLY DEVIATED.—The term ‘grossly 

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1 ance that is at least 40 percent from the Original 

2 Baseline. 

3 ‘‘(8) INDEPENDENT COST ESTIMATE.—The 

4 term ‘independent cost estimate’ means a pragmatic 

5 and neutral analysis, assessment, and quantification 

6 of all costs and risks associated with the acquisition 

7 of an IT investment project, which— 

8 ‘‘(A) is based on programmatic and tech9 nical specifications provided by the office within 

10 the agency with primary responsibility for the 

11 development, procurement, and delivery of the 

12 project; 

13 ‘‘(B) is formulated and provided by an en14 tity other than the office within the agency with 

15 primary responsibility for the development, pro16 curement, and delivery of the project; 

17 ‘‘(C) contains sufficient detail to inform 

18 the selection of a baseline benchmark measure 

19 under the ANSI EIA–748 standard; and 

20 ‘‘(D) accounts for the full life cycle cost 

21 plus associated operations and maintenance ex22 penses over the usable life of the project’s 

23 deliverables. 


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1 ‘‘(9) IT INVESTMENT PROJECT.—The terms ‘IT 

2 investment project’ and ‘project’ mean an informa3 tion technology system or acquisition that— 

4 ‘‘(A) requires special management atten5 tion because of its importance to the mission or 

6 function of the agency, a component of the 

7 agency, or another organization; 

8 ‘‘(B) is for financial management and obli9 gates more than $500,000 annually; 

10 ‘‘(C) has significant program or policy im11 plications; 

12 ‘‘(D) has high executive visibility; 

13 ‘‘(E) has high development, modernization, 

14 or enhancement costs; 

15 ‘‘(F) is funded through other than direct 

16 appropriations; or 

17 ‘‘(G) is defined as major by the agency’s 

18 capital planning and investment control process. 

19 ‘‘(10) LIFE CYCLE COST.—The term ‘life cycle 

20 cost’ means the total cost of an IT investment 

21 project for planning, research and development, 

22 modernization, and enhancement. 

23 ‘‘(11) ORIGINAL BASELINE.— 

24 ‘‘(A) IN GENERAL.—Except as provided 

25 under subparagraph (B), the term ‘Original 


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1 Baseline’ means the ANSI EIA–748 Standard2 compliant cost, schedule, and performance 

3 benchmark established at the commencement of 

4 an IT investment project contract. 

5 ‘‘(B) GROSSLY DEVIATED PROJECT.—If an 

6 IT investment project grossly deviates from its 

7 Original Baseline (as defined in subparagraph 

8 (A)), the term ‘Original Baseline’ means the 

9 ANSI EIA–748 Standard-compliant cost, 

10 schedule, and performance benchmark estab11 lished under subsection (e)(3)(C). 

12 ‘‘(12) SIGNIFICANTLY DEVIATED.—The term 

13 ‘significantly deviated’ means cost, schedule, or per14 formance variance that is at least 20 percent from 

15 the Original Baseline. 

16 ‘‘(b) CORE IT INVESTMENT PROJECTS.— 

17 ‘‘(1) DESIGNATION.—Except as provided under 

18 paragraph (2), each Agency Head and the Director 

19 shall jointly designate not fewer than 5 of the agen20 cy’s most mission critical IT investment projects as 

21 ‘core IT investment projects’ or ‘core projects’, after 

22 considering, among other factors— 

23 ‘‘(A) whether the project represents a 

24 high-dollar value relative to the average IT in25 vestment project in the agency’s portfolio; 


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1 ‘‘(B) whether the project delivers a capa2 bility critical to the successful completion of the 

3 agency mission, or a portion of such mission; 

4 and 

5 ‘‘(C) whether the project incorporates 

6 unproven or previously undeveloped technology 

7 to meet primary project technical requirements. 

8 ‘‘(2) EXCEPTION.—If the Agency Head and the 

9 Director jointly determine that fewer than 5 IT in10 vestment projects meet the criteria described in 

11 paragraph (1), the Director— 

12 ‘‘(A) may provide the agency with written 

13 authorization to designate fewer than 5 

14 projects; and 

15 ‘‘(B) shall submit a report to the appro16 priate congressional committees that contains 

17 notice of, and justification for, any such author18 ization. 

19 ‘‘(c) COST, SCHEDULE, AND PERFORMANCE RE20 PORTS.— 

21 ‘‘(1) QUARTERLY REPORTS.—Not later than 7 

22 days after the end of each fiscal quarter, the project 

23 manager for an IT investment project shall submit 

24 a written report to the Chief Information Officer 


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1 that includes, as of the last day of the applicable 

2 quarter— 

3 ‘‘(A) a description of the cost, schedule, 

4 and performance of all projects under the 

5 project manager’s supervision; 

6 ‘‘(B) the original and current project cost, 

7 schedule, and performance benchmarks for each 

8 project under the project manager’s supervision; 

9 ‘‘(C) the cost, schedule, or performance 

10 variance related to each IT investment project 

11 under the project manager’s supervision since 

12 the commencement of the contract; 

13 ‘‘(D) for each project under the project 

14 manager’s supervision, any known, expected, or 

15 anticipated changes to project schedule mile16 stones or project performance benchmarks in17 cluded as part of the original or current base18 line description; and 

19 ‘‘(E) the current cost, schedule, and per20 formance status of all projects under super21 vision that were previously identified as signifi22 cantly deviated or grossly deviated. 

23 ‘‘(2) INTERIM REPORTS.—If the project man24 ager for an IT investment project determines that 

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1 vestment project has significantly deviated or grossly 

2 deviated since the issuance of the latest quarterly re3 port, the project manager shall submit to the Chief 

4 Information Officer, not later than 7 days after such 

5 determination, a report on the project that includes, 

6 as of the date of the report— 

7 ‘‘(A) a description of the original and cur8 rent program cost, schedule, and performance 

9 benchmarks; 

10 ‘‘(B) the cost, schedule, or performance 

11 variance related to the IT investment project 

12 since the commencement of the contract; 

13 ‘‘(C) any known, expected, or anticipated 

14 changes to the project schedule milestones or 

15 project performance benchmarks included as 

16 part of the original or current baseline descrip17 tion; and 

18 ‘‘(D) the major reasons underlying the sig19 nificant or gross deviation of the project. 

20 ‘‘(d) DETERMINATION OF SIGNIFICANT DEVI21 ATION.— 

22 ‘‘(1) CHIEF INFORMATION OFFICER.—Upon re23 ceiving a report under subsection (c), the Chief In24 formation Officer shall— 


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1 ‘‘(A) determine if any IT investment 

2 project has significantly deviated; and 

3 ‘‘(B) report such determination to the 

4 Agency Head. 

5 ‘‘(2) CONGRESSIONAL NOTIFICATION.—If the 

6 Chief Information Officer determines under para7 graph (1) that an IT investment project has signifi8 cantly deviated and the Agency Head has not issued 

9 a report to the appropriate congressional committees 

10 of a significant deviation for that project under this 

11 section since the project was last required to be re12 baselined under this section, the Agency Head shall 

13 submit a report to the appropriate congressional 

14 committees and to the Government Accountability 

15 Office that includes— 

16 ‘‘(A) written notification of such deter17 mination; 

18 ‘‘(B) the date on which such determination 

19 was made; 

20 ‘‘(C) the amount of the cost increases and 

21 the extent of the schedule delays with respect to 

22 such project; 

23 ‘‘(D) any requirements that— 

24 ‘‘(i) were added subsequent to the 

25 original contract; or 


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1 ‘‘(ii) were originally contracted for, 

2 but were changed by deferment or deletion 

3 from the original schedule, or were other4 wise no longer included in the require5 ments contracted for; 

6 ‘‘(E) an explanation of the differences be7 tween— 

8 ‘‘(i) the estimate at completion be9 tween the project manager, any contractor, 

10 and any independent analysis; and 

11 ‘‘(ii) the original budget at comple12 tion; 

13 ‘‘(F) the rough order of magnitude of the 

14 costs of any reasonable alternative system, or 

15 reasonable alternative approach to establishing 

16 an equivalent outcome or capability; 

17 ‘‘(G) a statement of the reasons underlying 

18 the project’s significant deviation; 

19 ‘‘(H) the identities of the project managers 

20 responsible for program management and cost 

21 control of the program; and 

22 ‘‘(I) a summary of the plan of action to 

23 remedy the significant deviation. 

