[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2250 Engrossed in House (EH)]
<DOC>
117th CONGRESS
2d Session
H. R. 2250
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to improve the management of
information technology projects and investments of the Department of
Veterans Affairs, and for other purposes.
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 ``Department of Veterans Affairs
Information Technology Reform Act of 2022''.
SEC. 2. INFORMATION TECHNOLOGY PROJECTS AND ACTIVITIES.
(a) In General.--Chapter 81 of title 38, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER VI--INFORMATION TECHNOLOGY PROJECTS AND ACTIVITIES
``Sec. 8171. Definitions
``In this subchapter:
``(1) The term `appropriate congressional committees'
means--
``(A) the Committee on Veterans' Affairs and the
Committee on Appropriations of the Senate; and
``(B) the Committee on Veterans' Affairs and the
Committee on Appropriations of the House of
Representatives.
``(2) The term `information technology' has the meaning
given that term in section 11101 of title 40.
``(3)(A) The term `information technology project' means a
project or program of the Department (including a project or
program of any element of the Department) for, or including,
the acquisition or implementation of information technology.
``(B) In cases where the Secretary transmits to the
Director of the Office of Management and Budget information
regarding information technology investments, which may consist
of individual or multiple projects, the term `information
technology project' refers to an individual project or program
or a grouping of multiple projects or programs resulting in the
acquisition or implementation of discrete information
technology.
``(4) The term `life cycle costs' means all direct and
indirect costs to acquire, implement, operate, and maintain
information technology, including with respect to costs of any
element of the Department.
``(5) The term `major information technology project' means
an information technology project if--
``(A) the project is designated by the Secretary,
the Chief Information Officer of the Department, or the
Director of the Office of Management and Budget as a
major information technology investment, as defined in
section 11302 of title 40; or
``(B) the dollar value of the project is estimated
by the Secretary to exceed--
``(i) $1,000,000,000 (as adjusted for
inflation pursuant to section 1908 of title 41)
for the total life cycle costs of the project;
or
``(ii) $200,000,000 (as adjusted for
inflation pursuant to section 1908 of title 41)
annually.
``(6) The term `business owner' means, with respect to an
information technology project, the program manager, project
manager, or other supervisory official of the Department
responsible for the project.
``Sec. 8172. Management of major information technology projects
``(a) Cost, Schedule, and Performance Information.--(1) The
Secretary, acting through the Chief Information Officer of the
Department, shall 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 Department of Veterans Affairs Information
Technology Reform 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.
``Sec. 8173. Information technology activities of the Financial
Services Center
``(a) Management.--Consistent with sections 11302 and 11319 of
title 40--
``(1) the Chief Information Officer of the Department
shall--
``(A) exercise authority over the management,
governance, and oversight processes relating to
existing or proposed information technology of the
Financial Services Center of the Department, or such
successor office; and
``(B) supervise the information technology
employees and contractors of the Financial Services
Center; and
``(2) the Director of the Financial Services Center of the
Department, or the head of such successor office, may not enter
into a contract or other agreement for information technology
or information technology services unless the contract or other
agreement has been reviewed and approved by the Chief
Information Officer.
``(b) Oversight.--The Chief Information Officer shall have
oversight and operational authority over all information security
practices of the Financial Services Center of the Department.
``Sec. 8174. Submission of annual reviews of information technology
``(a) In General.--The Secretary, acting through the Chief
Information Officer of the Department, shall submit to the appropriate
congressional committees each annual review of the information
technology portfolio of the Department conducted pursuant to section
11319(d)(3) of title 40.
``(b) First Submission.--The first annual review submitted under
subsection (a) shall include a copy of each previous annual review
conducted under section 11319(d)(3) of title 40.
``Sec. 8175. Information technology matters to be included in budget
justification materials for the Department
``(a) List of Information Technology Projects in Effect.--The
Secretary shall ensure that whenever the budget justification materials
are submitted to Congress in support of the Department budget for a
fiscal year (as submitted with the budget of the President for such
fiscal year under section 1105(a) of title 31), such budget
justification materials include a list of every information technology
project currently in effect at the Department (including not only
congressional projects and subprojects as determined by the Director of
the Office of Management and Budget or the Secretary).
