38 USC 8172 – Management of major information technology projects
(a)
Terms Used In 38 USC 8172
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
(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)
(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)
(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)
(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.