38 U.S.C. § 8172 (VETERANS’ BENEFITS)
§ 8172. Management of major information technology projects
(a) Cost, Schedule, and Performance Information.—
(1) The Secretary shall, acting through the Chief Information Officer of the Department, submit to the appropriate congressional committees a report containing information on the cost, schedule, and performance of each major information technology project that begins after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, as generated by the business owner of the project, prior to the commencement of such project.
(2) Each report submitted under paragraph (1) for a project shall include, with respect to such project, the following:
(A) An estimate of acquisition costs, implementation costs, and life cycle costs.
(B) An intended implementation schedule indicating significant milestones, initial operating capability, and full operating capability or completion.
(C) Key business, functional, and performance objectives.
(b) Baseline.—
(1) The Secretary shall use the information on the cost, schedule, and performance of a major information technology project included in the report under subsection (a) as the baseline against which changes or variances are measured during the life cycle of such project.
(2) The Secretary shall—
(A) annually update the baseline of a major information technology project pursuant to subsection (c); and
(B) include such updated baseline in the documents providing detailed information on the budget for the Department that the Secretary submits to Congress in conjunction with the President’s budget submission pursuant to section 1105 of title 31.
(c) Changes and Variances.—
(1) Not later than 60 days after the date on which the Secretary identifies a change or variance described in paragraph (2) in the cost, schedule, or performance of a major information technology project, the Secretary, acting through the Chief Information Officer, shall submit to the appropriate congressional committees a notification of such change or variance, including a description and explanation for such change or variance.
(2) A change or variance in the cost, schedule, or performance of a major information technology project described in this paragraph is—
(A) with respect to the acquisition, implementation, or life cycle cost of the project, or development increment therein, a change or variance that is 10 percent or greater compared to the baseline;
(B) with respect to the schedule for a development increment or for achieving a significant milestone, initial operating capability, or full operating capability, or for the final completion of the project, a change or variance that is 180 days or greater compared to the baseline; or
(C) with respect to the performance, an instance where a key business, functional, or performance objective is not attained, or is not anticipated to be attained, in whole or in part.
(d) Management.—
The Secretary shall ensure that each major information technology project is managed by an interdisciplinary team consisting of the following:
(1) A project manager who—
(A)
(i) is certified in project management at level three by—
(I) the Department;
(II) the Federal Acquisition Institute pursuant to section 1201 of title 41; or
(III) the Department of Defense pursuant to section 1701a of title 10; or
(ii) holds an equivalent certification by a private sector project management certification organization, as determined appropriate by the Secretary; and
(B) is an employee of the Office of Information and Technology of the Department or an employee of an element of the Department at which the project originates.
(2) A functional lead who is an employee of the element of the Department at which the project originates.
(3) A technical lead who is an employee of the Office of Information and Technology of the Department.
(4) A contracting officer.
(5) Sufficient other project management, functional, technical, and procurement personnel as the Secretary determines appropriate.
(Added Pub. L. 117–328, div. U, title IV, § 403(a), Dec. 29, 2022, 136 Stat. 5486.)
heading: Editorial Notes
heading: References in Text
text: The date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, referred to in subsec. (a)(1), is the date of enactment of div. U of Pub. L. 117–328, which was approved Dec. 29, 2022.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 117–328, div. U, title IV, § 403(c)(1), (3), Dec. 29, 2022, 136 Stat. 5490, provided that:
“(1) Current and new major projects.—
Except as specifically provided in subsection (a) of section 8172 of title 38, United States Code, as added by subsection (a) of this section, such section 8172 shall apply with respect to major information technology projects that begin before, on, or after the date of the enactment of this Act [Dec. 29, 2022].
“(3) Definitions.—
In this subsection [enacting this note and provisions not set out in the Code], the terms ‘appropriate congressional committees’ and ‘major information technology project’ have the meanings given those terms in section 8171 of title 38, United States Code, as added by subsection (a) of this section.”