[Congressional Record Volume 168, Number 175 (Monday, November 14, 2022)]
[House]
[Pages H8467-H8469]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  DEPARTMENT OF VETERANS AFFAIRS INFORMATION TECHNOLOGY REFORM ACT OF 
                                  2022

  Mr. TAKANO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2250) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2250

       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).

[[Page H8468]]

       ``(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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Takano) and the gentleman from Texas (Mr. Ellzey) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. TAKANO. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
insert extraneous material on H.R. 2250, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the Department of Veterans Affairs Information 
Technology Reform Act requires VA to report on the cost, schedule, and 
performance information for major information technology projects. A 
major information technology project is a project that exceeds $500 
million in total life cycle costs.
  H.R. 2250, as amended, also requires VA to ensure that each major IT 
project is managed by an interdisciplinary team. The bill is necessary 
due to the numerous issues that the VA has had with technology 
modernization and management of its major IT programs. This bill 
provides Congress with key information to conduct proper oversight over 
those programs.
  Mr. Speaker, I wholeheartedly support this bill. I urge all my 
colleagues to do the same, and I reserve the balance of my time.
  Mr. ELLZEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 2250, as amended, the VA 
Information Technology Reform Act of 2022. Mr. Rosendale, Mr. Mrvan, 
and Mr. Banks have worked on this legislation in the Technology 
Modernization Subcommittee for over 2 years.
  The VA relies on information technology to deliver nearly every 
service and benefit to our Nation's veterans. But it is no secret that 
there have been many struggles with IT projects that fail to deliver. 
Cost and schedule overruns and poor performance are routine.
  This bipartisan legislation creates new accountability standards for 
VA to plan, initiate, and manage large IT projects. Congress has to be 
informed in advance, before any money is spent, and the VA has to 
create a baseline to measure each project's performance against.
  The legislation also reforms how VA budgets for IT and increases 
transparency into the Department's activities and needs.
  I commend Mr. Rosendale for being a watchdog on this important and 
difficult issue.
  Mr. Speaker, I reserve the balance of my time.
  Mr. TAKANO. Mr. Speaker, I have no further speakers, and I am 
prepared to close.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ELLZEY. Mr. Speaker, I yield 2 minutes to the gentleman from 
Montana (Mr. Rosendale).
  Mr. ROSENDALE. Mr. Speaker, I rise today in support of my 
legislation, H.R. 2250, the VA Information Technology Reform Act of 
2022.
  When I began serving on the Veterans' Affairs Committee, I was 
horrified to discover that Congress is shoveling roughly $9 billion a 
year into VA

[[Page H8469]]

information technology, with disappointing results and very little 
useful information about how it is even being spent.
  The VA's annual IT operations budget is nearly $5.8 billion. The 
disastrous Electronic Health Record Modernization Program received $2.6 
billion last year alone, and several hundred million more dollars go to 
other IT programs annually.
  To be sure, every year VA produces hundreds of pages of budget 
documents about IT. But when I examined them, I found very little 
relevance to what is actually happening and zero accountability. That 
is why I introduced H.R. 2250, the VA IT Reform Act. It would require 
VA to report on major IT projects, costs estimates, schedules, and 
performance goals before they begin and before any money is spent on 
them. If the project is approved, that information would then become 
baseline that progress is measured against annually.
  If we had already been getting all this information, several of the 
VA big-ticket IT projects would have been canceled, and some would 
never have been started at all. Instead, we are working to contain the 
damage from the EHR, while still piecing together how it even began.
  At the same time, VA is now on its second attempt to modernize its 
supply chain and its third attempt to replace its financial systems.
  My legislation would also reform how VA budgets for IT. It would 
require the Department to rank each requested project in terms of 
costs, risks, and benefits, and present each office's IT needs in plain 
language, not the indecipherable categories that now exist.
  Finally, my bill would make the VA Chief Information Officer 
responsible for the Financial Services Centers IT's activities and make 
troves of information from the Office of Management and Budget about 
the VA IT programs available to Congress.
  Once Congress has all of this information, it is our responsibility 
to oversee the spending decisions VA is making. Every IT project has to 
improve the services and benefits our veterans receive or it should not 
receive a single dollar more of taxpayer money.
  I thank Mr. Mrvan and Mr. Banks for working with me on this bill, and 
I urge all of my colleagues to support it.
  Mr. ELLZEY. Mr. Speaker, I encourage my colleagues to support this 
bill, and I yield back the balance of my time.
  Mr. TAKANO. Mr. Speaker, in view of the fact that I know this 
Congress, the 117th Congress, is coming to a close and I may not see 
you up on the rostrum and the dais again, I wanted to say mahalo for 
your service in our military, mahalo for your service to the people of 
Hawaii, mahalo for your service to the American people.
  I ask all my colleagues to join me in passing H.R. 2250, as amended, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Takano) that the House suspend the rules 
and pass the bill, H.R. 2250, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ROSENDALE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________