[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3384 Introduced in Senate (IS)]







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, and 
Mrs. McCaskill) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend section 11317 of title 40, United States Code, to require 
   greater accountability for cost overruns on Federal IT investment 
                               projects.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Information Technology Investment 
Oversight Enhancement and Waste Prevention Act of 2008''.

SEC. 2. IT INVESTMENT PROJECTS.

    (a) Significant and Gross Deviations.--Section 11317 of title 40, 
United States Code, is amended to read as follows:

``SEC. 11317. SIGNIFICANT AND GROSS DEVIATIONS.

    ``(a) Definitions.--In this subchapter:
            ``(1) Agency head.--The term `Agency Head' means the head 
        of the Federal agency that is primarily responsible for the IT 
        investment project under review.
            ``(2) ANSI eia-748 standard.--The term `ANSI EIA-748 
        Standard' means the measurement tool jointly developed by the 
        American National Standards Institute and the Electronic 
        Industries Alliance to analyze earned value management systems.
            ``(3) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means--
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    ``(B) the Committee on Oversight and Government 
                Reform of the House of Representatives;
                    ``(C) the Committee on Appropriations of the 
                Senate;
                    ``(D) the Committee on Appropriations of the House 
                of Representatives; and
                    ``(E) any other relevant congressional committee 
                with jurisdiction over an agency required to take 
                action under this section.
            ``(4) Chief information officer.--The term `Chief 
        Information Officer' means the Chief Information Officer 
        designated under section 3506(a)(2) of title 44 of the Federal 
        agency that is primarily responsible for the IT investment 
        project under review.
            ``(5) Core it investment project.--The terms `core IT 
        investment project' and `core project' mean a mission critical 
        IT investment project jointly designated as such by the Agency 
        Head and the Director under subsection (b).
            ``(6) Director.--The term `Director' means the Director of 
        the Office of Management and Budget.
            ``(7) Grossly deviated.--The term `grossly deviated' means 
        cost, schedule, or performance variance that is at least 40 
        percent from the Original Baseline.
            ``(8) Independent cost estimate.--The term `independent 
        cost estimate' means a pragmatic and neutral analysis, 
        assessment, and quantification of all costs and risks 
        associated with the acquisition of an IT investment project, 
        which--
                    ``(A) is based on programmatic and technical 
                specifications provided by the office within the agency 
                with primary responsibility for the development, 
                procurement, and delivery of the project;
                    ``(B) is formulated and provided by an entity other 
                than the office within the agency with primary 
                responsibility for the development, procurement, and 
                delivery of the project;
                    ``(C) contains sufficient detail to inform the 
                selection of a baseline benchmark measure under the 
                ANSI EIA-748 standard; and
                    ``(D) accounts for the full life cycle cost plus 
                associated operations and maintenance expenses over the 
                usable life of the project's deliverables.
            ``(9) IT investment project.--The terms `IT investment 
        project' and `project' mean an information technology system or 
        acquisition that--
                    ``(A) requires special management attention because 
                of its importance to the mission or function of the 
                agency, a component of the agency, or another 
                organization;
                    ``(B) is for financial management and obligates 
                more than $500,000 annually;
                    ``(C) has significant program or policy 
                implications;
                    ``(D) has high executive visibility;
                    ``(E) has high development, modernization, or 
                enhancement costs;
                    ``(F) is funded through other than direct 
                appropriations; or
                    ``(G) is defined as major by the agency's capital 
                planning and investment control process.
            ``(10) Life cycle cost.--The term `life cycle cost' means 
        the total cost of an IT investment project for planning, 
        research and development, modernization, and enhancement.
            ``(11) Original baseline.--
                    ``(A) In general.--Except as provided under 
                subparagraph (B), the term `Original Baseline' means 
                the ANSI EIA-748 Standard-compliant cost, schedule, and 
                performance benchmark established at the commencement 
                of an IT investment project contract.