24 ‘‘(3) DEADLINE.— 


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1 ‘‘(A) NOTIFICATION BASED ON QUARTERLY

2 REPORT.—If the determination of significant 

3 deviation is based on a report submitted under 

4 subsection (b)(1), the Agency Head shall notify 

5 Congress in accordance with paragraph (2) not 

6 later than 14 days after the end of the quarter 

7 upon which such report is based. 

8 ‘‘(B) NOTIFICATION BASED ON INTERIM

9 REPORT.—If the determination of significant 

10 deviation is based on a report submitted under 

11 subsection (b)(2), the Secretary shall notify 

12 Congress in accordance with paragraph (2) not 

13 later than 14 days after the submission of such 

14 report. 

15 ‘‘(e) DETERMINATION OF GROSS DEVIATION.— 

16 ‘‘(1) CHIEF INFORMATION OFFICER.—Upon re17 ceiving a report under subsection (c), the Chief In18 formation Officer shall— 

19 ‘‘(A) determine if any IT investment 

20 project has grossly deviated; and 

21 ‘‘(B) report any such determination to the 

22 Agency Head. 

23 ‘‘(2) CONGRESSIONAL NOTIFICATION.—If the 

24 Chief Information Officer determines under para25 graph (1) that an IT investment project has grossly 


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1 deviated and the Agency Head has not issued a re2 port to the appropriate congressional committees of 

3 a gross deviation for that project under this section 

4 since the project was last required to be re-baselined 

5 under this section, the Agency Head shall submit a 

6 report to the appropriate congressional committees 

7 and to the Government Accountability Office that in8 cludes— 

9 ‘‘(A) written notification of such deter10 mination, which states— 

11 ‘‘(i) the date on which such deter12 mination was made; and 

13 ‘‘(ii) an indication of whether or not 

14 the project has been previously reported as 

15 a significant or gross deviation by the 

16 Chief Information Officer, and the date of 

17 any such report; 

18 ‘‘(B) incorporations by reference of all 

19 prior reports to Congress on the project re20 quired under this section; 

21 ‘‘(C) updated accounts of the items de22 scribed in subparagraphs (C) through (H) of 

23 subsection (d)(2); 


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1 ‘‘(D) the original estimate at completion 

2 for the project manager, any contractor, and 

3 any independent analysis; 

4 ‘‘(E) a graphical depiction of actual cost 

5 variance since the commencement of the con6 tract; 

7 ‘‘(F) the amount, if any, of incentive 

8 award fees any contractor has received since the 

9 commencement of the contract and the reasons 

10 for receiving such award fees; 

11 ‘‘(G) the project manager’s estimated cost 

12 at completion and estimated completion date for 

13 the project if current requirements are not 

14 modified; 

15 ‘‘(H) the project manager’s estimated cost 

16 at completion and estimated completion date for 

17 the project based on reasonable modification of 

18 such requirements; 

19 ‘‘(I) an explanation of the most significant 

20 occurrence contributing to the variance identi21 fied, including cost, schedule, and performance 

22 variances, and the effect such occurrence will 

23 have on future project costs and program 

24 schedule; 


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1 ‘‘(J) a statement regarding previous or an2 ticipated re-baselining or re-planning of the 

3 project and the names of the individuals respon4 sible for approval; 

5 ‘‘(K) the original life cycle cost of the in6 vestment and the expected life cycle cost of the 

7 investment expressed in constant base year dol8 lars and in current dollars; and 

9 ‘‘(L) a comprehensive plan of action to 

10 remedy the gross deviation, and milestones es11 tablished to control future cost, schedule, and 

12 performance deviations in the future. 

13 ‘‘(3) REMEDIAL ACTION.—If the Chief Informa14 tion Officer determines under paragraph (1) that an 

15 IT investment project has grossly deviated, the 

16 Agency Head, in consultation with the Chief Infor17 mation Officer, shall ensure that— 

18 ‘‘(A) a report is submitted to the appro19 priate congressional committees that— 

20 ‘‘(i) describes the primary business 

21 case and key functional requirements for 

22 the project; 

23 ‘‘(ii) describes any portions of the 

24 project that have technical requirements of 

25 sufficient clarity that such portions may be 


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1 feasibly procured under firm, fixed-price 

2 contract; 

3 ‘‘(iii) includes a certification by the 

4 Agency Head, after consultation with the 

5 Chief Information Officer, that all tech6 nical requirements have been reviewed and 

7 validated to ensure alignment with the re8 ported business case; 

9 ‘‘(iv) describes any changes to the pri10 mary business case or key functional re11 quirements which have occurred since 

12 project inception; and 

13 ‘‘(v) includes an independent cost esti14 mate for the project conducted by an enti15 ty approved by the Director; 

16 ‘‘(B) an analysis is submitted to the appro17 priate congressional committees that— 

18 ‘‘(i) describes agency business goals 

19 that the project was originally designed to 

20 address; 

21 ‘‘(ii) includes a gap analysis of what 

22 project deliverables remain in order for the 

23 agency to accomplish the business goals re24 ferred to in clause (i); 


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1 ‘‘(iii) identifies the 3 most cost-effec2 tive alternative approaches to the project 

3 which would achieve the business goals re4 ferred to in clause (i); and 

5 ‘‘(iv) includes a cost-benefit analysis, 

6 which compares— 

7 ‘‘(I) the completion of the project 

8 with the completion of each alter9 native approach, after factoring in fu10 ture costs associated with the termi11 nation of the project; and 

12 ‘‘(II) the termination of the 

13 project without pursuit of alternatives, 

14 after factoring in foregone benefits; 

15 and 

16 ‘‘(C) a new baseline of the project is estab17 lished that is consistent with the independent 

18 cost estimate required under subparagraph 

19 (A)(v); and 

20 ‘‘(D) the project is designated as a core IT 

21 investment project and subjected to the require22 ments under subsection (f). 

23 ‘‘(4) DEADLINE AND FUNDING CONTIN24 GENCY.— 


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1 ‘‘(A) NOTIFICATION AND REMEDIAL AC2 TION BASED ON QUARTERLY REPORT.— 

3 ‘‘(i) IN GENERAL.—If the determina4 tion of gross deviation is based on a report 

5 submitted under subsection (c)(1), the 

6 Agency Head shall— 

7 ‘‘(I) not later than 45 days after 

8 the end of the quarter upon which 

9 such report is based, notify the appro10 priate congressional committees in ac11 cordance with paragraph (2); and 

12 ‘‘(II) not later than 180 days 

13 after the end of the quarter upon 

14 which such report is based, ensure the 

15 completion of remedial action under 

16 paragraph (3). 

17 ‘‘(ii) FAILURE TO MEET DEAD18 LINES.—If the Agency Head fails to meet 

19 the deadlines described in clause (i)(II), 

20 additional funds may not be obligated to 

21 support expenditures associated with the 

22 project until the requirements of this sub23 section have been fulfilled. 

24 ‘‘(B) NOTIFICATION AND REMEDIAL AC25 TION BASED ON INTERIM REPORT.— 


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1 ‘‘(i) IN GENERAL.—If the determina2 tion of gross deviation is based on a report 

3 submitted under subsection (c)(2), the Sec4 retary shall— 

5 ‘‘(I) not later than 45 days after 

6 the submission of such report, notify 

7 the appropriate congressional commit8 tees in accordance with paragraph (2); 

9 and 

10 ‘‘(II) not later than 180 days 

11 after the submission of such report, 

12 ensure the completion of remedial ac13 tion in accordance with paragraph (3). 

14 ‘‘(ii) FAILURE TO MEET DEAD15 LINES.—If the Agency Head fails to meet 

16 the deadlines described in clause (i)(II), 

17 additional funds may not be obligated to 

18 support expenditures associated with the 

19 project until the requirements of this sub20 section have been fulfilled. 

