This division may be cited as the `Information Technology Management Reform Act of 1995'.SEC. 5002. DEFINITIONS.
In this division:
(1) DIRECTOR- The term `Director' means the Director of the
Office of Management and Budget.
(2) EXECUTIVE AGENCY- The term `executive agency' has the
meaning given that term in section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1)).
(3) INFORMATION TECHNOLOGY- (A) The term `information
technology', with respect to an executive agency means any
equipment or interconnected system or subsystem of equipment,
that is used in the automatic acquisition, storage,
manipulation, management, movement, control, display,
switching, interchange, transmission, or reception of data or
information by the executive agency. For purposes of the
preceding sentence, equipment is used by an 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
which (i) requires the use of such equipment, or (ii) requires
the use, to a significant extent, of such equipment in the
performance of a service or the furnishing of a product.
(B) The term `information technology' includes computers,
ancillary equipment, software, firmware and similar procedures,
services (including support services), and related resources.
(C) Notwithstanding subparagraphs (A) and (B), the term
`information technology' does not include any equipment that is
acquired by a Federal contractor incidental to a Federal contract.
(4) INFORMATION RESOURCES- The term `information resources'
has the meaning given such term in section 3502(6) of title 44,
United States Code.
(5) INFORMATION RESOURCES MANAGEMENT- The term `information
resources management' has the meaning given such term in
section 3502(7) of title 44, United States Code.
(6) INFORMATION SYSTEM- The term `information system' has the
meaning given such term in section 3502(8) of title 44, United
States Code.
(7) COMMERCIAL ITEM- The term `commercial item' has the
meaning given that term in section 4(12) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(12)).SUBTITLE A--GENERAL AUTHORITY
SEC. 5101. REPEAL OF CENTRAL AUTHORITY OF THE ADMINISTRATOR OF
Section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759) is repealed.
SEC. 5111. RESPONSIBILITY OF DIRECTOR.
In fulfilling the responsibility to administer the functions assigned under chapter 35 of title 44, United States Code, the Director shall comply with this title with respect to the specific matters covered by this title.
SEC. 5112. CAPITAL PLANNING AND INVESTMENT CONTROL.
(a) FEDERAL INFORMATION TECHNOLOGY- The Director shall perform the responsibilities set forth in this section in fulfilling the responsibilities under section 3504(h) of title 44, United States Code. (b) USE OF INFORMATION TECHNOLOGY IN FEDERAL PROGRAMS- The Director shall promote and be responsible for improving the acquisition, use, 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- The Director shall develop, as part of the budget process, a process for analyzing, tracking, and evaluating the 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 include explicit criteria for analyzing the projected and actual costs, benefits, and risks associated with the investments. At the same time that the President submits the budget for a fiscal year to Congress under section 1105(a) of title 31, United States Code, the Director shall submit to Congress a report on the net program performance benefits achieved as a result of major capital investments made by executive agencies in information systems and how the benefits relate to the accomplishment of the goals of the executive agencies. (d) INFORMATION TECHNOLOGY STANDARDS- The Director shall oversee the development and implementation of standards and guidelines pertaining to Federal computer systems by the Secretary of Commerce through the National Institute of Standards and Technology under section 5131 and section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3). (e) DESIGNATION OF EXECUTIVE AGENTS FOR ACQUISITIONS- The Director shall designate (as the Director considers appropriate) one or more heads of executive agencies as executive agent for Government-wide acquisitions of information technology. (f) USE OF BEST PRACTICES IN ACQUISITIONS- The Director shall encourage the heads of the executive agencies to develop and use the best practices in the acquisition of information technology. (g) ASSESSMENT OF OTHER MODELS FOR MANAGING INFORMATION TECHNOLOGY- The Director shall assess, on a continuing basis, the experiences of executive agencies, State and local governments, international organizations, and the private sector in managing information technology. (h) COMPARISON OF AGENCY USES OF INFORMATION TECHNOLOGY- The Director shall compare the performances of the executive agencies in using information technology and shall disseminate the comparisons to the heads of the executive agencies. (i) TRAINING- The Director shall monitor the development and implementation of training in information resources management for executive agency personnel. (j) INFORMING CONGRESS- The Director shall keep Congress fully informed on the extent to which the executive agencies are improving the performance of agency programs and the accomplishment of agency missions through the use of the best practices in information resources management. (k) PROCUREMENT POLICY AND ACQUISITIONS OF INFORMATION TECHNOLOGY- The Director shall coordinate the development and review by the Administrator of the Office of Information and Regulatory Affairs of policy associated with Federal acquisition of information technology with the Office of Federal Procurement Policy.
SEC. 5113. PERFORMANCE-BASED AND RESULTS-BASED MANAGEMENT.
(a) IN GENERAL- The Director shall encourage the use of
performance-based and results-based management in fulfilling the
responsibilities assigned under section 3504(h), of title 44,
United States Code.
(b) Evaluation of Agency Programs and Investments-
(1) REQUIREMENT- The Director shall evaluate the information
resources management practices of the executive agencies with
respect to the performance and results of the investments made
by the executive agencies in information technology.
(2) DIRECTION FOR EXECUTIVE AGENCY ACTION- The Director shall
issue clear and concise direction to the head of each executive agency--
(A) to establish for the executive agency and each of its
major components effective and efficient capital planning
processes for selecting, managing, and evaluating the
results of all of its major investments in information systems;
(B) to determine, before making an investment in a new
information system--
(i) whether the function to be supported by the
system should be performed by the private sector and,
if so, whether any component of the executive agency
performing that function should be converted from a
governmental organization to a private sector organization; or
(ii) whether the function should be performed by the
executive agency and, if so, whether the function
should be performed by a private sector source under
contract or by executive agency personnel;
(C) to analyze the missions of the executive agency
and, based on the analysis, revise the executive agency's
mission-related processes and administrative processes, as
appropriate, before making significant investments in
information technology to be used in support of those missions; and
(D) to ensure that the information security policies,
procedures, and practices are adequate.