                    ``(B) Grossly deviated project.--If an IT 
                investment project grossly deviates from its Original 
                Baseline (as defined in subparagraph (A)), the term 
                `Original Baseline' means the ANSI EIA-748 Standard-
                compliant cost, schedule, and performance benchmark 
                established under subsection (e)(3)(C).
            ``(12) Significantly deviated.--The term `significantly 
        deviated' means cost, schedule, or performance variance that is 
        at least 20 percent from the Original Baseline.
    ``(b) Core IT Investment Projects.--
            ``(1) Designation.--Except as provided under paragraph (2), 
        each Agency Head and the Director shall jointly designate not 
        fewer than 5 of the agency's most mission critical IT 
        investment projects as `core IT investment projects' or `core 
        projects', after considering, among other factors--
                    ``(A) whether the project represents a high-dollar 
                value relative to the average IT investment project in 
                the agency's portfolio;
                    ``(B) whether the project delivers a capability 
                critical to the successful completion of the agency 
                mission, or a portion of such mission; and
                    ``(C) whether the project incorporates unproven or 
                previously undeveloped technology to meet primary 
                project technical requirements.
            ``(2) Exception.--If the Agency Head and the Director 
        jointly determine that fewer than 5 IT investment projects meet 
        the criteria described in paragraph (1), the Director--
                    ``(A) may provide the agency with written 
                authorization to designate fewer than 5 projects; and
                    ``(B) shall submit a report to the appropriate 
                congressional committees that contains notice of, and 
                justification for, any such authorization.
    ``(c) Cost, Schedule, and Performance Reports.--
            ``(1) Quarterly reports.--Not later than 7 days after the 
        end of each fiscal quarter, the project manager for an IT 
        investment project shall submit a written report to the Chief 
        Information Officer that includes, as of the last day of the 
        applicable quarter--
                    ``(A) a description of the cost, schedule, and 
                performance of all projects under the project manager's 
                supervision;
                    ``(B) the original and current project cost, 
                schedule, and performance benchmarks for each project 
                under the project manager's supervision;
                    ``(C) the cost, schedule, or performance variance 
                related to each IT investment project under the project 
                manager's supervision since the commencement of the 
                contract;
                    ``(D) for each project under the project manager's 
                supervision, any known, expected, or anticipated 
                changes to project schedule milestones or project 
                performance benchmarks included as part of the original 
                or current baseline description; and
                    ``(E) the current cost, schedule, and performance 
                status of all projects under supervision that were 
                previously identified as significantly deviated or 
                grossly deviated.
            ``(2) Interim reports.--If the project manager for an IT 
        investment project determines that there is reasonable cause to 
        believe that an IT investment project has significantly 
        deviated or grossly deviated since the issuance of the latest 
        quarterly report, the project manager shall submit to the Chief 
        Information Officer, not later than 7 days after such 
        determination, a report on the project that includes, as of the 
        date of the report--
                    ``(A) a description of the original and current 
                program cost, schedule, and performance benchmarks;
                    ``(B) the cost, schedule, or performance variance 
                related to the IT investment project since the 
                commencement of the contract;
                    ``(C) any known, expected, or anticipated changes 
                to the project schedule milestones or project 
                performance benchmarks included as part of the original 
                or current baseline description; and
                    ``(D) the major reasons underlying the significant 
                or gross deviation of the project.
    ``(d) Determination of Significant Deviation.--
            ``(1) Chief information officer.--Upon receiving a report 
        under subsection (c), the Chief Information Officer shall--
                    ``(A) determine if any IT investment project has 
                significantly deviated; and
                    ``(B) report such determination to the Agency Head.