21 ‘‘(f) ADDITIONAL REQUIREMENTS FOR CORE IT IN22 VESTMENT PROJECT REPORTS.— 

23 ‘‘(1) INITIAL REPORT.—If a report described in 

24 subsection (e)(3)(A) has not been submitted for a 

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1 ordination with the Chief Information Officer and 

2 responsible program managers, shall prepare an ini3 tial report for inclusion in the first budget submitted 

4 to Congress under section 1105(a) of title 31, 

5 United States Code, after the designation of a 

6 project as a core IT investment project, which in7 cludes— 

8 ‘‘(A) a description of the primary business 

9 case and key functional requirements for the 

10 project; 

11 ‘‘(B) an identification and description of 

12 any portions of the project that have technical 

13 requirements of sufficient clarity that such por14 tions may be feasibly procured under firm, 

15 fixed-price contracts; 

16 ‘‘(C) an independent cost estimate for the 

17 project; 

18 ‘‘(D) certification by the Chief Information 

19 Officer that all technical requirements have 

20 been reviewed and validated to ensure align21 ment with the reported business case; and 

22 ‘‘(E) any changes to the primary business 

23 case or key functional requirements which have 

24 occurred since project inception. 


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1 ‘‘(2) QUARTERLY REVIEW OF BUSINESS

2 CASE.—The Agency Head, in coordination with the 

3 Chief Information Officer and responsible program 

4 managers, shall— 

5 ‘‘(A) monitor the primary business case 

6 and core functionality requirements reported to 

7 Congress for designated core IT investment 

8 projects; and 

9 ‘‘(B) if changes to the primary business 

10 case or key functional requirements for a core 

11 IT investment project occur in any fiscal quar12 ter, submit a report to Congress not later than 

13 7 days after the end of such quarter that de14 tails the changes and describes the impact the 

15 changes will have on the cost and ultimate ef16 fectiveness of the project. 

17 ‘‘(3) ALTERNATIVE SIGNIFICANT DEVIATION

18 DETERMINATION.—If the Chief Information Officer 

19 determines, subsequent to a change in the primary 

20 business case or key functional requirements, that 

21 without such change the project would have signifi22 cantly deviated— 

23 ‘‘(A) the Chief Information Officer shall 

24 notify the Agency Head of the significant devi25 ation; and 


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1 ‘‘(B) the Agency Head shall fulfill the re2 quirements under subsection (d)(2) in accord3 ance with the deadlines under subsection (d)(3). 

4 ‘‘(4) ALTERNATIVE GROSS DEVIATION DETER5 MINATION.—If the Chief Information Officer deter6 mines, subsequent to a change in the primary busi7 ness case or key functional requirements, that with8 out such change the project would have grossly devi9 ated— 

10 ‘‘(A) the Chief Information Officer shall 

11 notify the Agency Head of the gross deviation; 

12 and 

13 ‘‘(B) the Agency Head shall fulfill the re14 quirements under subsections (e)(2) and (e)(3) 

15 in accordance with subsection (e)(4).’’. 

16 (b) INCLUSION IN THE BUDGET SUBMITTED TO CON17 GRESS.—Section 1105(a) of title 31, United States Code, 

18 is amended— 

19 (1) in the matter preceding paragraph (1), by 

20 striking ‘‘include in each budget the following:’’ and 

21 inserting ‘‘include in each budget—’’; 

22 (2) by redesignating the second paragraph (33) 

23 (as added by section 889(a) of Public Law 107–296) 

24 as paragraph (35); 


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1 (3) in each of paragraphs (1) through (34), by 

2 striking the period at the end and inserting a semi3 colon; 

4 (4) in paragraph (35) (as redesignated by para5 graph (2)), by striking the period at the end and in6 serting ‘‘; and’’; and 

7 (5) by adding at the end the following: 

8 ‘‘(36) the reports prepared under section 

9 11317(f) of title 40, United States Code, relating to 

10 the core IT investment projects of the agency.’’. 

11 (c) IMPROVEMENT OF INFORMATION TECHNOLOGY

12 ACQUISITION AND DEVELOPMENT.—Subchapter II of 

13 chapter 113 of title 40, United States Code, is amended 

14 by adding at the end the following: 

15 ‘‘SEC. 11319. ACQUISITION AND DEVELOPMENT. 

16 ‘‘(a) ESTABLISHMENT OF PROGRAMS.—Not later 

17 than 120 days after the date of the enactment of this sec18 tion, each Agency Head (as defined in section 11317(a) 

19 of title 49, United States Code) shall establish a program 

20 to improve the information technology (referred to in this 

21 section as ‘IT’) processes of the agency overseen by the 

22 Agency Head. 

23 ‘‘(b) PROGRAM REQUIREMENTS.—Each program es24 tablished pursuant to this section shall include— 


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1 ‘‘(1) a documented process for information 

2 technology acquisition planning, requirements devel3 opment and management, project management and 

4 oversight, earned-value management, and risk man5 agement; 

6 ‘‘(2) the development of appropriate metrics for 

7 performance measurement of— 

8 ‘‘(A) processes and development status; 

9 and 

10 ‘‘(B) continuous process improvement; 

11 ‘‘(3) a process to ensure that key program per12 sonnel have an appropriate level of experience or 

13 training in the planning, acquisition, execution, man14 agement, and oversight of information technology; 

15 and 

16 ‘‘(4) a process to ensure that the applicable de17 partment and subcomponents implement and adhere 

18 to established processes and requirements relating to 

19 the planning, acquisition, execution, management, 

20 and oversight of information technology programs 

21 and developments. 

22 ‘‘(c) OMB GUIDANCE.—The Director of the Office 

23 of Management and Budget shall— 


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1 ‘‘(1) prescribe uniformly applicable guidance to 

2 the administration of all the programs established 

3 under subsection (a); and 

4 ‘‘(2) take any actions that are necessary to en5 sure that Federal agencies comply with the guid6 ance. 

7 ‘‘(d) ANNUAL REPORT TO CONGRESS.—Not later 

8 than the last day of February of each year, the Agency 

9 Head shall submit a report to Congress that includes— 

10 ‘‘(1) a detailed summary of the accomplish11 ments of the program established by the Agency 

12 Head pursuant to this section; 

13 ‘‘(2) the status of completeness of implementa14 tion of each of the program requirements, and the 

15 date each such requirement was deemed to be com16 pleted; 

17 ‘‘(3) the percentage of Federal IT projects cov18 ered under the program compared to all of the IT 

19 projects of the agency, listed by number of programs 

20 and by annual dollars expended; 

21 ‘‘(4) the identification, listed by name and posi22 tion, of— 

23 ‘‘(A) the person assigned responsibility for 

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1 gram and the percent of such person’s time 

2 used to carry out such responsibility; and 

3 ‘‘(B) the person to whom the person de4 scribed in subparagraph (A) reports; 

5 ‘‘(5) a detailed breakdown of the sources and 

6 uses of the amounts spent by the agency during the 

7 previous fiscal year to support the activities of the 

8 program; 

9 ‘‘(6) a copy of any guidance issued under the 

10 program and a statement regarding whether each 

11 such guidance is mandatory; 

12 ‘‘(7) the identification of the metrics developed 

13 in accordance with subsection (b)(2); 

14 ‘‘(8) a description of how paragraphs (3) and 

15 (4) of subsection (b) have been implemented and any 

16 related agency guidance; and 

17 ‘‘(9) a description of how continuous process 

18 improvement has been implemented and the objec19 tives of such guidance.’’. 

20 (d) CLERICAL AMENDMENTS.—The table of sections 

21 for chapter 113 of title 40, United States Code, is amend22 ed— 

23 (1) by striking the item relating to section 

24 11317 and inserting the following: 

‘‘11317. Significant and gross deviations.’’; and 


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1 (2) by inserting after the item relating to sec2 tion 11318 the following: 

‘‘11319. Acquisition and development.’’. 

3 SEC. 3. IT STRIKE FORCE. 

4 (a) PURPOSE.—The Director of the Office of Man5 agement of Budget (referred to in this section as the ‘‘Di6 rector’’), in consultation with the Administrator of the Of7 fice of Electronic Government and Information and Tech8 nology at the Office of Management and Budget (referred 

9 to in this section as the ‘‘E-Gov Administrator’’), shall as10 sist agencies in avoiding significant and gross deviations 

11 in the cost, schedule, and performance of IT investment 

12 projects (as such terms are defined in section 11317(a) 

13 of title 40, United States Code). 