(3) GUIDANCE FOR MULTIAGENCY INVESTMENTS- The direction
issued under paragraph (2) shall include guidance for
undertaking efficiently and effectively interagency and
Government-wide investments in information technology to
improve the accomplishment of missions that are common to the
executive agencies.
(4) PERIODIC REVIEWS- The Director shall implement through
the budget process periodic reviews of selected information
resources management activities of the executive agencies in
order to ascertain the efficiency and effectiveness of
information technology in improving the performance of the
executive agency and the accomplishment of the missions of the
executive agency.
(5) Enforcement of accountability-
(A) IN GENERAL- The Director may take any authorized
action that the Director considers appropriate, including
an action involving the budgetary process or appropriations
management process, to enforce accountability of the head
of an executive agency for information resources
management and for the investments made by the executive
agency in information technology.
(B) SPECIFIC ACTIONS- Actions taken by the Director in
the case of an executive agency may include--
(i) recommending a reduction or an increase in any
amount for information resources that the head of the
executive agency proposes for the budget submitted to
Congress under section 1105(a) of title 31, United States Code;
(ii) reducing or otherwise adjusting apportionments
and reapportionments of appropriations for information resources;
(iii) using other authorized administrative controls
over appropriations to restrict the availability of
funds for information resources; and
(iv) designating for the executive agency an
executive agent to contract with private sector sources
for the performance of information resources management
or the acquisition of information technology.
SEC. 5121. RESPONSIBILITIES.
In fulfilling the responsibilities assigned under chapter 35 of title 44, United States Code, the head of each executive agency shall comply with this subtitle with respect to the specific matters covered by this subtitle.
SEC. 5122. CAPITAL PLANNING AND INVESTMENT CONTROL.
(a) DESIGN OF PROCESS- In fulfilling the responsibilities
assigned under section 3506(h) of title 44, United States Code, the
head of each executive agency shall design and implement in the
executive agency a process for maximizing the value and assessing
and managing the risks of the information technology acquisitions
of the executive agency.
(b) CONTENT OF PROCESS- The process of an executive agency shall--
(1) provide for the selection of information technology
investments to be made by the executive agency, the management
of such investments, and the evaluation of the results of such
investments;
(2) be integrated with the processes for making budget,
financial, and program management decisions within the
executive agency;
(3) include minimum criteria to be applied in considering
whether to undertake a particular investment in information
systems, including criteria related to the quantitatively
expressed projected net, risk-adjusted return on investment
and specific quantitative and qualitative criteria for
comparing and prioritizing alternative information systems
investment projects;
(4) provide for identifying information systems investments
that would result in shared benefits or costs for other
Federal agencies or State or local governments;
(5) provide for identifying for a proposed investment
quantifiable measurements for determining the net benefits and
risks of the investment; and
(6) provide the means for senior management personnel of the
executive agency to obtain timely information regarding the
progress of an investment in an information system, including a
system of milestones for measuring progress, on an independently
verifiable basis, in terms of cost, capability of the system to meet
specified requirements, timeliness, and quality.
SEC. 5123. PERFORMANCE AND RESULTS-BASED MANAGEMENT.
In fulfilling the responsibilities under section 3506(h) of title
44, United States Code, the head of an executive agency shall--
(1) establish goals for improving the efficiency and
effectiveness of agency operations and, as appropriate, the
delivery of services to the public through the effective use of
information technology;
(2) prepare an annual report, to be included in the executive
agency's budget submission to Congress, on the progress in
achieving the goals;
(3) ensure that performance measurements are prescribed for
information technology used by or to be acquired for, the
executive agency and that the performance measurements measure
how well the information technology supports programs of the
executive agency;
(4) where comparable processes and organizations in the
public or private sectors exist, quantitatively benchmark
agency process performance against such processes in terms of
cost, speed, productivity, and quality of outputs and outcomes;
(5) analyze the missions of the executive agency and, based
on the analysis, revise the executive agency's mission-related
processes and administrative processes as appropriate before
making significant investments in information technology that
is to be used in support of the performance of those missions; and
(6) ensure that the information security policies,
procedures, and practices of the executive agency are adequate.
SEC. 5124. ACQUISITIONS OF INFORMATION TECHNOLOGY.
(a) IN GENERAL- The authority of the head of an executive agency
to conduct an acquisition of information technology includes the
following authorities:
(1) To acquire information technology as authorized by law.
(2) To enter into a contract that provides for multiagency
acquisitions of information technology in accordance with
guidance issued by the Director.
(3) If the Director finds that it would be advantageous for
the Federal Government to do so, to enter into a multiagency
contract for procurement of commercial items of information
technology that requires each executive agency covered by the
contract, when procuring such items, either to procure the
items under that contract or to justify an alternative
procurement of the items.
(b) FTS 2000 PROGRAM- Notwithstanding any other provision of this
or any other law, the Administrator of General Services shall
continue to manage the FTS 2000 program, and to coordinate the
follow-on to that program, on behalf of and with the advice of the
heads of executive agencies.
SEC. 5125. AGENCY CHIEF INFORMATION OFFICER.
(a) DESIGNATION OF CHIEF INFORMATION OFFICERS- Section 3506 of
title 44, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)(A), by striking out `senior official' and
inserting in lieu thereof `Chief Information Officer';
(B) in paragraph (2)(B)--
(i) by striking out `senior officials' in the first
sentence and inserting in lieu thereof `Chief
Information Officers';
(ii) by striking out `official' in the second
sentence and inserting in lieu thereof `Chief
Information Officer'; and
(iii) by striking out `officials' in the second
sentence and inserting in lieu thereof `Chief
Information Officers'; and
(C) in paragraphs (3) and (4), by striking out `senior
official' each place it appears and inserting in lieu
thereof `Chief Information Officer'; and
(2) in subsection (c)(1), by striking out `official' in the
matter preceding subparagraph (A) and inserting in lieu thereof
`Chief Information Officer'.