            ``(2) Congressional notification.--If the Chief Information 
        Officer determines under paragraph (1) that an IT investment 
        project has significantly deviated and the Agency Head has not 
        issued a report to the appropriate congressional committees of 
        a significant deviation for that project under this section 
        since the project was last required to be re-baselined under 
        this section, the Agency Head shall submit a report to the 
        appropriate congressional committees and to the Government 
        Accountability Office that includes--
                    ``(A) written notification of such determination;
                    ``(B) the date on which such determination was 
                made;
                    ``(C) the amount of the cost increases and the 
                extent of the schedule delays with respect to such 
                project;
                    ``(D) any requirements that--
                            ``(i) were added subsequent to the original 
                        contract; or
                            ``(ii) were originally contracted for, but 
                        were changed by deferment or deletion from the 
                        original schedule, or were otherwise no longer 
                        included in the requirements contracted for;
                    ``(E) an explanation of the differences between--
                            ``(i) the estimate at completion between 
                        the project manager, any contractor, and any 
                        independent analysis; and
                            ``(ii) the original budget at completion;
                    ``(F) the rough order of magnitude of the costs of 
                any reasonable alternative system, or reasonable 
                alternative approach to establishing an equivalent 
                outcome or capability;
                    ``(G) a statement of the reasons underlying the 
                project's significant deviation;
                    ``(H) the identities of the project managers 
                responsible for program management and cost control of 
                the program; and
                    ``(I) a summary of the plan of action to remedy the 
                significant deviation.
            ``(3) Deadline.--
                    ``(A) Notification based on quarterly report.--If 
                the determination of significant deviation is based on 
                a report submitted under subsection (b)(1), the Agency 
                Head shall notify Congress in accordance with paragraph 
                (2) not later than 14 days after the end of the quarter 
                upon which such report is based.
                    ``(B) Notification based on interim report.--If the 
                determination of significant deviation is based on a 
                report submitted under subsection (b)(2), the Secretary 
                shall notify Congress in accordance with paragraph (2) 
                not later than 14 days after the submission of such 
                report.
    ``(e) Determination of Gross Deviation.--
            ``(1) Chief information officer.--Upon receiving a report 
        under subsection (c), the Chief Information Officer shall--
                    ``(A) determine if any IT investment project has 
                grossly deviated; and
                    ``(B) report any such determination to the Agency 
                Head.
            ``(2) Congressional notification.--If the Chief Information 
        Officer determines under paragraph (1) that an IT investment 
        project has grossly deviated and the Agency Head has not issued 
        a report to the appropriate congressional committees of a gross 
        deviation for that project under this section since the project 
        was last required to be re-baselined under this section, the 
        Agency Head shall submit a report to the appropriate 
        congressional committees and to the Government Accountability 
        Office that includes--
                    ``(A) written notification of such determination, 
                which states--
                            ``(i) the date on which such determination 
                        was made; and
                            ``(ii) an indication of whether or not the 
                        project has been previously reported as a 
                        significant or gross deviation by the Chief 
                        Information Officer, and the date of any such 
                        report;
                    ``(B) incorporations by reference of all prior 
                reports to Congress on the project required under this 
                section;
                    ``(C) updated accounts of the items described in 
                subparagraphs (C) through (H) of subsection (d)(2);
                    ``(D) the original estimate at completion for the 
                project manager, any contractor, and any independent 
                analysis;
                    ``(E) a graphical depiction of actual cost variance 
                since the commencement of the contract;
                    ``(F) the amount, if any, of incentive award fees 
                any contractor has received since the commencement of 
                the contract and the reasons for receiving such award 
                fees;
                    ``(G) the project manager's estimated cost at 
                completion and estimated completion date for the 
                project if current requirements are not modified;
                    ``(H) the project manager's estimated cost at 
                completion and estimated completion date for the 
                project based on reasonable modification of such 
                requirements;
                    ``(I) an explanation of the most significant 
                occurrence contributing to the variance identified, 
                including cost, schedule, and performance variances, 
                and the effect such occurrence will have on future 
                project costs and program schedule;
                    ``(J) a statement regarding previous or anticipated 
                re-baselining or re-planning of the project and the 
                names of the individuals responsible for approval;
                    ``(K) the original life cycle cost of the 
                investment and the expected life cycle cost of the 
                investment expressed in constant base year dollars and 
                in current dollars; and
                    ``(L) a comprehensive plan of action to remedy the 
                gross deviation, and milestones established to control 
                future cost, schedule, and performance deviations in 
                the future.