14 (b) IT STRIKE FORCE.— 

15 (1) ESTABLISHMENT.—Not later than 180 days 

16 after the date of the enactment of this Act, the E17 Gov Administrator shall establish a small group of 

18 individuals (referred to in this section as the ‘‘IT 

19 Strike Force’’) to carry out the purpose described in 

20 subsection (a). 

21 (2) QUALIFICATIONS.—Individuals selected for 

22 the IT Strike Force— 

23 (A) shall be certified at the Senior/Expert 

24 level according to the Federal Acquisition CerVerDate Aug 31 2005 04:37 Oct 02, 2008 Jkt 069200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6401 E:\BILLS\S3384.RS S3384

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1 tification for Program and Project Managers 

2 (FAC–P/PM); or 

3 (B) shall have comparable education, cer4 tification, training, and experience to success5 fully manage high-risk IT investment projects. 

6 (3) NUMBER.—The Director, in consultation 

7 with the E-Gov Administrator, shall determine the 

8 number of individuals who will be selected for the IT 

9 Strike Force. 

10 (c) OUTSIDE CONSULTANTS.— 

11 (1) IDENTIFICATION.—The E-Gov Adminis12 trator shall identify consultants in the private sector 

13 who have expert knowledge in IT program manage14 ment and program management review teams. Not 

15 more than 20 percent of such consultants may be 

16 formally associated with any 1 of the following types 

17 of entities: 

18 (A) Commercial firms. 

19 (B) Nonprofit entities. 

20 (C) Research and development corpora21 tions receiving Federal financial assistance. 

22 (2) USE OF CONSULTANTS.— 

23 (A) IN GENERAL.—Consultants identified 

24 under paragraph (1) may be used to assist the 


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1 IT Strike Force in assessing and improving IT 

2 investment projects. 

3 (B) LIMITATION.—Consultants with a for4 mally established relationship with an organiza5 tion may not participate in any assessment in6 volving an IT investment project for which such 

7 organization is under contract to provide tech8 nical support. 

9 (C) EXCEPTION.—The limitation described 

10 in subparagraph (B) may not be construed as 

11 precluding access to anyone having relevant in12 formation helpful to the conduct of the assess13 ment. 

14 (3) CONTRACTS.—The E-Gov Administrator, in 

15 conjunction with the Administrator of the General 

16 Services Administration (GSA), may establish com17 petitively bid contracts with 1 or more qualified con18 sultants, independent of any GSA schedule. 

19 (d) INITIAL RESPONSE TO ANTICIPATED SIGNIFI20 CANT OR GROSS DEVIATION.—If the E-Gov Administrator 

21 determines there is reasonable cause to believe that a 

22 major IT investment project is likely to significantly or 

23 grossly deviate (as defined in section 11317(a) of title 40, 

24 United States Code), including the receipt of inconsistent 


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1 or missing data, the E-Gov Administrator shall carry out 

2 the following activities: 

3 (1) Recommend the assignment of 1 or more 

4 members of the IT Strike Force to assess the project 

5 in accordance with the scope and time period de6 scribed in section 11317(c)(1) of title 40, United 

7 States Code, beginning not later than 7 days after 

8 such recommendation. No member of the Strike 

9 Force who is associated with the department or 

10 agency whose IT investment project is the subject of 

11 the assessment may be assigned to participate in 

12 this assessment. Such limitation may not be con13 strued as precluding access to anyone having rel14 evant information helpful to the conduct of the as15 sessment. 

16 (2) If the E-Gov Administrator determines that 

17 1 or more qualified consultants are needed to sup18 port the efforts of the IT Strike Force under para19 graph (1), negotiate a contract with the consultant 

20 to provide such support during the period in which 

21 the IT Strike Force is conducting the assessment 

22 described in paragraph (1). 

23 (3) Ensure that the costs of an assessment 

24 under paragraph (1) and the support services of 1 


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1 or more consultants under paragraph (2) are paid 

2 by the major IT investment project being assessed. 

3 (4) Monitor the progress made by the IT Strike 

4 Force in assessing the project. 

5 (e) REDUCTION OF SIGNIFICANT OR GROSS DEVI6 ATION.—If the E-Gov Administrator determines that the 

7 assessment conducted under subsection (d) confirms that 

8 a major IT investment project is likely to significantly or 

9 grossly deviate, the E-Gov Administrator shall recommend 

10 that the Agency Head (as defined in section 11317(a)(1) 

11 of title 40, United States Code) take steps to reduce the 

12 deviation, which may include— 

13 (1) providing training or mentoring to improve 

14 the qualifications of the program manager; 

15 (2) replacing the program manager or other 

16 staff; 

17 (3) supplementing the program management 

18 team with Federal Government employees or inde19 pendent contractors; 

20 (4) terminating the project; or 

21 (5) hiring an independent contractor to report 

22 directly to senior management and the E-Gov Ad23 ministrator. 

24 (f) REPROGRAMMING OF FUNDS.— 


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1 (1) AUTHORIZATION.—The Director may direct 

2 an Agency Head to reprogram amounts which have 

3 been appropriated for such agency to pay for an as4 sessment under subsection (d). 

5 (2) NOTIFICATION.—An Agency Head who re6 programs appropriations under paragraph (1) shall 

7 notify the Committee on Appropriations of the Sen8 ate and the Committee on Appropriations of the 

9 House of Representatives of any such reprogram10 ming. 

11 (g) REPORT TO CONGRESS.—The Director shall in12 clude in the annual Report to Congress on the Benefits 

13 of E-Government Initiatives a detailed summary of the 

14 composition and activities of the IT Strike Force, includ15 ing— 

16 (1) the number and qualifications of individuals 

17 on the IT Strike Force; 

18 (2) a description of the IT investment projects 

19 that the IT Strike Force has worked during the pre20 vious fiscal year; 

21 (3) the major issues that necessitated the in22 volvement of the IT Strike Force to assist agencies 

23 with assessing and managing IT investment projects 

24 and whether such issues were satisfactorily resolved; 


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1 (4) if the issues referred to in paragraph (3) 

2 were not satisfactorily resolved, the issues still need3 ed to be resolved and the Agency Head’s plan for re4 solving such issues; 

5 (5) a detailed breakdown of the sources and 

6 uses of the amounts spent by the Office of Manage7 ment and Budget and other Federal agencies during 

8 the previous fiscal year to support the activities of 

9 the IT Strike Force; and 

10 (6) a determination of whether the IT Strike 

11 Force has been effective in reducing the amount of 

12 IT investment projects that deviate or significantly 

13 deviate. 

14 SECTION 1. SHORT TITLE. 

15 This Act may be cited as the ‘‘Information Technology 

16 Investment Oversight Enhancement and Waste Prevention 

17 Act of 2008’’. 

18 SEC. 2. IT INVESTMENT PROJECTS. 

19 (a) SIGNIFICANT AND GROSS DEVIATIONS.—Section 

20 11317 of title 40, United States Code, is amended to read 

21 as follows: 

22 ‘‘SEC. 11317. SIGNIFICANT AND GROSS DEVIATIONS. 

23 ‘‘(a) DEFINITIONS.—In this subchapter: 

24 ‘‘(1) AGENCY HEAD.—The term ‘Agency Head’ 

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1 marily responsible for the IT investment project 

2 under review. 

3 ‘‘(2) ANSI EIA–748–B STANDARD.—The term 

4 ‘ANSI EIA–748–B Standard’ means the measurement 

5 tool jointly developed by the American National 

6 Standards Institute and the Electronic Industries Al7 liance to analyze Earned Value Management systems. 

8 ‘‘(3) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘appropriate congressional commit10 tees’ means— 

11 ‘‘(A) the Committee on Homeland Security 

12 and Governmental Affairs of the Senate; 

13 ‘‘(B) the Committee on Oversight and Gov14 ernment Reform of the House of Representatives; 

15 ‘‘(C) the Committee on Appropriations of 

16 the Senate; 

17 ‘‘(D) the Committee on Appropriations of 

18 the House of Representatives; and 

19 ‘‘(E) any other relevant congressional com20 mittee with jurisdiction over an agency required 

21 to take action under this section. 

22 ‘‘(4) CHIEF INFORMATION OFFICER.—The term 

23 ‘Chief Information Officer’ means the Chief Informa24 tion Officer designated under section 3506(a)(2) of 


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1 title 44 of the Federal agency that is primarily re2 sponsible for the IT investment project under review. 