(b) GENERAL RESPONSIBILITIES- The Chief Information Officer of an
executive agency shall be responsible for--
(1) providing advice and other assistance to the head of the
executive agency and other senior management personnel of the
executive agency to ensure that information technology is
acquired and information resources are managed for the
executive agency in a manner that implements the policies and
procedures of this division, consistent with chapter 35 of
title 44, United States Code, and the priorities established by
the head of the executive agency;
(2) developing, maintaining, and facilitating the
implementation of a sound and integrated information technology
architecture for the executive agency; and
(3) promoting the effective and efficient design and
operation of all major information resources management
processes for the executive agency, including improvements to
work processes of the executive agency.
(c) DUTIES AND QUALIFICATIONS- The Chief Information Officer of
an agency that is listed in section 901(b) of title 31, United
States Code, shall--
(1) have information resources management duties as that
official's primary duty;
(2) monitor the performance of information technology
programs of the agency, evaluate the performance of those
programs on the basis of the applicable performance
measurements, and advise the head of the agency regarding
whether to continue, modify, or terminate a program or project;
and
(3) annually, as part of the strategic planning and
performance evaluation process required (subject to section
1117 of title 31, United States Code) under section 306 of
title 5, United States Code, and sections 1105(a)(29), 1115,
1116, 1117, and 9703 of title 31, United States Code--
(A) assess the requirements established for agency
personnel regarding knowledge and skill in information
resources management and the adequacy of such requirements
for facilitating the achievement of the performance goals
established for information resources management;
(B) assess the extent to which the positions and
personnel at the executive level of the agency and the
positions and personnel at management level of the agency
below the executive level meet those requirements;
(C) in order to rectify any deficiency in meeting those
requirements, develop strategies and specific plans for
hiring, training, and professional development; and
(D) report to the head of the agency on the progress
made in improving information resources management
capability.
(d) INFORMATION TECHNOLOGY ARCHITECTURE DEFINED- In this section,
the term `information technology architecture', with respect to an
executive agency, means an integrated framework for evolving or
maintaining existing information technology and acquiring new
information technology to achieve the agency's strategic goals and
information resources management goals.
(e) EXECUTIVE LEVEL IV- Section 5315 of title 5, United States
Code, is amended by adding at the end the following:
`Chief Information Officer, Department of Agriculture.
`Chief Information Officer, Department of Commerce.
`Chief Information Officer, Department of Defense (unless the
official designated as the Chief Information Officer of the
Department of Defense is an official listed under section 5312,
5313, or 5314 of this title).
`Chief Information Officer, Department of Education.
`Chief Information Officer, Department of Energy.
`Chief Information Officer, Department of Health & Human Services.
`Chief Information Officer, Department of Housing and Urban Development.
`Chief Information Officer, Department of Interior.
`Chief Information Officer, Department of Justice.
`Chief Information Officer, Department of Labor.
`Chief Information Officer, Department of State.
`Chief Information Officer, Department of Transportation.
`Chief Information Officer, Department of Treasury.
`Chief Information Officer, Department of Veterans Affairs.
`Chief Information Officer, Environmental Protection Agency.
`Chief Information Officer, National Aeronautics and Space Administration.
`Chief Information Officer, Agency for International Development.
`Chief Information Officer, Federal Emergency Management Agency.
`Chief Information Officer, General Services Administration.
`Chief Information Officer, National Science Foundation.
`Chief Information Officer, Nuclear Regulatory Agency.
`Chief Information Officer, Office of Personnel Management.
`Chief Information Officer, Small Business Administration.'.
SEC. 5126. ACCOUNTABILITY.
The head of each executive agency, in consultation with the Chief
Information Officer and the Chief Financial Officer of that
executive agency (or, in the case of an executive agency without a
Chief Financial Officer, any comparable official), shall establish
policies and procedures that--
(1) ensure that the accounting, financial, and asset
management systems and other information systems of the
executive agency are designed, developed, maintained, and used
effectively to provide financial or program performance data
for financial statements of the executive agency;
(2) ensure that financial and related program performance
data are provided on a reliable, consistent, and timely basis
to executive agency financial management systems; and
(3) ensure that financial statements support--
(A) assessments and revisions of mission-related
processes and administrative processes of the executive
agency; and
(B) performance measurement of the performance in the
case of investments made by the agency in information
systems.
SEC. 5127. SIGNIFICANT DEVIATIONS.
The head of an executive agency shall identify in the strategic information resources management plan required under section 3506(b)(2) of title 44, United States Code, any major information technology acquisition program, or any phase or increment of such a program, that has significantly deviated from the cost, performance, or schedule goals established for the program.
SEC. 5128. INTERAGENCY SUPPORT.
Funds available for an executive agency for oversight, acquisition, and procurement of information technology may be used by the head of the executive agency to support jointly with other executive agencies the activities of interagency groups that are established to advise the Director in carrying out the Director's responsibilities under this title. The use of such funds for that purpose shall be subject to such requirements and limitations on uses and amounts as the Director may prescribe. The Director shall prescribe any such requirements and limitations during the Director's review of the executive agency's proposed budget submitted to the Director by the head of the executive agency for purposes of section 1105 of title 31, United States Code.
SEC. 5131. RESPONSIBILITIES REGARDING EFFICIENCY, SECURITY, AND
(a) STANDARDS AND GUIDELINES-
(1) AUTHORITY- The Secretary of Commerce shall, on the basis
of standards and guidelines developed by the National Institute
of Standards and Technology pursuant to paragraphs (2) and (3)
of section 20(a) of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3(a)), promulgate standards and
guidelines pertaining to Federal computer systems. The
Secretary shall make such standards compulsory and binding to
the extent to which the Secretary determines necessary to
improve the efficiency of operation or security and privacy of
Federal computer systems. The President may disapprove or
modify such standards and guidelines if the President
determines such action to be in the public interest. The
President's authority to disapprove or modify such standards
and guidelines may not be delegated. Notice of such disapproval
or modification shall be published promptly in the Federal
Register. Upon receiving notice of such disapproval or
modification, the Secretary of Commerce shall immediately
rescind or modify such standards or guidelines as directed by
the President.