``(b) Prioritized List of Unfunded Projects.--(1) In addition to
the list included in the budget justification materials required by
subsection (a), the Secretary shall ensure that the budget
justification materials described in such subsection also include
summary descriptions and a prioritized list, in rank order, of every
information technology project of the Department, proposed or intended
to be proposed for the following one, two, or three fiscal years, that
is unfunded as of the time of the inclusion of the list under this
paragraph.
``(2) In producing the list required by paragraph (1), the
Secretary shall--
``(A) ensure such list represents a ranking of all proposed
information technology projects that reflects the needs of all
elements of the Department;
``(B) produce one unified list for the entire Department
demonstrating how the various proposed information technology
projects of each of the elements of the Department rank in
priority with the information technology projects of the other
elements of the Department; and
``(C) ensure that the list--
``(i) does not disaggregate and rank information
technology projects based on element of the Department;
and
``(ii) does identify the element of the Department
requesting the information technology project.
``(3)(A) In producing each list under paragraph (1), the Secretary
shall prioritize and rank each information technology project based on
an assessment of each of the following factors:
``(i) Degree of collaboration between business owners and
the Chief Information Officer with respect to joint functional-
technical planning, requirements, and management.
``(ii) Operational or efficiency benefits to employees of
the Department created or produced by the information
technology project.
``(iii) The life cycle cost of the information technology
project.
``(iv) The cost savings or cost avoidance yielded by the
information technology project.
``(v) Time to completion of the information technology
project.
``(vi) The difficulty of the information technology
project, the likelihood the information technology project will
be completed, or the risks associated with undertaking the
information technology project.
``(vii) Tangible benefits to veterans created or produced
by the information technology project.
``(viii) Such other factors as the Secretary considers
appropriate.
``(B) The Secretary shall ensure that each list produced under
paragraph (1) includes, for each information technology project
included in the list, a brief description of the findings of the
Secretary with respect to each assessment carried out by the Secretary
for each factor for the information technology project under
subparagraph (A).
``(c) Projected Funding Needs.--(1) In addition to the matters
included under subsections (a) and (b), the Secretary shall ensure that
the budget justification materials described in subsection (a) also
include a projection of the one-year, two-year, and three-year funding
needs of the Department for information technology, disaggregated by--
``(A) portfolio; and
``(B) the product line of the Department that requires the
funding.
``(2) In addition to the projections under paragraph (1), with
respect to each of the periods set forth in such paragraph, the
Secretary shall include a description of the funding required for each
technology business management category used by the Office of
Information Technology of the Department (commonly referred to as `cost
pools' and `towers').''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``subchapter vi--information technology projects and activities
``Sec. 8171. Definitions.
``Sec. 8172. Management of major information technology projects.
``Sec. 8173. Information technology activities of the Financial
Services Center.
``Sec. 8174. Submission of annual reviews of information technology.
``Sec. 8175. Information technology matters to be included in budget
justification materials for the
Department.''.
(c) Application and Report Regarding Management of Major
Information Technology Projects.--
(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.
(2) Report on current projects.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to the appropriate
congressional committees a report on each major
information technology project that the Secretary is
carrying out as of the date of the report.
(B) Contents.--The report submitted under
subparagraph (A) shall contain, with respect to each
project described in such subparagraph, information on
the cost, schedule, and performance of the project as
described in subsection (a) of section 8172 of such
title, as so added.
(3) Definitions.--In this subsection, 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.
(d) Information Technology Activities of the Financial Services
Center.--
(1) Effective date.--Section 8173 of such title, as added
by subsection (a), shall take effect on the date of the
enactment of this Act.
(2) Applicability.--Subsection (a)(2) of such section shall
apply with respect to contracts and agreements entered into on
or after the date of the enactment of this Act.
(e) Effective Date of Requirement for Projects in Budget
Justification Materials.--Subsection (c) of section 8175 of such title,
as added by subsection (a) of this section, shall take effect on the
first Monday in the second January beginning after the date of the
enactment of this Act.
Passed the House of Representatives November 17, 2022.
Attest:
Clerk.
117th CONGRESS
2d Session
H. R. 2250
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to improve the management of
information technology projects and investments of the Department of
Veterans Affairs, and for other purposes.