3 ‘‘(5) CORE IT INVESTMENT PROJECT.—The terms 

4 ‘core IT investment project’ and ‘core project’ mean a 

5 mission critical IT investment project designated as 

6 such by the Chief Information Officer, with approval 

7 by the Agency Head under subsection (b). 

8 ‘‘(6) DIRECTOR.—The term ‘Director’ means the 

9 Director of the Office of Management and Budget. 

10 ‘‘(7) EARNED VALUE MANAGEMENT.—The term 

11 ‘Earned Value Management’ means the cost, perform12 ance, and schedule data used to determine project sta13 tus and developed in accordance with the ANSI EIA– 

14 748–B standard. 

15 ‘‘(8) GROSSLY DEVIATED.—The term ‘grossly de16 viated’ means cost, schedule, or performance variance 

17 that is at least 40 percent from the Original Baseline. 

18 ‘‘(9) INDEPENDENT GOVERNMENT COST ESTI19 MATE.—The term ‘independent government cost esti20 mate’ means a pragmatic and neutral analysis, as21 sessment, and quantification of all costs and risks as22 sociated with the acquisition of an IT investment 

23 project, which— 

24 ‘‘(A) is based on programmatic and tech25 nical specifications provided by the office within 


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1 the agency with primary responsibility for the 

2 development, procurement, and delivery of the 

3 project; 

4 ‘‘(B) is formulated and provided by an enti5 ty other than the office within the agency with 

6 primary responsibility for the development, pro7 curement, and delivery of the project; 

8 ‘‘(C) contains sufficient detail to inform the 

9 selection of an Earned Value Management base10 line benchmark measure under the ANSI EIA– 

11 748–B standard; and 

12 ‘‘(D) accounts for the full life cycle cost plus 

13 associated operations and maintenance expenses 

14 over the usable life of the project’s deliverables. 

15 ‘‘(10) IT INVESTMENT PROJECT.—The terms ‘IT 

16 investment project’ and ‘project’ mean an information 

17 technology system or acquisition that— 

18 ‘‘(A) requires special management attention 

19 because of its importance to the mission or func20 tion of the agency, a component of the agency, or 

21 another organization; 

22 ‘‘(B) is for financial management and obli23 gates more than $500,000 annually; 

24 ‘‘(C) has significant program or policy im25 plications; 


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1 ‘‘(D) has high executive visibility; 

2 ‘‘(E) has high development, operating, or 

3 maintenance costs; 

4 ‘‘(F) is funded through other than direct ap5 propriations; or 

6 ‘‘(G) is defined as major by the agency’s 

7 capital planning and investment control process. 

8 ‘‘(11) LIFE CYCLE COST.—The term ‘life cycle 

9 cost’ means the total cost of an IT investment project 

10 for planning, research and development, moderniza11 tion, enhancement, operation, and maintenance. 

12 ‘‘(12) ORIGINAL BASELINE.— 

13 ‘‘(A) IN GENERAL.—Except as provided 

14 under subparagraph (B), the term ‘Original 

15 Baseline’ means the ANSI EIA–748–B Stand16 ard-compliant Earned Value Management bench17 mark established at the commencement of an IT 

18 investment project. 

19 ‘‘(B) GROSSLY DEVIATED PROJECT.—If an 

20 IT investment project grossly deviates from its 

21 Original Baseline (as defined in subparagraph 

22 (A)), the term ‘Original Baseline’ means the 

23 ANSI EIA–748–B Standard-compliant Earned 

24 Value Management benchmark established under 

25 subsection (e)(3)(C). 


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1 ‘‘(13) SIGNIFICANTLY DEVIATED.—The term ‘sig2 nificantly deviated’ means Earned Value Manage3 ment variance that is at least 20 percent from the 

4 Original Baseline. 

5 ‘‘(b) CORE IT INVESTMENT PROJECTS DESIGNA6 TION.—Except as provided under paragraph (2), each Chief 

7 Information Officer, with approval by the Agency Head, 

8 shall— 

9 ‘‘(1) identify the major IT investments that are 

10 the most critical to the agency; and 

11 ‘‘(2) designate those most mission critical IT in12 vestment projects as ‘core IT investment projects’ or 

13 ‘core projects’, after considering, among other fac14 tors— 

15 ‘‘(A) whether the project represents a sig16 nificant high-dollar value relative to the average 

17 IT investment project in the agency’s portfolio; 

18 ‘‘(B) whether the project delivers a capa19 bility critical to the successful completion of the 

20 agency mission, or a portion of such mission; 

21 ‘‘(C) whether the project incorporates 

22 unproven or previously undeveloped technology 

23 to meet primary project technical requirements; 

24 or 


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1 ‘‘(D) whether the project would have a sig2 nificant negative impact on the successful com3 pletion of the agency mission if the project expe4 rienced significant cost, schedule, or performance 

5 deviations. 

6 ‘‘(c) COST, SCHEDULE, AND PERFORMANCE RE7 PORTS.— 

8 ‘‘(1) QUARTERLY REPORTS.—Not later than 14 

9 days after the end of each fiscal quarter, the project 

10 manager for an IT investment project shall submit a 

11 written report to the Chief Information Officer that 

12 includes, as of the last day of the applicable quar13 ter— 

14 ‘‘(A) a description of the cost, schedule, and 

15 performance of all projects under the project 

16 manager’s supervision; 

17 ‘‘(B) the original and current project cost, 

18 schedule, and performance benchmarks for each 

19 project under the project manager’s supervision; 

20 ‘‘(C) the quarterly and cumulative cost, 

21 schedule, and performance variance related to 

22 each IT investment project under the project 

23 manager’s supervision since the commencement 

24 of the project; 


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1 ‘‘(D) for each project under the project man2 ager’s supervision, any known, expected, or an3 ticipated changes to project schedule milestones 

4 or project performance benchmarks included as 

5 part of the original or current baseline descrip6 tion; 

7 ‘‘(E) the current cost, schedule, and per8 formance status of all projects under supervision 

9 that were previously identified as significantly 

10 deviated or grossly deviated; and 

11 ‘‘(F) any corrective actions taken to address 

12 problems discovered under subparagraphs (C) 

13 through (E). 

14 ‘‘(2) INTERIM REPORTS.—If the project manager 

15 for an IT investment project determines that there is 

16 reasonable cause to believe that an IT investment 

17 project has significantly deviated or grossly deviated 

18 since the issuance of the latest quarterly report, the 

19 project manager shall submit to the Chief Information 

20 Officer, not later than 14 days after such determina21 tion, a report on the project that includes, as of the 

22 date of the report— 

23 ‘‘(A) a description of the original and cur24 rent program cost, schedule, and performance 

25 benchmarks; 


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1 ‘‘(B) the cost, schedule, or performance vari2 ance related to the IT investment project since 

3 the commencement of the project; 

4 ‘‘(C) any known, expected, or anticipated 

5 changes to the project schedule milestones or 

6 project performance benchmarks included as part 

7 of the original or current baseline description; 

8 ‘‘(D) the major reasons underlying the sig9 nificant or gross deviation of the project; and 

10 ‘‘(E) a corrective action plan to correct such 

11 deviations. 

12 ‘‘(d) DETERMINATION OF SIGNIFICANT DEVIATION.— 

13 ‘‘(1) CHIEF INFORMATION OFFICER.—Upon re14 ceiving a report under subsection (c), the Chief Infor15 mation Officer shall— 

16 ‘‘(A) determine if any IT investment project 

17 has significantly deviated; and 

18 ‘‘(B) report such determination to the Agen19 cy Head. 

20 ‘‘(2) CONGRESSIONAL NOTIFICATION.—If the 

21 Chief Information Officer determines under para22 graph (1) that an IT investment project has signifi23 cantly deviated and the Agency Head has not issued 

24 a report to the appropriate congressional committees 

25 of a significant deviation for that project under this 


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1 section since the project was last required to be re2 baselined under this section, the Agency Head shall 

3 submit a report to the appropriate congressional com4 mittees, the Director, and the Government Account5 ability Office that includes— 

6 ‘‘(A) written notification of such determina7 tion; 

8 ‘‘(B) the date on which such determination 

9 was made; 

10 ‘‘(C) the amount of the cost increases and 

11 the extent of the schedule delays with respect to 

12 such project; 

13 ‘‘(D) any requirements that— 

14 ‘‘(i) were added subsequent to the origi15 nal contract; or 

16 ‘‘(ii) were originally contracted for, but 

17 were changed by deferment or deletion from 

18 the original schedule, or were otherwise no 

19 longer included in the requirements con20 tracted for; 

21 ‘‘(E) an explanation of the differences be22 tween— 

23 ‘‘(i) the estimate at completion between 

24 the project manager, any contractor, and 

25 any independent analysis; and 


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1 ‘‘(ii) the original budget at completion; 

2 ‘‘(F) a statement of the reasons underlying 

3 the project’s significant deviation; and 

4 ‘‘(G) a summary of the plan of action to 

5 remedy the significant deviation. 