(2) EXERCISE OF AUTHORITY- The authority conferred upon the
Secretary of Commerce by this section shall be exercised
subject to direction by the President and in coordination with
the Director to ensure fiscal and policy consistency.
(b) APPLICATION OF MORE STRINGENT STANDARDS- The head of a
Federal agency may employ standards for the cost-effective security
and privacy of sensitive information in a Federal computer system
within or under the supervision of that agency that are more
stringent than the standards promulgated by the Secretary of
Commerce under this section, if such standards contain, at a
minimum, the provisions of those applicable standards made
compulsory and binding by the Secretary of Commerce.
(c) WAIVER OF STANDARDS- The standards determined under
subsection (a) to be compulsory and binding may be waived by the
Secretary of Commerce in writing upon a determination that
compliance would adversely affect the accomplishment of the mission
of an operator of a Federal computer system, or cause a major
adverse financial impact on the operator which is not offset by
Government-wide savings. The Secretary may delegate to the head of
one or more Federal agencies authority to waive such standards to
the extent to which the Secretary determines such action to be
necessary and desirable to allow for timely and effective
implementation of Federal computer system standards. The head of
such agency may redelegate such authority only to a Chief
Information Officer designated pursuant to section 3506 of title
44, United States Code. Notice of each such waiver and delegation
shall be transmitted promptly to Congress and shall be published
promptly in the Federal Register.
(d) DEFINITIONS- In this section, the terms `Federal computer
system' and `operator of a Federal computer system' have the
meanings given such terms in section 20(d) of the National
Institute of Standards and Technology Act (15 U.S.C. 278g-3(d)).
(e) TECHNICAL AMENDMENTS- Chapter 35 of title 44, United States
Code, is amended--
(1) in section 3504(g)--
(A) in paragraph (2), by striking out `the Computer
Security Act of 1987 (40 U.S.C. 759 note)' and inserting in
lieu thereof `sections 20 and 21 of the National Institute
of Standards and Technology Act (15 U.S.C. 278g-3 and
278g-4), section 5131 of the Information Technology
Management Reform Act of 1995, and sections 5 and 6 of the
Computer Security Act of 1987 (40 U.S.C. 759 note)'; and
(B) in paragraph (3), by striking out `the Computer
Security Act of 1987 (40 U.S.C. 759 note)' and inserting in
lieu thereof `the standards and guidelines promulgated
under section 5131 of the Information Technology Management
Reform Act of 1995 and sections 5 and 6 of the Computer
Security Act of 1987 (40 U.S.C. 759 note)'; and
(2) in section 3518(d), by striking out `Public Law 89-306 on
the Administrator of the General Services Administration, the
Secretary of Commerce, or' and inserting in lieu thereof
`section 5131 of the Information Technology Management Reform
Act of 1995 and the Computer Security Act of 1987 (40 U.S.C.
759 note) on the Secretary of Commerce or'.
SEC. 5132. SENSE OF CONGRESS.
It is the sense of Congress that, during the next five-year period beginning with 1996, executive agencies should achieve each year at least a 5 percent decrease in the cost (in constant fiscal year 1996 dollars) that is incurred by the agency for operating and maintaining information technology, and each year a 5 percent increase in the efficiency of the agency operations, by reason of improvements in information resources management by the agency.
SEC. 5141. APPLICABILITY TO NATIONAL SECURITY SYSTEMS.
(a) IN GENERAL- Except as provided in subsection (b), this title
does not apply to national security systems.
(b) EXCEPTIONS-
(1) IN GENERAL- Sections 5123, 5125, and 5126 apply to
national security systems.
(2) CAPITAL PLANNING AND INVESTMENT CONTROL- The heads of
executive agencies shall apply sections 5112 and 5122 to
national security systems to the extent practicable.
(3) PERFORMANCE AND RESULTS OF INFORMATION TECHNOLOGY
INVESTMENTS- (A) Subject to subparagraph (B), the heads of
executive agencies shall apply section 5113 to national
security systems to the extent practicable.
(B) National security systems shall be subject to section
5113(b)(5) except for subparagraph (B)(iv) of that section.
SEC. 5142. NATIONAL SECURITY SYSTEM DEFINED.
(a) DEFINITION- In this subtitle, the term `national security
system' means any telecommunications or information system operated
by the United States Government, the function, operation, or use of
which--
(1) involves intelligence activities;
(2) involves cryptologic activities related to national security;
(3) involves command and control of military forces;
(4) involves equipment that is an integral part of a weapon
or weapons system; or
(5) subject to subsection (b), is critical to the direct
fulfillment of military or intelligence missions.
(b) LIMITATION- Subsection (a)(5) does not include a system that
is to be used for routine administrative and business applications
(including payroll, finance, logistics, and personnel management
applications).
SEC. 5201. PROCUREMENT PROCEDURES.
The Federal Acquisition Regulatory Council shall ensure that, to the maximum extent practicable, the process for acquisition of information technology is a simplified, clear, and understandable process that specifically addresses the management of risk, incremental acquisitions, and the need to incorporate commercial information technology in a timely manner.
SEC. 5202. INCREMENTAL ACQUISITION OF INFORMATION TECHNOLOGY.
(a) POLICY- The Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is amended by adding at the end the following new section:
`SEC. 35. MODULAR CONTRACTING FOR INFORMATION TECHNOLOGY.
(a) IN GENERAL- The head of an executive agency should, to the maximum extent
practicable, use modular contracting for an acquisition of a major system of
information technology.