            ``(3) Remedial action.--If the Chief Information Officer 
        determines under paragraph (1) that an IT investment project 
        has grossly deviated, the Agency Head, in consultation with the 
        Chief Information Officer, shall ensure that--
                    ``(A) a report is submitted to the appropriate 
                congressional committees that--
                            ``(i) describes the primary business case 
                        and key functional requirements for the 
                        project;
                            ``(ii) describes any portions of the 
                        project that have technical requirements of 
                        sufficient clarity that such portions may be 
                        feasibly procured under firm, fixed-price 
                        contract;
                            ``(iii) includes a certification by the 
                        Agency Head, after consultation with the Chief 
                        Information Officer, that all technical 
                        requirements have been reviewed and validated 
                        to ensure alignment with the reported business 
                        case;
                            ``(iv) describes any changes to the primary 
                        business case or key functional requirements 
                        which have occurred since project inception; 
                        and
                            ``(v) includes an independent cost estimate 
                        for the project conducted by an entity approved 
                        by the Director;
                    ``(B) an analysis is submitted to the appropriate 
                congressional committees that--
                            ``(i) describes agency business goals that 
                        the project was originally designed to address;
                            ``(ii) includes a gap analysis of what 
                        project deliverables remain in order for the 
                        agency to accomplish the business goals 
                        referred to in clause (i);
                            ``(iii) identifies the 3 most cost-
                        effective alternative approaches to the project 
                        which would achieve the business goals referred 
                        to in clause (i); and
                            ``(iv) includes a cost-benefit analysis, 
                        which compares--
                                    ``(I) the completion of the project 
                                with the completion of each alternative 
                                approach, after factoring in future 
                                costs associated with the termination 
                                of the project; and
                                    ``(II) the termination of the 
                                project without pursuit of 
                                alternatives, after factoring in 
                                foregone benefits; and
                    ``(C) a new baseline of the project is established 
                that is consistent with the independent cost estimate 
                required under subparagraph (A)(v); and
                    ``(D) the project is designated as a core IT 
                investment project and subjected to the requirements 
                under subsection (f).
            ``(4) Deadline and funding contingency.--
                    ``(A) Notification and remedial action based on 
                quarterly report.--
                            ``(i) In general.--If the determination of 
                        gross deviation is based on a report submitted 
                        under subsection (c)(1), the Agency Head 
                        shall--
                                    ``(I) not later than 45 days after 
                                the end of the quarter upon which such 
                                report is based, notify the appropriate 
                                congressional committees in accordance 
                                with paragraph (2); and
                                    ``(II) not later than 180 days 
                                after the end of the quarter upon which 
                                such report is based, ensure the 
                                completion of remedial action under 
                                paragraph (3).
                            ``(ii) Failure to meet deadlines.--If the 
                        Agency Head fails to meet the deadlines 
                        described in clause (i)(II), additional funds 
                        may not be obligated to support expenditures 
                        associated with the project until the 
                        requirements of this subsection have been 
                        fulfilled.
                    ``(B) Notification and remedial action based on 
                interim report.--
                            ``(i) In general.--If the determination of 
                        gross deviation is based on a report submitted 
                        under subsection (c)(2), the Secretary shall--
                                    ``(I) not later than 45 days after 
                                the submission of such report, notify 
                                the appropriate congressional 
                                committees in accordance with paragraph 
                                (2); and
                                    ``(II) not later than 180 days 
                                after the submission of such report, 
                                ensure the completion of remedial 
                                action in accordance with paragraph 
                                (3).
                            ``(ii) Failure to meet deadlines.--If the 
                        Agency Head fails to meet the deadlines 
                        described in clause (i)(II), additional funds 
                        may not be obligated to support expenditures 
                        associated with the project until the 
                        requirements of this subsection have been 
                        fulfilled.