6 ‘‘(3) DEADLINE.— 

7 ‘‘(A) NOTIFICATION BASED ON QUARTERLY

8 REPORT.—If the determination of significant de9 viation is based on a report submitted under 

10 subsection (b)(1), the Agency Head shall notify 

11 Congress and the Director in accordance with 

12 paragraph (2) not later than 21 days after the 

13 end of the quarter upon which such report is 

14 based. 

15 ‘‘(B) NOTIFICATION BASED ON INTERIM RE16 PORT.—If the determination of significant devi17 ation is based on a report submitted under sub18 section (b)(2), the Agency Head shall notify Con19 gress and the Director in accordance with para20 graph (2) not later than 21 days after the sub21 mission of such report. 

22 ‘‘(e) DETERMINATION OF GROSS DEVIATION.— 

23 ‘‘(1) CHIEF INFORMATION OFFICER.—Upon re24 ceiving a report under subsection (c), the Chief Infor25 mation Officer shall— 


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1 ‘‘(A) determine if any IT investment project 

2 has grossly deviated; and 

3 ‘‘(B) report any such determination to the 

4 Agency Head. 

5 ‘‘(2) CONGRESSIONAL NOTIFICATION.—If the 

6 Chief Information Officer determines under para7 graph (1) that an IT investment project has grossly 

8 deviated and the Agency Head has not issued a report 

9 to the appropriate congressional committees of a gross 

10 deviation for that project under this section since the 

11 project was last required to be re-baselined under this 

12 section, the Agency Head shall submit a report to the 

13 appropriate congressional committees, the Director, 

14 and the Government Accountability Office that in15 cludes— 

16 ‘‘(A) written notification of such determina17 tion, which states— 

18 ‘‘(i) the date on which such determina19 tion was made; and 

20 ‘‘(ii) an indication of whether or not 

21 the project has been previously reported as 

22 a significant or gross deviation by the Chief 

23 Information Officer, and the date of any 

24 such report; 


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1 ‘‘(B) incorporations by reference of all prior 

2 reports to Congress on the project required under 

3 this section; 

4 ‘‘(C) updated accounts of the items de5 scribed in subparagraphs (C) through (H) of 

6 subsection (d)(2); 

7 ‘‘(D) the original estimate at completion for 

8 the project manager, any contractor, and any 

9 independent analysis; 

10 ‘‘(E) a graphical depiction that shows 

11 monthly planned expenditures against actual ex12 penditures since the commencement of the 

13 project; 

14 ‘‘(F) the amount, if any, of incentive or 

15 award fees any contractor has received since the 

16 commencement of the contract and the reasons 

17 for receiving such incentive or award fees; 

18 ‘‘(G) the project manager’s estimated cost at 

19 completion and estimated completion date for the 

20 project if current requirements are not modified; 

21 ‘‘(H) the project manager’s estimated cost at 

22 completion and estimated completion date for the 

23 project based on reasonable modification of such 

24 requirements; 


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1 ‘‘(I) an explanation of the most significant 

2 occurrence contributing to the variance identi3 fied, including cost, schedule, and performance 

4 variances, and the effect such occurrence will 

5 have on future project costs and program sched6 ule; 

7 ‘‘(J) a statement regarding previous or an8 ticipated re-baselining or re-planning of the 

9 project and the names of the individuals respon10 sible for approval; 

11 ‘‘(K) the original life cycle cost of the in12 vestment and the expected life cycle cost of the 

13 investment expressed in constant base year dol14 lars and in current dollars; and 

15 ‘‘(L) a comprehensive plan of action to rem16 edy the gross deviation, and milestones estab17 lished to control future cost, schedule, and per18 formance deviations in the future. 

19 ‘‘(3) REMEDIAL ACTION.— 

20 ‘‘(A) IN GENERAL.—If the Chief Informa21 tion Officer determines under paragraph (1) that 

22 an IT investment project has grossly deviated, 

23 the Agency Head, in consultation with the Chief 

24 Information Officer, shall develop and imple25 ment a remedial action plan that includes— 


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1 ‘‘(i) a report that— 

2 ‘‘(I) describes the primary busi3 ness case and key functional require4 ments for the project; 

5 ‘‘(II) describes any portions of the 

6 project that have technical require7 ments of sufficient clarity that such 

8 portions may be feasibly procured 

9 under firm, fixed-price contract; 

10 ‘‘(III) includes a certification by 

11 the Agency Head, after consultation 

12 with the Chief Information Officer, 

13 that all technical requirements have 

14 been reviewed and validated to ensure 

15 alignment with the reported business 

16 case; 

17 ‘‘(IV) describes any changes to the 

18 primary business case or key func19 tional requirements which have oc20 curred since project inception; and 

21 ‘‘(V) includes an independent gov22 ernment cost estimate for the project 

23 conducted by an entity approved by 

24 the Director; 

25 ‘‘(ii) an analysis that— 


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1 ‘‘(I) describes agency business 

2 goals that the project was originally 

3 designed to address; 

4 ‘‘(II) includes a gap analysis of 

5 what project deliverables remain in 

6 order for the agency to accomplish the 

7 business goals referred to in subclause 

8 (I); 

9 ‘‘(III) identifies the 3 most cost-ef10 fective alternative approaches to the 

11 project which would achieve the busi12 ness goals referred to in subclause (I); 

13 and 

14 ‘‘(IV) includes a cost-benefit anal15 ysis, which compares— 

16 ‘‘(aa) the completion of the 

17 project with the completion of 

18 each alternative approach, after 

19 factoring in future costs associ20 ated with the termination of the 

21 project; and 

22 ‘‘(bb) the termination of the 

23 project without pursuit of alter24 natives, after factoring in foregone 

25 benefits; and 


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1 ‘‘(iii) a new baseline of the project is 

2 established that is consistent with the inde3 pendent government cost estimate required 

4 under clause (i)(V); and 

5 ‘‘(iv) the project is designated as a core 

6 IT investment project and subjected to the 

7 requirements under subsection (f). 

8 ‘‘(B) SUBMISSION TO CONGRESS.—The re9 medial action plan and all corresponding re10 ports, analyses, and actions under this para11 graph shall be submitted to the appropriate con12 gressional committees and the Director. 

13 ‘‘(C) REPORTING AND ANALYSIS EXEMP14 TIONS.— 

15 ‘‘(i) IN GENERAL.—The Chief Informa16 tion Officer, in coordination with the Agen17 cy Head and the Director, may forego the 

18 completion of any element of a report or 

19 analysis under clause (i) or (ii) of subpara20 graph (A) if the Chief Information Officer 

21 determines that such element is not relevant 

22 to the understanding of the difficulties fac23 ing the project or further continuation of 

24 the project in a timely and cost-efficient 

25 manner. 


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1 ‘‘(ii) IDENTIFICATION OF REASONS.— 

2 The Chief Information Officer shall include 

3 the reasons for not including any element 

4 referred to in clause (i) in the report sub5 mitted to Congress under subparagraph (B). 

6 ‘‘(4) DEADLINE AND FUNDING CONTINGENCY.— 

7 ‘‘(A) NOTIFICATION AND REMEDIAL ACTION

8 BASED ON QUARTERLY REPORT.— 

9 ‘‘(i) IN GENERAL.—If the determina10 tion of gross deviation is based on a report 

11 submitted under subsection (c)(1), the Agen12 cy Head shall— 

13 ‘‘(I) not later than 45 days after 

14 the end of the quarter upon which such 

15 report is based, notify the appropriate 

16 congressional committees and the Di17 rector in accordance with paragraph 

18 (2); and 

19 ‘‘(II) not later than 180 days 

20 after the end of the quarter upon which 

21 such report is based, ensure the comple22 tion of remedial action under para23 graph (3). 