(b) MODULAR CONTRACTING DESCRIBED- Under modular contracting, an executive agency's
need for a system is satisfied in successive acquisitions of interoperable
increments. Each increment complies with common or commercially accepted standards
applicable to information technology so that the increments are compatible with other
increments of information technology comprising the system.
(c) IMPLEMENTATION- The Federal Acquisition Regulation shall provide that--
(1) under the modular contracting process, an acquisition of a major system of
information technology may be divided into several smaller acquisition
increments that--
(A) are easier to manage individually than would be one
comprehensive acquisition;
(B) address complex information technology objectives incrementally in
order to enhance the likelihood of achieving workable solutions for
attainment of those objectives;
(C) provide for delivery, implementation, and testing of workable systems
or solutions in discrete increments each of which comprises a system or
solution that is not dependent on any subsequent increment in order to
perform its principal functions; and
(D) provide an opportunity for subsequent increments of the acquisition to
take advantage of any evolution in technology or needs that occur during
conduct of the earlier increments;
(2) a contract for an increment of an information technology acquisition should,
to the maximum extent practicable, be awarded within 180 days after the date on
which the solicitation is issued and, if the contract for that increment cannot
be awarded within such period, the increment should be considered for
cancellation; and
(3) the information technology provided for in a contract for acquisition of
information technology should be delivered within 18 months after the date on
which the solicitation resulting in award of the contract was issued.'.
(b) CLERICAL AMENDMENT- The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section
34 the following new item:
`Sec. 35. Modular contracting for information technology.'.
SUBTITLE A--CONDUCT OF PILOT PROGRAMS
SEC. 5301. AUTHORITY TO CONDUCT PILOT PROGRAMS.
(a) In General-
(1) PURPOSE- The Administrator for Federal Procurement Policy
(hereinafter referred to as the `Administrator'), in
consultation with the Administrator for the Office of
Information and Regulatory Affairs, may conduct pilot programs
in order to test alternative approaches for acquisition of
information technology by executive agencies.
(2) MULTIAGENCY, MULTI-ACTIVITY CONDUCT OF EACH PROGRAM-
Except as otherwise provided in this title, each pilot program conducted
under this title shall be carried out in not more than two procuring
activities in each of the executive agencies that are designated by the
Administrator in accordance with this title to carry out the pilot program.
The head of each designated executive agency shall, with the approval of
the Administrator, select the procuring activities of the executive agency
that are to participate in the test and shall designate a procurement
testing official who shall be responsible for the conduct and evaluation of
the pilot program within the executive agency.
(b) Limitations-
(1) NUMBER- Not more than two pilot programs may be conducted
under the authority of this title, including one pilot program
each pursuant to the requirements of sections 5311 and 5312.
(2) AMOUNT- The total amount obligated for contracts entered
into under the pilot programs conducted under the authority of
this title may not exceed $750,000,000. The Administrator shall
monitor such contracts and ensure that contracts are not
entered into in violation of the limitation in the preceding
sentence.
(c) Period of Programs-
(1) IN GENERAL- Subject to paragraph (2), any pilot program
may be carried out under this title for the period, not in
excess of five years, that is determined by the Administrator
as being sufficient to establish reliable results.
(2) CONTINUING VALIDITY OF CONTRACTS- A contract entered into
under the pilot program before the expiration of that program
shall remain in effect according to the terms of the contract
after the expiration of the program.
SEC. 5302. EVALUATION CRITERIA AND PLANS.
(a) MEASURABLE TEST CRITERIA- The head of each executive agency conducting a pilot program under section 5301 shall establish, to the maximum extent practicable, measurable criteria for evaluating the effects of the procedures or techniques to be tested under the program. (b) TEST PLAN- Before a pilot program may be conducted under section 5301, the Administrator shall submit to Congress a detailed test plan for the program, including a detailed description of the procedures to be used and a list of any regulations that are to be waived.
SEC. 5303. REPORT.
(a) REQUIREMENT- Not later than 180 days after the completion of
a pilot program under this title, the Administrator shall--
(1) submit to the Director a report on the results and
findings under the program; and
(2) provide a copy of the report to Congress.
(b) CONTENT- The report shall include the following:
(1) A detailed description of the results of the program, as
measured by the criteria established for the program.
(2) A discussion of any legislation that the Administrator
recommends, or changes in regulations that the Administrator
considers necessary, in order to improve overall information
resources management within the Federal Government.
SEC. 5304. RECOMMENDED LEGISLATION.
If the Director determines that the results and findings under a pilot program under this title indicate that legislation is necessary or desirable in order to improve the process for acquisition of information technology, the Director shall transmit the Director's recommendations for such legislation to Congress.
SEC. 5305. RULE OF CONSTRUCTION.
Nothing in this title shall be construed as authorizing the appropriation or obligation of funds for the pilot programs authorized under this title.
SEC. 5311. SHARE-IN-SAVINGS PILOT PROGRAM.
(a) REQUIREMENT- The Administrator may authorize the heads of two
executive agencies to carry out a pilot program to test the
feasibility of--
(1) contracting on a competitive basis with a private sector
source to provide the Federal Government with an information
technology solution for improving mission-related or
administrative processes of the Federal Government; and
(2) paying the private sector source an amount equal to a
portion of the savings derived by the Federal Government from
any improvements in mission-related processes and
administrative processes that result from implementation of the solution.
(b) LIMITATIONS- The head of an executive agency authorized to
carry out the pilot program may, under the pilot program, carry out
one project and enter into not more than five contracts for the project.
(c) SELECTION OF PROJECTS- The projects shall be selected by the
Administrator, in consultation with the Administrator for the
Office of Information and Regulatory Affairs.
SEC. 5312. SOLUTIONS-BASED CONTRACTING PILOT PROGRAM.
(a) IN GENERAL- The Administrator may authorize the heads of any
of the executive agencies, in accordance with subsection (d)(2), to
carry out a pilot program to test the feasibility of using
solutions-based contracting for acquisition of information technology.