    ``(f) Additional Requirements for Core IT Investment Project 
Reports.--
            ``(1) Initial report.--If a report described in subsection 
        (e)(3)(A) has not been submitted for a core IT investment 
        project, the Agency Head, in coordination with the Chief 
        Information Officer and responsible program managers, shall 
        prepare an initial report for inclusion in the first budget 
        submitted to Congress under section 1105(a) of title 31, United 
        States Code, after the designation of a project as a core IT 
        investment project, which includes--
                    ``(A) a description of the primary business case 
                and key functional requirements for the project;
                    ``(B) an identification and description of any 
                portions of the project that have technical 
                requirements of sufficient clarity that such portions 
                may be feasibly procured under firm, fixed-price 
                contracts;
                    ``(C) an independent cost estimate for the project;
                    ``(D) certification by the Chief Information 
                Officer that all technical requirements have been 
                reviewed and validated to ensure alignment with the 
                reported business case; and
                    ``(E) any changes to the primary business case or 
                key functional requirements which have occurred since 
                project inception.
            ``(2) Quarterly review of business case.--The Agency Head, 
        in coordination with the Chief Information Officer and 
        responsible program managers, shall--
                    ``(A) monitor the primary business case and core 
                functionality requirements reported to Congress for 
                designated core IT investment projects; and
                    ``(B) if changes to the primary business case or 
                key functional requirements for a core IT investment 
                project occur in any fiscal quarter, submit a report to 
                Congress not later than 7 days after the end of such 
                quarter that details the changes and describes the 
                impact the changes will have on the cost and ultimate 
                effectiveness of the project.
            ``(3) Alternative significant deviation determination.--If 
        the Chief Information Officer determines, subsequent to a 
        change in the primary business case or key functional 
        requirements, that without such change the project would have 
        significantly deviated--
                    ``(A) the Chief Information Officer shall notify 
                the Agency Head of the significant deviation; and
                    ``(B) the Agency Head shall fulfill the 
                requirements under subsection (d)(2) in accordance with 
                the deadlines under subsection (d)(3).
            ``(4) Alternative gross deviation determination.--If the 
        Chief Information Officer determines, subsequent to a change in 
        the primary business case or key functional requirements, that 
        without such change the project would have grossly deviated--
                    ``(A) the Chief Information Officer shall notify 
                the Agency Head of the gross deviation; and
                    ``(B) the Agency Head shall fulfill the 
                requirements under subsections (e)(2) and (e)(3) in 
                accordance with subsection (e)(4).''.
    (b) Inclusion in the Budget Submitted to Congress.--Section 1105(a) 
of title 31, United States Code, is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``include in each budget the following:'' and inserting 
        ``include in each budget--'';
            (2) by redesignating the second paragraph (33) (as added by 
        section 889(a) of Public Law 107-296) as paragraph (35);
            (3) in each of paragraphs (1) through (34), by striking the 
        period at the end and inserting a semicolon;
            (4) in paragraph (35) (as redesignated by paragraph (2)), 
        by striking the period at the end and inserting ``; and''; and
            (5) by adding at the end the following:
            ``(36) the reports prepared under section 11317(f) of title 
        40, United States Code, relating to the core IT investment 
        projects of the agency.''.
    (c) Improvement of Information Technology Acquisition and 
Development.--Subchapter II of chapter 113 of title 40, United States 
Code, is amended by adding at the end the following:

``SEC. 11319. ACQUISITION AND DEVELOPMENT.

    ``(a) Establishment of Programs.--Not later than 120 days after the 
date of the enactment of this section, each Agency Head (as defined in 
section 11317(a) of title 49, United States Code) shall establish a 
program to improve the information technology (referred to in this 
section as `IT') processes of the agency overseen by the Agency Head.
    ``(b) Program Requirements.--Each program established pursuant to 
this section shall include--
            ``(1) a documented process for information technology 
        acquisition planning, requirements development and management, 
        project management and oversight, earned-value management, and 
        risk management;
            ``(2) the development of appropriate metrics for 
        performance measurement of--
                    ``(A) processes and development status; and
                    ``(B) continuous process improvement;
            ``(3) a process to ensure that key program personnel have 
        an appropriate level of experience or training in the planning, 
        acquisition, execution, management, and oversight of 
        information technology; and
            ``(4) a process to ensure that the applicable department 
        and subcomponents implement and adhere to established processes 
        and requirements relating to the planning, acquisition, 
        execution, management, and oversight of information technology 
        programs and developments.
