[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 731 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 731
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 11, 2021
Mr. Tester (for himself, Mr. Moran, Ms. Sinema, and Mrs. Blackburn)
introduced the following bill; which was read twice and referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
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 2021''.
SEC. 2. MANAGEMENT OF MAJOR INFORMATION TECHNOLOGY PROJECTS.
(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
Subcommittee on Military Construction, Veterans Affairs
and Related Agencies of the Committee on Appropriations
of the Senate; and
``(B) the Committee on Veterans' Affairs and the
Subcommittee on Military Construction, Veterans Affairs
and Related Agencies of 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) 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 an information technology
system.
``(4) The term `life cycle costs' means all direct and
indirect costs to acquire, implement, operate, and maintain an
information technology system.
``(5) The term `major information technology project' means
an information technology project if--
``(A) the project is designated--
``(i) by the Secretary or the Chief
Information Officer of the Department as a
major information technology project; or
``(ii) by the Director of the Office of
Management and Budget as a major information
technology investment, as defined in section
11302 of title 40;
``(B) the dollar value of the project or program is
estimated by the Secretary to exceed--
``(i) $50,000,000 (as adjusted for
inflation pursuant to section 1908 of title 41)
for all project costs in a single fiscal year;
``(ii) $200,000,000 (as adjusted for
inflation pursuant to section 1908 of title 41)
for all project acquisition or implementation
costs for the duration of the project; or
``(iii) $500,000,000 (as adjusted for
inflation pursuant to section 1908 of title 41)
for the total life cycle costs of the project;
or
``(C) any increment of the project separately meets
the requirements of subparagraphs (A) or (B).
``Sec. 8172. Management of major information technology projects
``(a) Cost, Schedule, and Performance Information.--(1) The
Secretary may not obligate or expend funds for any major information
technology project that begins after the date of the enactment of the
Department of Veterans Affairs Information Technology Reform Act of
2021 unless the Secretary, acting through the Chief Information Officer
of the Department, submits to the appropriate congressional committees
a report containing information on the cost, schedule, and performance
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, implementation, 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 an increment therein, a
change or variance that is 10 percent or greater compared to
the baseline;
``(B) with respect to the schedule for achieving a
significant milestone, initial operating capability, or 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 is--
``(A) certified in project management at level
three by the Department or the Department of Defense
pursuant to section 1701a of title 10, or who holds an
equivalent certification by a private sector project
management certification organization, as determined
appropriate by the Secretary; and
``(B) 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
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.--(1) 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.
``(2) Each list included under paragraph (1) shall include, for
each information technology project included in the list, the
following:
``(A) The expenditures to date.
``(B) Planned expenditures for the upcoming fiscal year.
``(C) The scheduled completion date.
``(D) Any known deviation from the schedule, such as
whether the information technology project is behind schedule.
``(E) The planned or actual functionality delivered.
``(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 a
prioritized list, in rank order, of every proposed project of the
Department 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
projects that reflects the needs of all components of the
Department;
``(B) produce one unified list for the entire Department
that shows how the various proposed projects of each of the
components of the Department rank in priority with the projects
of the other components of the Department; and
``(C) ensure that the list--
``(i) does not disaggregate and rank projects based
on component of the Department; and
``(ii) does identify the component 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) Tangible benefits to veterans created or produced by
the information technology project.
``(ii) Operational or efficiency benefits to employees of
the Department created or produced by the information
technology project.
``(iii) The 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) 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, five-year, and 10-year funding
needs of the Department for information technology, disaggregated by
major business line of the Department that requires the funding.
``(2) In addition to the projections under paragraph (1), the
Secretary shall include a description of the following, with respect to
each of the periods set forth in such paragraph, disaggregated by major
business line of the Department:
``(A) The information technology infrastructure and
equipment requirements.
``(B) The funding required for development.
``(C) The funding required for operations and maintenance.
``(D) The funding required by cybersecurity.
``(E) Such other categories of the information technology
needs of the Department as the Secretary considers relevant and
important.
``(d) Decommissioning of Information Technology Systems.--(1) In
addition to the matters included under subsections (a), (b), and (c),
the Secretary shall ensure that the budget justification materials
described in subsection (a) also include information about the
decommissioning of information technology systems and applications of
the Department.
``(2) Information included under paragraph (1) shall include the
following:
``(A) A list of information systems and applications of the
Department that have been scheduled for decommissioning or the
Secretary proposes decommissioning.
``(B) For each information technology system and
application listed under subparagraph (A), the following:
``(i) The cost of maintaining the information
technology system or application.
``(ii) A projection of the cost avoided if the
information technology system or application were to be
decommissioned.
``(iii) A schedule for decommissioning the
information technology system or application.
``(iv) Whether a transition plan for the
functionality of the information technology system or
application to be provided, when appropriate, by other
information technology systems or applications of the
Department has been developed.
``(v) Performance data regarding whether the
Department has decommissioned the information
technology system or application that was set forth
under clause (iii) in the budget justification
materials for the previous fiscal year.''.
(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; Report.--
(1) Current and new 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) 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.
(e) Effective Date of Decommissioning Performance Element of Budget
Justification Materials.--Clause (v) of section 8175(d)(2)(B) 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.
SEC. 3. ASSESSMENT OF SUITABILITY OF CLOUD MIGRATION INVESTMENTS.
(a) Assessment.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs, acting
through the Chief Information Officer of the Department of Veterans
Affairs, shall conduct an assessment, in accordance with guidance from
the Office of Management and Budget, of all information technology
investments of the Department of Veterans Affairs to determine the
suitability of the investments for migration to a cloud computing
service.
(b) Consistent Mechanism.--The Secretary, acting through the Chief
Information Officer, shall establish a consistent and repeatable
mechanism to track savings and cost avoidances from--
(1) the migration of information technology investments to
cloud computing services; and
(2) the deployment of cloud computing services.
SEC. 4. REPORT ON INFORMATION TECHNOLOGY DASHBOARD INFORMATION.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs, acting through the
Chief Information Officer of the Department of Veterans Affairs, shall
submit to the appropriate congressional committees a report
containing--
(1) an explanation of the ratings, rankings, and risk
categorizations used by the Chief Information Officer pursuant
to subparagraph (C) of section 11302(c)(3) of title 40, United
States Code, with respect to the information technology
dashboard of the Office of Management and Budget developed
under such section; and
(2) copies of supporting or explanatory information
provided by the Chief Information Officer to the Office of
Management and Budget with respect to submissions by the Chief
Information Officer to the information technology dashboard for
the fiscal year in which the report is submitted (other than
information not otherwise made public pursuant to such
section).
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' has the meaning given
such term in section 8171 of title 38, United States Code, as added by
section 2.
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