(b) SOLUTIONS-BASED CONTRACTING DESCRIBED- For purposes of this
section, solutions-based contracting is an acquisition method under
which the acquisition objectives are defined by the Federal
Government user of the technology to be acquired, a streamlined
contractor selection process is used, and industry sources are
allowed to provide solutions that attain the objectives effectively.
(c) PROCESS REQUIREMENTS- The Administrator shall require use of
a process with the following aspects for acquisitions under the
pilot program:
(1) ACQUISITION PLAN EMPHASIZING DESIRED RESULT- Preparation of an
acquisition plan that defines the functional requirements of the intended
users of the information technology to be acquired, identifies the
operational improvements to be achieved, and defines the performance
measurements to be applied in determining whether the information
technology acquired satisfies the defined requirements and attains the
identified results.
(2) RESULTS-ORIENTED STATEMENT OF WORK- Use of a statement of
work that is limited to an expression of the end results or
performance capabilities desired under the acquisition plan.
(3) SMALL ACQUISITION ORGANIZATION- Assembly of a small
acquisition organization consisting of the following:
(A) An acquisition management team, the members of which
are to be evaluated and rewarded under the pilot program
for contributions toward attainment of the desired results
identified in the acquisition plan.
(B) A small source selection team composed of
representatives of the specific mission or administrative
area to be supported by the information technology to be
acquired, together with a contracting officer and persons
with relevant expertise.
(4) USE OF SOURCE SELECTION FACTORS EMPHASIZING SOURCE
QUALIFICATIONS AND COSTS- Use of source selection factors that emphasize--
(A) the qualifications of the offeror, including such
factors as personnel skills, previous experience in
providing other private or public sector organizations with
solutions for attaining objectives similar to the
objectives of the acquisition, past contract performance,
qualifications of the proposed program manager, and the
proposed management plan; and
(B) the costs likely to be associated with the conceptual
approach proposed by the offeror.
(5) OPEN COMMUNICATIONS WITH CONTRACTOR COMMUNITY- Open
availability of the following information to potential offerors:
(A) The agency mission to be served by the acquisition.
(B) The functional process to be performed by use of
information technology.
(C) The process improvements to be attained.
(6) SIMPLE SOLICITATION- Use of a simple solicitation that
sets forth only the functional work description, the source
selection factors to be used in accordance with paragraph (4),
the required terms and conditions, instructions regarding
submission of offers, and the estimate of the Federal
Government's budget for the desired work.
(7) SIMPLE PROPOSALS- Submission of oral presentations and
written proposals that are limited in size and scope and
contain information on--
(A) the offeror's qualifications to perform the desired
work;
(B) past contract performance;
(C) the proposed conceptual approach; and
(D) the costs likely to be associated with the proposed
conceptual approach.
(8) SIMPLE EVALUATION- Use of a simplified evaluation
process, to be completed within 45 days after receipt of
proposals, which consists of the following:
(A) Identification of the most qualified offerors that
are within the competitive range.
(B) Issuance of invitations for at least three and not
more than five of the identified offerors to make oral
presentations to, and engage in discussions with, the
evaluating personnel regarding, for each offeror--
(i) the qualifications of the offeror, including how
the qualifications of the offeror relate to the
approach proposed to be taken by the offeror in the
acquisition; and
(ii) the costs likely to be associated with the approach.
(C) Evaluation of the qualifications of the identified
offerors and the costs likely to be associated with the
offerors' proposals on the basis of submissions required
under the process and any oral presentations made by, and
any discussions with, the offerors.
(9) SELECTION OF MOST QUALIFIED OFFEROR- A selection process
consisting of the following:
(A) Identification of the most qualified source, and
ranking of alternative sources, primarily on the basis of
the oral proposals, presentations, and discussions, and
written proposals submitted in accordance with paragraph (7).
(B) Conduct for 30 to 60 days of a program definition
phase (funded, in the case of the source ultimately awarded
the contract, by the Federal Government)--
(i) during which the selected source, in consultation
with one or more intended users, develops a conceptual
system design and technical approach, defines logical
phases for the project, and estimates the total cost
and the cost for each phase; and
(ii) after which a contract for performance of the
work may be awarded to that source on the basis of
cost, the responsiveness, reasonableness, and quality
of the proposed performance, and a sharing of risk and
benefits between the source and the Government.
(C) Conduct of as many successive program definition phases with
alternative sources (in the order ranked) as is necessary in order to award
a contract in accordance with subparagraph (B).
(10) SYSTEM IMPLEMENTATION PHASING- System implementation to
be executed in phases that are tailored to the solution, with
various contract arrangements being used, as appropriate, for
various phases and activities.
(11) MUTUAL AUTHORITY TO TERMINATE- Authority for the Federal
Government or the contractor to terminate the contract without
penalty at the end of any phase defined for the project.
(12) TIME MANAGEMENT DISCIPLINE- Application of a standard
for awarding a contract within 105 to 120 days after issuance
of the solicitation.
(d) Pilot Program Design-
(1) JOINT PUBLIC-PRIVATE WORKING GROUP- The Administrator, in
consultation with the Administrator for the Office of
Information and Regulatory Affairs, shall establish a joint
working group of Federal Government personnel and
representatives of the information technology industry to
design a plan for conduct of any pilot program carried out
under this section.
(2) CONTENT OF PLAN- The plan shall provide for use of
solutions-based contracting in the Department of Defense and
not more than two other executive agencies for a total of--
(A) not more than 10 projects, each of which has an
estimated cost of between $25,000,000 and $100,000,000; and
(B) not more than 10 projects, each of which has an
estimated cost of between $1,000,000 and $5,000,000, to be
set aside for small business concerns.