    ``(c) OMB Guidance.--The Director of the Office of Management and 
Budget shall--
            ``(1) prescribe uniformly applicable guidance to the 
        administration of all the programs established under subsection 
        (a); and
            ``(2) take any actions that are necessary to ensure that 
        Federal agencies comply with the guidance.
    ``(d) Annual Report to Congress.--Not later than the last day of 
February of each year, the Agency Head shall submit a report to 
Congress that includes--
            ``(1) a detailed summary of the accomplishments of the 
        program established by the Agency Head pursuant to this 
        section;
            ``(2) the status of completeness of implementation of each 
        of the program requirements, and the date each such requirement 
        was deemed to be completed;
            ``(3) the percentage of Federal IT projects covered under 
        the program compared to all of the IT projects of the agency, 
        listed by number of programs and by annual dollars expended;
            ``(4) the identification, listed by name and position, of--
                    ``(A) the person assigned responsibility for 
                implementation and management of the program and the 
                percent of such person's time used to carry out such 
                responsibility; and
                    ``(B) the person to whom the person described in 
                subparagraph (A) reports;
            ``(5) a detailed breakdown of the sources and uses of the 
        amounts spent by the agency during the previous fiscal year to 
        support the activities of the program;
            ``(6) a copy of any guidance issued under the program and a 
        statement regarding whether each such guidance is mandatory;
            ``(7) the identification of the metrics developed in 
        accordance with subsection (b)(2);
            ``(8) a description of how paragraphs (3) and (4) of 
        subsection (b) have been implemented and any related agency 
        guidance; and
            ``(9) a description of how continuous process improvement 
        has been implemented and the objectives of such guidance.''.
    (d) Clerical Amendments.--The table of sections for chapter 113 of 
title 40, United States Code, is amended--
            (1) by striking the item relating to section 11317 and 
        inserting the following:

``11317. Significant and gross deviations.''; and
            (2) by inserting after the item relating to section 11318 
        the following:

``11319. Acquisition and development.''.

SEC. 3. IT STRIKE FORCE.

    (a) Purpose.--The Director of the Office of Management of Budget 
(referred to in this section as the ``Director''), in consultation with 
the Administrator of the Office of Electronic Government and 
Information and Technology at the Office of Management and Budget 
(referred to in this section as the ``E-Gov Administrator''), shall 
assist agencies in avoiding significant and gross deviations in the 
cost, schedule, and performance of IT investment projects (as such 
terms are defined in section 11317(a) of title 40, United States Code).
    (b) IT Strike Force.--
            (1) Establishment.--Not later than 180 days after the date 
        of the enactment of this Act, the E-Gov Administrator shall 
        establish a small group of individuals (referred to in this 
        section as the ``IT Strike Force'') to carry out the purpose 
        described in subsection (a).
            (2) Qualifications.--Individuals selected for the IT Strike 
        Force--
                    (A) shall be certified at the Senior/Expert level 
                according to the Federal Acquisition Certification for 
                Program and Project Managers (FAC-P/PM); or
                    (B) shall have comparable education, certification, 
                training, and experience to successfully manage high-
                risk IT investment projects.
            (3) Number.--The Director, in consultation with the E-Gov 
        Administrator, shall determine the number of individuals who 
        will be selected for the IT Strike Force.
    (c) Outside Consultants.--
            (1) Identification.--The E-Gov Administrator shall identify 
        consultants in the private sector who have expert knowledge in 
        IT program management and program management review teams. Not 
        more than 20 percent of such consultants may be formally 
        associated with any 1 of the following types of entities:
                    (A) Commercial firms.
                    (B) Nonprofit entities.
                    (C) Research and development corporations receiving 
                Federal financial assistance.
            (2) Use of consultants.--
                    (A) In general.--Consultants identified under 
                paragraph (1) may be used to assist the IT Strike Force 
                in assessing and improving IT investment projects.
                    (B) Limitation.--Consultants with a formally 
                established relationship with an organization may not 
                participate in any assessment involving an IT 
                investment project for which such organization is under 
                contract to provide technical support.
