Title 38Veterans' BenefitsRelease 119-73

§8172 Management of major information technology projects

Title 38 › Part PART VI— - ACQUISITION AND DISPOSITION OF PROPERTY › Chapter CHAPTER 81— - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY › Subchapter SUBCHAPTER VI— - INFORMATION TECHNOLOGY PROJECTS AND ACTIVITIES › § 8172

Last updated Apr 6, 2026|Official source

Summary

The Secretary must send Congress a report, through the Department’s Chief Information Officer, on the cost, schedule, and performance of every major IT project that starts after the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022 became law. The report, made before the project starts and created by the project’s business owner, must give cost estimates, a timeline with key milestones and when the project will begin and finish, and the main business and performance goals. The Secretary must use that report as the baseline to measure changes during the project. The baseline must be updated every year and put into the Department’s budget documents submitted with the President’s budget under section 1105 of title 31. If costs change by 10% or more, schedules slip by 180 days or more, or a key goal is not met or likely won’t be met, the Chief Information Officer must notify Congress within 60 days and explain why. Each major project must be led by a team that includes a project manager certified at level three (by the Department, the Federal Acquisition Institute under section 1201 of title 41, the Department of Defense under section 1701a of title 10, or an approved private cert), a functional lead from the project’s home office, a technical lead from the Office of Information and Technology, a contracting officer, and other needed staff.

Full Legal Text

Title 38, §8172

Veterans' Benefits — Source: USLM XML via OLRC

(a)(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)(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)(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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in 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.

Statutory Notes and Related Subsidiaries

Effective Date

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.”

Reference

Citations & Metadata

Citation

38 U.S.C. § 8172

Title 38Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73