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38 U.S.C. § 8171 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11101&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11302&num=0&
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Source location: Title 38, Chapter 81, § 8171; chapter-081-acquisition-and-operation-of-hospital-and-domiciliary-facilities-procurement-and-supply-enhanced-use-leases-of-real-property.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11101&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11302&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1908&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1908&num=0&edition=prelim)) 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.
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the following definitions apply:
(1) **Commercial product.—** — The term “commercial product” has the meaning given that term in [section 103 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section103&num=0&edition=prelim).
(2) **Executive agency.—** — The term “executive agency” has the meaning given that term in [section 133 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section133&num=0&edition=prelim).
(3) **Information resources.—** — The term “information resources” has the meaning given that term in [section 3502 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3502&num=0&edition=prelim).
(4) **Information resources management.—** — The term “information resources management” has the meaning given that term in [section 3502 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3502&num=0&edition=prelim).
(5) **Information system.—** — The term “information system” has the meaning given that term in [section 3502 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3502&num=0&edition=prelim).
(6) **Information technology.—** — The term “information technology”—
(A) with respect to an executive agency means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—
(i) of that equipment;
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 11101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal Information Technology.—** The Director of the Office of Management and Budget shall perform the responsibilities set forth in this section in fulfilling the responsibilities under [section 3504(h) of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3504/h&num=0&edition=prelim).
**(b) Use of Information Technology in Federal Programs.—** The Director shall promote and improve the acquisition, use, security, and disposal of information technology by the Federal Government to improve the productivity, efficiency, and effectiveness of federal programs, including through dissemination of public information and the reduction of information collection burdens on the public.
**(c) Use of Budget Process.—**
(1) **Definitions.—** — In this subsection:
(A) The term “covered agency” means an agency listed in section 901(b)(1) or 901(b)(2) of title 31.
(B) The term “major information technology investment” means an investment within a covered agency information technology investment portfolio that is designated by the covered agency as major, in accordance with capital planning guidance issued by the Director.
(C) The term “national security system” has the meaning provided in [section 3542 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3542&num=0&edition=prelim).11 See References in Text note below.
(2) **Analyzing, tracking, and evaluating capital investments.—** — As part of the budget process, the Director shall develop a process for analyzing, tracking, and evaluating the risks, including information security risks, and results of all major capital investments made by an executive agency for information systems. The process shall cover the life of each system and shall inc
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 11302
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** In this section, the term “Council” has the meaning given that term in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1301&num=0&edition=prelim).
**(b) Application.—**
(1) **In general.—** — Except as provided in paragraph (2), the requirement for adjustment under subsection (c) applies to a dollar threshold that is specified in law as a factor in defining the scope of the applicability of a policy, procedure, requirement, or restriction provided in that law to the procurement of property or services by an executive agency, as the Council determines.
(2) **Exceptions.—** — Subsection (c) does not apply to dollar thresholds—
(A) in chapters 67 and 83 of this title;
(B) in sections 3141 to 3144, 3146, and 3147 of title 40;
(C) the United States Trade Representative establishes pursuant to title III of the Trade Agreements Act of 1979 ([19 U.S.C. 2511](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2511&num=0&edition=prelim) et seq.); or
(D) in sections 3131 through 3134 of title 40, except any modification of any such dollar threshold made by regulation in effect on the date of the enactment of this subparagraph shall remain in effect.
(3) **Relationship to other inflation adjustment authorities.—** — This section supersedes the applicability of other provisions of law that provide for the adjustment of a dollar threshold that is adjustable under this section.
**(c) Requirement for Periodic Adjustment.—**
(1) **Baseline constant dollar value.—** — For purposes of paragraph (2), the baseline constant dollar value for a dollar threshold—
(A) in effect on October 1, 2000, that was first specified in a law that took effect on or before October 1, 20
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1908
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim).
**(c) Changes and Variance
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8172
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Federal law — U.S. Code and appendices · legal_authorities
Page 1375
TITLE 38—VETERANS’ BENEFITS
§ 8171
under an agreement entered into by the Sec-
retary pursuant to any provision of law.
(D) The costs to the Secretary of carrying
out the lease.
(E) Documents of the Department sup-
porting the contents of the report described in
subparagraphs (A) through (D).
(Added Pub. L. 112—154, title II, § 211(i)(1), Aug.
6, 2012, 126 Stat. 1181; amended Pub. L. 114–226,
§ 3(c)(2), Sept. 29, 2016, 130 Stat. 931.)
Editorial Notes
REFERENCES IN TEXT
The date of the enactment of the Honoring America’s
Veterans and Caring for Camp Lejeune Families Act of
2012, referred to in subsec. (a)(1), is the date of enact-
ment of Pub. L. 112–154, which was approved Aug. 6,
2012.
PRIOR PROVISIONS
A prior section 8168, added Pub. L. 102–86, title IV,
§ 401(a), Aug. 14, 1991, 105 Stat. 421, limited number of
enhanced-use leases that could be entered into under
this subchapter, prior to repeal by Pub. L. 105–114, title
II, § 205(b)(1), Nov. 21, 1997, 111 Stat. 2288.
AMENDMENTS
2016—Pub. L. 114–226, § 3(c)(2)(A), substituted ‘‘to the
congressional veterans’ affairs committees, the Com-
mittees on Appropriations of the House of Representa-
tives and the Senate, and the Committees on the Budg-
et of the House of Representatives and the Senate’’ for
‘‘to Congress’’ wherever appearing.
Subsec. (a). Pub. L. 114–226, § 3(c)(2)(B), designated ex-
isting provisions as par. (1), substituted ‘‘a report on
enhanced-use leases.’’ for ‘‘a report identifying the ac-
tions taken by the Secretary to implement and admin-
ister enhanced-use leases.’’, and added par. (2).
Subsec. (b). Pub. L. 114–226, § 3(c)(2)(C), designated ex-
isting provisions as par. (1), substituted ‘‘this sub-
chapter.’’ for ‘‘this subchapter, along with an overview
of how the
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 8171
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