24 ‘‘(ii) FAILURE TO MEET DEADLINES.— 

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1 lines described in clause (i)(II), additional 

2 funds may not be obligated to support ex3 penditures associated with the project until 

4 the requirements of this subsection have 

5 been fulfilled. 

6 ‘‘(B) NOTIFICATION AND REMEDIAL ACTION

7 BASED ON INTERIM REPORT.— 

8 ‘‘(i) IN GENERAL.—If the determina9 tion of gross deviation is based on a report 

10 submitted under subsection (c)(2), the Agen11 cy Head shall— 

12 ‘‘(I) not later than 45 days after 

13 the submission of such report, notify 

14 the appropriate congressional commit15 tees in accordance with paragraph (2); 

16 and 

17 ‘‘(II) not later than 180 days 

18 after the submission of such report, en19 sure the completion of remedial action 

20 in accordance with paragraph (3). 

21 ‘‘(ii) FAILURE TO MEET DEADLINES.— 

22 If the Agency Head fails to meet the dead23 lines described in clause (i)(II), additional 

24 funds may not be obligated to support ex25 penditures associated with the project until 


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1 the requirements of this subsection have 

2 been fulfilled. 

3 ‘‘(f) ADDITIONAL REQUIREMENTS FOR CORE IT IN4 VESTMENT PROJECT REPORTS.— 

5 ‘‘(1) INITIAL REPORT.—If a report described in 

6 subsection (e)(3)(A) has not been submitted for a core 

7 IT investment project, the Agency Head, in coordina8 tion with the Chief Information Officer and respon9 sible program managers, shall prepare an initial re10 port for inclusion in the first budget submitted to 

11 Congress under section 1105(a) of title 31, United 

12 States Code, after the designation of a project as a 

13 core IT investment project, which includes— 

14 ‘‘(A) a description of the primary business 

15 case and key functional requirements for the 

16 project; 

17 ‘‘(B) an identification and description of 

18 any portions of the project that have technical 

19 requirements of sufficient clarity that such por20 tions may be feasibly procured under firm, fixed21 price contracts; 

22 ‘‘(C) an independent cost estimate for the 

23 project; 

24 ‘‘(D) certification by the Chief Information 

25 Officer that all technical requirements have been 


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1 reviewed and validated to ensure alignment with 

2 the reported business case; and 

3 ‘‘(E) any changes to the primary business 

4 case or key functional requirements which have 

5 occurred since project inception. 

6 ‘‘(2) QUARTERLY REVIEW OF BUSINESS CASE.— 

7 The Agency Head, in coordination with the Chief In8 formation Officer and responsible program managers, 

9 shall— 

10 ‘‘(A) monitor the primary business case and 

11 core functionality requirements reported to Con12 gress and the Director for designated core IT in13 vestment projects; and 

14 ‘‘(B) if changes to the primary business case 

15 or key functional requirements for a core IT in16 vestment project occur in any fiscal quarter, sub17 mit a report to Congress and the Director not 

18 later than 14 days after the end of such quarter 

19 that details the changes and describes the impact 

20 the changes will have on the cost and ultimate 

21 effectiveness of the project. 

22 ‘‘(3) ALTERNATIVE SIGNIFICANT DEVIATION DE23 TERMINATION.—If the Chief Information Officer de24 termines, subsequent to a change in the primary busi25 ness case or key functional requirements, that without 


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1 such change the project would have significantly devi2 ated— 

3 ‘‘(A) the Chief Information Officer shall no4 tify the Agency Head of the significant devi5 ation; and 

6 ‘‘(B) the Agency Head shall fulfill the re7 quirements under subsection (d)(2) in accordance 

8 with the deadlines under subsection (d)(3). 

9 ‘‘(4) ALTERNATIVE GROSS DEVIATION DETER10 MINATION.—If the Chief Information Officer deter11 mines, subsequent to a change in the primary busi12 ness case or key functional requirements, that without 

13 such change the project would have grossly deviated— 

14 ‘‘(A) the Chief Information Officer shall no15 tify the Agency Head of the gross deviation; and 

16 ‘‘(B) the Agency Head shall fulfill the re17 quirements under subsections (e)(2) and (e)(3) in 

18 accordance with subsection (e)(4).’’. 

19 (b) INCLUSION IN THE BUDGET SUBMITTED TO CON20 GRESS.—Section 1105(a) of title 31, United States Code, 

21 is amended— 

22 (1) in the matter preceding paragraph (1), by 

23 striking ‘‘include in each budget the following:’’ and 

24 inserting ‘‘include in each budget—’’; 


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1 (2) by redesignating the second paragraph (33) 

2 (as added by section 889(a) of Public Law 107–296) 

3 as paragraph (35); 

4 (3) in each of paragraphs (1) through (34), by 

5 striking the period at the end and inserting a semi6 colon; 

7 (4) in paragraph (35) (as redesignated by para8 graph (2)), by striking the period at the end and in9 serting ‘‘; and’’; and 

10 (5) by adding at the end the following: 

11 ‘‘(36) the reports prepared under section 

12 11317(f) of title 40, United States Code, relating to 

13 the core IT investment projects of the agency.’’. 

14 (c) IMPROVEMENT OF INFORMATION TECHNOLOGY AC15 QUISITION AND DEVELOPMENT.—Subchapter II of chapter 

16 113 of title 40, United States Code, is amended by adding 

17 at the end the following: 

18 ‘‘SEC. 11319. ACQUISITION AND DEVELOPMENT. 

19 ‘‘(a) ESTABLISHMENT OF PROGRAMS.—Not later than 

20 120 days after the date of the enactment of this section, each 

21 Chief Information Officer, upon the approval of the Agency 

22 Head (as defined in section 11317(a) of title 40, United 

23 States Code) shall establish a program to improve the infor24 mation technology (referred to in this section as ‘IT’) proc25 esses overseen by the Chief Information Officer. 


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1 ‘‘(b) PROGRAM REQUIREMENTS.—Each program es2 tablished pursuant to this section shall include— 

3 ‘‘(1) a documented process for information tech4 nology acquisition planning, requirements develop5 ment and management, project management and 

6 oversight, earned-value management, and risk man7 agement; 

8 ‘‘(2) the development of appropriate metrics for 

9 performance measurement of— 

10 ‘‘(A) processes and development status; 

11 ‘‘(B) continuous process improvement; and 

12 ‘‘(C) achievement of project outcomes; 

13 ‘‘(3) a process to ensure that key program per14 sonnel have an appropriate level of experience and 

15 training and education, at an institution or institu16 tions approved by the Director, in the planning, ac17 quisition, execution, management, and oversight of 

18 information technology; 

19 ‘‘(4) a process to ensure that the applicable de20 partment and subcomponents implement and adhere 

21 to established processes and requirements relating to 

22 the planning, acquisition, execution, management, 

23 and oversight of information technology programs 

24 and developments; and 


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1 ‘‘(5) a process for the Chief Information Officer 

2 to intervene or stop the funding of an IT investment 

3 if it is at risk of not achieving major project mile4 stones. 

5 ‘‘(c) OMB GUIDANCE.—The Director of the Office of 

6 Management and Budget shall— 

7 ‘‘(1) prescribe uniformly applicable guidance to 

8 the administration of all the programs established 

9 under subsection (a); and 

10 ‘‘(2) take any actions that are necessary to en11 sure that Federal agencies comply with the guidance. 

12 ‘‘(d) ANNUAL REPORT TO CONGRESS.—Not later than 

13 the last day of February of each year, the Agency Head 

14 shall submit a report to Congress that includes— 

15 ‘‘(1) a detailed summary of the accomplishments 

16 of the program established by the Agency Head pursu17 ant to this section; 

18 ‘‘(2) the status of completeness of implementation 

19 of each of the program requirements, and the date 

20 each such requirement was deemed to be completed; 

21 ‘‘(3) the percentage of Federal IT projects covered 

22 under the program compared to all of the IT projects 

23 of the agency, listed by number of programs and by 

24 annual dollars expended; 


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1 ‘‘(4) a detailed breakdown of the sources and uses 

2 of the amounts spent by the agency during the pre3 vious fiscal year to support the activities of the pro4 gram; 

5 ‘‘(5) a copy of any guidance issued under the 

6 program and a statement regarding whether each 

7 such guidance is mandatory; 

8 ‘‘(6) the identification of the metrics developed in 

9 accordance with subsection (b)(2); 

10 ‘‘(7) a description of how paragraphs (3) and (4) 

11 of subsection (b) have been implemented and any re12 lated agency guidance; and 

13 ‘‘(8) a description of how continuous process im14 provement has been implemented and the objectives of 

15 such guidance.’’. 