                    (C) Exception.--The limitation described in 
                subparagraph (B) may not be construed as precluding 
                access to anyone having relevant information helpful to 
                the conduct of the assessment.
            (3) Contracts.--The E-Gov Administrator, in conjunction 
        with the Administrator of the General Services Administration 
        (GSA), may establish competitively bid contracts with 1 or more 
        qualified consultants, independent of any GSA schedule.
    (d) Initial Response to Anticipated Significant or Gross 
Deviation.--If the E-Gov Administrator determines there is reasonable 
cause to believe that a major IT investment project is likely to 
significantly or grossly deviate (as defined in section 11317(a) of 
title 40, United States Code), including the receipt of inconsistent or 
missing data, the E-Gov Administrator shall carry out the following 
activities:
            (1) Recommend the assignment of 1 or more members of the IT 
        Strike Force to assess the project in accordance with the scope 
        and time period described in section 11317(c)(1) of title 40, 
        United States Code, beginning not later than 7 days after such 
        recommendation. No member of the Strike Force who is associated 
        with the department or agency whose IT investment project is 
        the subject of the assessment may be assigned to participate in 
        this assessment. Such limitation may not be construed as 
        precluding access to anyone having relevant information helpful 
        to the conduct of the assessment.
            (2) If the E-Gov Administrator determines that 1 or more 
        qualified consultants are needed to support the efforts of the 
        IT Strike Force under paragraph (1), negotiate a contract with 
        the consultant to provide such support during the period in 
        which the IT Strike Force is conducting the assessment 
        described in paragraph (1).
            (3) Ensure that the costs of an assessment under paragraph 
        (1) and the support services of 1 or more consultants under 
        paragraph (2) are paid by the major IT investment project being 
        assessed.
            (4) Monitor the progress made by the IT Strike Force in 
        assessing the project.
    (e) Reduction of Significant or Gross Deviation.--If the E-Gov 
Administrator determines that the assessment conducted under subsection 
(d) confirms that a major IT investment project is likely to 
significantly or grossly deviate, the E-Gov Administrator shall 
recommend that the Agency Head (as defined in section 11317(a)(1) of 
title 40, United States Code) take steps to reduce the deviation, which 
may include--
            (1) providing training or mentoring to improve the 
        qualifications of the program manager;
            (2) replacing the program manager or other staff;
            (3) supplementing the program management team with Federal 
        Government employees or independent contractors;
            (4) terminating the project; or
            (5) hiring an independent contractor to report directly to 
        senior management and the E-Gov Administrator.
    (f) Reprogramming of Funds.--
            (1) Authorization.--The Director may direct an Agency Head 
        to reprogram amounts which have been appropriated for such 
        agency to pay for an assessment under subsection (d).
            (2) Notification.--An Agency Head who reprograms 
        appropriations under paragraph (1) shall notify the Committee 
        on Appropriations of the Senate and the Committee on 
        Appropriations of the House of Representatives of any such 
        reprogramming.
    (g) Report to Congress.--The Director shall include in the annual 
Report to Congress on the Benefits of E-Government Initiatives a 
detailed summary of the composition and activities of the IT Strike 
Force, including--
            (1) the number and qualifications of individuals on the IT 
        Strike Force;
            (2) a description of the IT investment projects that the IT 
        Strike Force has worked during the previous fiscal year;
            (3) the major issues that necessitated the involvement of 
        the IT Strike Force to assist agencies with assessing and 
        managing IT investment projects and whether such issues were 
        satisfactorily resolved;
            (4) if the issues referred to in paragraph (3) were not 
        satisfactorily resolved, the issues still needed to be resolved 
        and the Agency Head's plan for resolving such issues;
            (5) a detailed breakdown of the sources and uses of the 
        amounts spent by the Office of Management and Budget and other 
        Federal agencies during the previous fiscal year to support the 
        activities of the IT Strike Force; and
            (6) a determination of whether the IT Strike Force has been 
        effective in reducing the amount of IT investment projects that 
        deviate or significantly deviate.
                                 <all>