(3) COMPLEXITY OF PROJECTS- (A) Subject to subparagraph (C),
each acquisition project under the pilot program shall be
sufficiently complex to provide for meaningful evaluation of
the use of solutions-based contracting for acquisition of
information technology for executive agencies.
(B) In order for an acquisition project to satisfy the
requirement in subparagraph (A), the solution for attainment of
the executive agency's objectives under the project should not
be obvious, but rather shall involve a need for some innovative
development and systems integration.
(C) An acquisition project should not be so extensive or
lengthy as to result in undue delay in the evaluation of the
use of solutions-based contracting.
(e) MONITORING BY GAO- The Comptroller General of the United
States shall--
(1) monitor the conduct, and review the results, of
acquisitions under the pilot program; and
(2) submit to Congress periodic reports containing the views
of the Comptroller General on the activities, results, and
findings under the pilot program.
SEC. 5401. ON-LINE MULTIPLE AWARD SCHEDULE CONTRACTING.
(a) AUTOMATION OF MULTIPLE AWARD SCHEDULE CONTRACTING- In order
to provide for the economic and efficient procurement of
information technology and other commercial items, the
Administrator of General Services shall provide through the Federal
Acquisition Computer Network (in this section referred to as
`FACNET'), not later than January 1, 1998, Government-wide on-line
computer access to information on products and services that are
available for ordering under the multiple award schedules. If the
Administrator determines it is not practicable to provide such
access through FACNET, the Administrator shall provide such access
through another automated system that has the capability to perform
the functions listed in subsection (b)(1) and meets the requirement
of subsection (b)(2).
(b) ADDITIONAL FACNET FUNCTIONS- (1) In addition to the functions
specified in section 30(b) of the Office of Federal Procurement
Policy Act (41 U.S.C. 426(b)), the FACNET architecture shall have
the capability to perform the following functions:
(A) Provide basic information on prices, features, and
performance of all products and services available for ordering
through the multiple award schedules.
(B) Provide for updating that information to reflect changes
in prices, features, and performance as soon as information on
the changes becomes available.
(C) Enable users to make on-line computer comparisons of the
prices, features, and performance of similar products and
services offered by various vendors.
(2) The FACNET architecture shall be used to place orders under
the multiple award schedules in a fiscal year for an amount equal
to at least 60 percent of the total amount spent for all orders
under the multiple award schedules in that fiscal year.
(c) STREAMLINED PROCEDURES-
(1) PILOT PROGRAM- Upon certification by the Administrator of
General Services that the FACNET architecture meets the
requirements of subsection (b)(1) and was used as required by
subsection (b)(2) in the fiscal year preceding the fiscal year
in which the certification is made, the Administrator for
Federal Procurement Policy may establish a pilot program to
test streamlined procedures for the procurement of information
technology products and services available for ordering through
the multiple award schedules.
(2) APPLICABILITY TO MULTIPLE AWARD SCHEDULE CONTRACTS-
Except as provided in paragraph (4), the pilot program shall
be applicable to all multiple award schedule contracts for the
purchase of information technology and shall test the following
procedures:
(A) A procedure under which negotiation of the terms and
conditions for a covered multiple award schedule contract
is limited to terms and conditions other than price.
(B) A procedure under which the vendor establishes the
prices under a covered multiple award schedule contract and
may adjust those prices at any time in the discretion of
the vendor.
(C) A procedure under which a covered multiple award
schedule contract is awarded to any responsible offeror
that--
(i) has a suitable record of past performance, which
may include past performance on multiple award schedule
contracts;
(ii) agrees to terms and conditions that the Administrator
determines as being required by law or as being appropriate for
the purchase of commercial items; and
(iii) agrees to establish and update prices,
features, and performance and to accept orders
electronically through the automated system established
pursuant to subsection (a).
(3) COMPTROLLER GENERAL REVIEW AND REPORT- (A) Not later than
three years after the date on which the pilot program is
established, the Comptroller General of the United States shall
review the pilot program and report to the Congress on the
results of the pilot program.
(B) The report shall include the following:
(i) An evaluation of the extent to which there is
competition for the orders placed under the pilot program.
(ii) The effect that the streamlined procedures under the
pilot program have on prices charged under multiple award
schedule contracts.
(iii) The effect that such procedures have on paperwork
requirements for multiple award schedule contracts and orders.
(iv) The impact of the pilot program on small businesses
and socially and economically disadvantaged small businesses.
(4) WITHDRAWAL OF SCHEDULE OR PORTION OF SCHEDULE FROM PILOT
PROGRAM- The Administrator may withdraw a multiple award
schedule or portion of a schedule from the pilot program if the
Administrator determines that (A) price competition is not
available under such schedule or portion thereof, or (B) the
cost to the Government for that schedule or portion thereof for
the previous year was higher than it would have been if the
contracts for such schedule or portion thereof had been awarded
using procedures that would apply if the pilot program were not
in effect. The Administrator shall notify Congress at least 30
days before the date on which the Administrator withdraws a
schedule or portion thereof under this paragraph. The authority
under this paragraph may not be delegated.
(5) TERMINATION OF PILOT PROGRAM- Unless reauthorized by law,
the authority of the Administrator to award contracts under the
pilot program shall expire four years after the date on which
the pilot program is established. Contracts entered into before
the authority expires shall remain in effect in accordance with
their terms notwithstanding the expiration of the authority to
award new contracts under the pilot program.
(d) DEFINITION- In this section, the term `FACNET' means the
Federal Acquisition Computer Network established under section 30
of the Office of Federal Procurement Policy Act (41 U.S.C. 426).
Not later than six months after the date of the enactment of this Act, the head of an executive agency shall inventory all computer equipment under the control of that official. After completion of the inventory, the head of the executive agency shall maintain, in accordance with title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.), an inventory of any such equipment that is excess or surplus property.
