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38 U.S.C. § 8172 — Management of major information technology projects
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
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Source file: Laws/federal/codes/united-states-code/title-38/section-8172-management-of-major-information-technology-projects--a9f5e779c0.md
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Source location: Title 38, Chapter 81, § 8172; chapter-081-acquisition-and-operation-of-hospital-and-domiciliary-facilities-procurement-and-supply-enhanced-use-leases-of-real-property.md
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**(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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1201&num=0&edition=prelim); or
(III) the Department of Defense pursuant to [section 1701a of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1701a&num=0&edition=prelim); 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.
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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&
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8171
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** There is established a Federal Acquisition Institute (FAI) in order to—
(1) foster and promote the development of a professional acquisition workforce Government-wide;
(2) promote and coordinate Government-wide research and studies to improve the procurement process and the laws, policies, methods, regulations, procedures, and forms relating to acquisition by the executive agencies;
(3) collect data and analyze acquisition workforce data from the Office of Personnel Management, the heads of executive agencies, and, through periodic surveys, from individual employees;
(4) periodically analyze acquisition career fields to identify critical competencies, duties, tasks, and related academic prerequisites, skills, and knowledge;
(5) coordinate and assist agencies in identifying and recruiting highly qualified candidates for acquisition fields;
(6) develop instructional materials for acquisition personnel in coordination with private and public acquisition colleges and training facilities;
(7) evaluate the effectiveness of training and career development programs for acquisition personnel;
(8) promote the establishment and utilization of academic programs by colleges and universities in acquisition fields;
(9) facilitate, to the extent requested by agencies, interagency intern and training programs;
(10) collaborate with other civilian agency acquisition training programs to leverage training supporting all members of the civilian agency acquisition workforce;
(11) assist civilian agencies with their acquisition and capital planning efforts; and
(12) perform other career management or research functions as directed by the Administrator.
**(b) Budget Resources and Authority.—**
(1) **In general.—** — The Administrator shall recommend to the A
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1201
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose.—** The purpose of this chapter is to require the Department of Defense to develop and manage a highly skilled professional acquisition workforce—
(1) in which excellence and contribution to mission is rewarded;
(2) which has the technical expertise and business skills to ensure the Department receives the best value for the expenditure of public resources;
(3) which serves as a model for performance management of employees of the Department; and
(4) which is managed in a manner that complements and reinforces the management of the defense acquisition system pursuant to chapter 205 of this title.
**(b) Performance Management.—** In order to achieve the purpose set forth in subsection (a), the Secretary of Defense shall—
(1) use the full authorities provided in subsections (a) through (d) of [section 9902 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9902&num=0&edition=prelim), including flexibilities related to performance management and hiring and to training of managers;
(2) require managers to develop performance plans for individual members of the acquisition workforce in order to give members an understanding of how their performance contributes to their organization’s mission and the success of the defense acquisition system (as defined in [section 3001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3001&num=0&edition=prelim));
(3) to the extent appropriate, use the lessons learned from the acquisition demonstration project carried out under [section 1762 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1762&num=0&edition=prelim) related to contribution-based compensation and appraisal, and how those lessons may be ap
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1701a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following:
(1) information on activities and functions of the Government.
(2) when practicable, information on costs and achievements of Government programs.
(3) other desirable classifications of information.
(4) a reconciliation of the summary information on expenditures with proposed appropriations.
(5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year.
(6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under—
(A) laws in effect when the budget is submitted; and
(B) proposals in the budget to increase revenues.
(7) appropriations, expenditures, and receipts of the Government in the prior fiscal year.
(8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year.
(9) balanced statements of the—
(A) condition of the Treasury at the end of the prior fiscal year;
(B) estimated condition of the Treasury at the end of the current fiscal year; and
(C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted.
(10) essential information about the debt of the Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1105
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Federal law — U.S. Code and appendices · legal_authorities
Page 1376
TITLE 38—VETERANS’ BENEFITS
§ 8172
(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.
(Added Pub. L. 117–328, div. U, title IV, § 403(a),
Dec. 29, 2022, 136 Stat. 5486.)
§ 8172. Management of major information tech-
nology projects
(a) COST, SCHEDULE, AND PERFORMANCE INFOR-
MATION.—(1) The Secretary shall, acting through
the Chief Information Officer of the Depart-
ment, submit to the appropriate congressional
committees a report containing information on
the cost, schedule, and performance of each
major information technology project that be-
gins after the date of the enactment of the Jo-
seph 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 com-
mencement 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, imple-
mentation costs, and life cycle costs.
(B) An intended implementation schedule in-
dicating significant milestones, initial oper-
ating capability, and full operating capability
or completion.
(C) Key business, functional, and perform-
ance objectives.
(b) BASELINE.—(1) The Secretary shall use the
information on the cost, schedule, and perform-
ance 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 pro
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 8172
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.