16 (d) CLERICAL AMENDMENTS.—The table of sections for 

17 chapter 113 of title 40, United States Code, is amended— 

18 (1) by striking the item relating to section 11317 

19 and inserting the following: 

‘‘11317. Significant and gross deviations.’’; 

20 and 

21 (2) by inserting after the item relating to section 

22 11318 the following: 

‘‘11319. Acquisition and development.’’. 


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1 SEC. 3. IT STRIKE FORCE. 

2 (a) PURPOSE.—The Director of the Office of Manage3 ment of Budget (referred to in this section as the ‘‘Direc4 tor’’), in consultation with the Administrator of the Office 

5 of Electronic Government and Information and Technology 

6 at the Office of Management and Budget (referred to in this 

7 section as the ‘‘E–Gov Administrator’’), shall assist agen8 cies in avoiding significant and gross deviations in the cost, 

9 schedule, and performance of IT investment projects (as 

10 such terms are defined in section 11317(a) of title 40, 

11 United States Code). 

12 (b) IT STRIKE FORCE.— 

13 (1) ESTABLISHMENT.—Not later than 180 days 

14 after the date of the enactment of this Act, the E–Gov 

15 Administrator shall establish a small group of indi16 viduals (referred to in this section as the ‘‘IT Strike 

17 Force’’) to carry out the purpose described in sub18 section (a). 

19 (2) QUALIFICATIONS.—Individuals selected for 

20 the IT Strike Force— 

21 (A) shall be certified at the Senior/Expert 

22 level according to the Federal Acquisition Cer23 tification for Program and Project Managers 

24 (FAC–P/PM); or 


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1 (B) shall have comparable education, cer2 tification, training, and experience to success3 fully manage high-risk IT investment projects. 

4 (3) NUMBER.—The Director, in consultation 

5 with the E–Gov Administrator, shall determine the 

6 number of individuals who will be selected for the IT 

7 Strike Force. 

8 (c) OUTSIDE CONSULTANTS.— 

9 (1) IDENTIFICATION.—The E–Gov Administrator 

10 shall identify consultants in the private sector who 

11 have expert knowledge in IT program management 

12 and program management review teams. Not more 

13 than 20 percent of such consultants may be formally 

14 associated with any one of the following types of enti15 ties: 

16 (A) Commercial firms. 

17 (B) Nonprofit entities. 

18 (C) Federally funded research and develop19 ment centers. 

20 (2) USE OF CONSULTANTS.— 

21 (A) IN GENERAL.—Consultants identified 

22 under paragraph (1) may be used to assist the 

23 IT Strike Force in assessing and improving IT 

24 investment projects. 


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1 (B) LIMITATION.—Consultants with a for2 mally established relationship with an organiza3 tion may not participate in any assessment in4 volving an IT investment project for which such 

5 organization is under contract to provide tech6 nical support. 

7 (C) EXCEPTION.—The limitation described 

8 in subparagraph (B) may not be construed as 

9 precluding access to anyone having relevant in10 formation helpful to the conduct of the assess11 ment. 

12 (3) CONTRACTS.—The E–Gov Administrator, in 

13 conjunction with the Administrator of the General 

14 Services Administration (GSA), may establish com15 petitively bid contracts with one or more qualified 

16 consultants, independent of any GSA schedule. 

17 (d) INITIAL RESPONSE TO ANTICIPATED SIGNIFICANT

18 OR GROSS DEVIATION.—If the E–Gov Administrator deter19 mines there is reasonable cause to believe that a major IT 

20 investment project is likely to significantly or grossly devi21 ate (as defined in section 11317(a) of title 40, United States 

22 Code), including the receipt of inconsistent or missing data, 

23 the E–Gov Administrator shall carry out the following ac24 tivities: 


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1 (1) Recommend the assignment of one or more 

2 members of the IT Strike Force to assess the project 

3 in accordance with the scope and time period de4 scribed in section 11317(c)(1) of title 40, United 

5 States Code, beginning not later than 14 days after 

6 such recommendation. No member of the Strike Force 

7 who is associated with the department or agency 

8 whose IT investment project is the subject of the as9 sessment may be assigned to participate in this as10 sessment. Such limitation may not be construed as 

11 precluding access to anyone having relevant informa12 tion helpful to the conduct of the assessment. 

13 (2) If the E–Gov Administrator determines that 

14 one or more qualified consultants are needed to sup15 port the efforts of the IT Strike Force under para16 graph (1), negotiate a contract with the consultant to 

17 provide such support during the period in which the 

18 IT Strike Force is conducting the assessment de19 scribed in paragraph (1). 

20 (3) Ensure that the costs of an assessment under 

21 paragraph (1) and the support services of one or more 

22 consultants under paragraph (2) are paid by the 

23 major IT investment project being assessed. 

24 (4) Monitor the progress made by the IT Strike 

25 Force in assessing the project. 


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1 (e) REDUCTION OF SIGNIFICANT OR GROSS DEVI2 ATION.—If the E–Gov Administrator determines that the 

3 assessment conducted under subsection (d) confirms that a 

4 major IT investment project is likely to significantly or 

5 grossly deviate, the E–Gov Administrator shall recommend 

6 that the Agency Head (as defined in section 11317(a)(1) 

7 of title 40, United States Code) take steps to reduce the devi8 ation, which may include— 

9 (1) providing training, education, or mentoring 

10 to improve the qualifications of the program man11 ager; 

12 (2) replacing the program manager or other 

13 staff; 

14 (3) supplementing the program management 

15 team with Federal Government employees or inde16 pendent contractors; 

17 (4) terminating the project; or 

18 (5) hiring an independent contractor to report 

19 directly to senior management and the E–Gov Ad20 ministrator. 

21 (f) REPROGRAMMING OF FUNDS.— 

22 (1) AUTHORIZATION.—The Director may direct 

23 an Agency Head to reprogram amounts which have 

24 been appropriated for such agency to pay for an as25 sessment under subsection (d). 


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1 (2) NOTIFICATION.—An Agency Head who repro2 grams appropriations under paragraph (1) shall no3 tify the Committee on Appropriations of the Senate 

4 and the Committee on Appropriations of the House of 

5 Representatives of any such reprogramming. 

6 (g) REPORT TO CONGRESS.—The Director shall in7 clude in the annual Report to Congress on the Benefits of 

8 E–Government Initiatives a detailed summary of the com9 position and activities of the IT Strike Force, including— 

10 (1) the number and qualifications of individuals 

11 on the IT Strike Force; 

12 (2) a description of the IT investment projects 

13 that the IT Strike Force has worked during the pre14 vious fiscal year; 

15 (3) the major issues that necessitated the involve16 ment of the IT Strike Force to assist agencies with as17 sessing and managing IT investment projects and 

18 whether such issues were satisfactorily resolved; 

19 (4) if the issues referred to in paragraph (3) 

20 were not satisfactorily resolved, the issues still needed 

21 to be resolved and the Agency Head’s plan for resolv22 ing such issues; 

23 (5) a detailed breakdown of the sources and uses 

24 of the amounts spent by the Office of Management 

25 and Budget and other Federal agencies during the 


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1 previous fiscal year to support the activities of the IT 

2 Strike Force; and 

3 (6) a determination of whether the IT Strike 

4 Force has been effective in— 

5 (A) preventing projects from deviating from 

6 the original baseline; and 

7 (B) assisting agencies in conducting appro8 priate analysis and planning before a project is 

9 funded. 


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Calendar No. 1104 

110TH CONGRESS 

2D SESSION S. 3384 

A BILL 

To amend section 11317 of title 40, United States 

O

overruns on Federal IT investment projects. Code, to require greater accountability for cost 

CTOBER 1 (legislative day, SEPTEMBER 17), 2008 

Reported with an amendment 


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