SEC. 5403. ACCESS OF CERTAIN INFORMATION IN INFORMATION SYSTEMS TO
Notwithstanding any other provision of this division, if in designing an information technology system pursuant to this division, the head of an executive agency determines that a purpose of the system is to disseminate information to the public, then the head of such executive agency shall reasonably ensure that an index of information disseminated by such system is included in the directory created pursuant to section 4101 of title 44, United States Code. Nothing in this section authorizes the dissemination of information to the public unless otherwise authorized.
SEC. 5501. PERIOD FOR PROCESSING PROTESTS.
Title 31, United States Code, is amended as follows:
(1) Section 3553(b)(2)(A) is amended by striking out `35' and
inserting in lieu thereof `30'.
(2) Section 3554 is amended--
(A) in subsection (a)(1), by striking out `125' and
inserting in lieu thereof `100'; and
(B) in subsection (e)--
(i) in paragraph (1), by striking out `Government
Operations' and inserting in lieu thereof `Government
Reform and Oversight'; and
(ii) in paragraph (2), by striking out `125' and
inserting in lieu thereof `100'.
SEC. 5502. AVAILABILITY OF FUNDS FOLLOWING GAO RESOLUTION OF
(a) IN GENERAL- Section 1558 of title 31, United States Code, is
amended--
(1) in the first sentence of subsection (a)--
(A) by inserting `or other action referred to in
subsection (b)' after `protest' the first place it appears;
(B) by striking out `90 working days' and inserting in
lieu thereof `100 days'; and
(C) by inserting `or other action' after `protest' the
second place it appears; and
(2) by striking out subsection (b) and inserting in lieu
thereof the following:
`(b) Subsection (a) applies with respect to--
`(1) any protest filed under subchapter V of chapter 35 of
this title; or
`(2) an action commenced under administrative procedures or
for a judicial remedy if--
`(A) the action involves a challenge to--
`(i) a solicitation for a contract;
`(ii) a proposed award of a contract;
`(iii) an award of a contract; or
`(iv) the eligibility of an offeror or potential
offeror for a contract or of the contractor awarded the
contract; and
`(B) commencement of the action delays or prevents an
executive agency from making an award of a contract or
proceeding with a procurement.'.
(b) CONFORMING AMENDMENT- The heading of such section is amended
to read as follows:
-`Sec. 1558. Availability of funds following resolution of a formal
protest or other challenge'.
(c) CLERICAL AMENDMENT- The item relating to such section in the
table of sections at the beginning of chapter 15 of title 31,
United States Code, is amended to read as follows:
`1558. Availability of funds following resolution of a formal
protest or other challenge.'.
SEC. 5601. AMENDMENTS TO TITLE 10, UNITED STATES CODE.
(a) PROTEST FILE- Section 2305(e) is amended by striking out
paragraph (3).
(b) MULTIYEAR CONTRACTS- Section 2306b of such title is amended--
(1) by striking out subsection (k); and
(2) by redesignating subsection (l) as subsection (k).
(c) LAW INAPPLICABLE TO PROCUREMENT OF INFORMATION TECHNOLOGY-
Section 2315 of title 10, United States Code, is amended by
striking out `Section 111' and all that follows through `use of
equipment or services if,' and inserting in lieu thereof the
following: `For the purposes of the Information Technology
Management Reform Act of 1995, the term `national security systems'
means those telecommunications and information systems operated by
the Department of Defense, the functions, operation or use of which'.
SEC. 5602. AMENDMENTS TO TITLE 28, UNITED STATES CODE.
(a) REFERENCES TO BROOKS AUTOMATIC DATA PROCESSING ACT- Section
612 of title 28, United States Code, is amended--
(1) in subsection (f), by striking out `section 111 of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 759)' and inserting in lieu thereof `the provisions of
law, policies, and regulations applicable to executive agencies
under the Information Technology Management Reform Act of 1995';
(2) in subsection (g), by striking out `sections 111 and 201
of the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 481 and 759)' and inserting in lieu thereof `section
201 of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 481)';
(3) by striking out subsection (l); and
(4) by redesignating subsection (m) as subsection (l).
(b) REFERENCES TO AUTOMATIC DATA PROCESSING- Section 612 of title
28, United States Code, is further amended--
(1) in the heading, by striking out the second word and
inserting in lieu thereof ` [Bold->] Information Technology [<-Bold] ';
(2) in subsection (a), by striking out `Judiciary Automation
Fund' and inserting in lieu thereof `Judiciary Information
Technology Fund'; and
(3) by striking out `automatic data processing' and
inserting in lieu thereof `information technology' each place
it appears in subsections (a), (b), (c)(2), (e), (f), and (h)(1).
SEC. 5603. AMENDMENT TO TITLE 31, UNITED STATES CODE.
Section 3552 of title 31, United States Code, is amended by striking out the second sentence.
SEC. 5604. AMENDMENTS TO TITLE 38, UNITED STATES CODE.
Section 310 of title 38, United States Code, is amended to read as follows: `Sec. 310. Chief Information Officer `(a) The Chief Information Officer for the Department is designated pursuant to section 3506(a)(2) of title 44. `(b) The Chief Information Officer performs the duties provided for chief information officers of executive agencies under chapter 35 of title 44 and the Information Technology Management Reform Act of 1995.'.
SEC. 5605. PROVISIONS OF TITLE 44, UNITED STATES CODE, RELATING TO
(a) DEFINITION- Section 3502 of title 44, United States Code, is
amended by striking out paragraph (9) and inserting in lieu thereof
the following:
`(9) the term `information technology' has the meaning given
that term in section 5002 of the Information Technology
Management Reform Act of 1995 but does not include national
security systems as defined in section 5142 of that Act;'.
(b) DEVELOPMENT OF STANDARDS AND GUIDELINES BY NATIONAL INSTITUTE
OF STANDARDS AND TECHNOLOGY- Section 3504(h)(1)(B) of such title is
amended by striking out `section 111(d) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 759(d))' and
inserting in lieu thereof `section 5131 of the Information
Technology Management Reform Act of 1995'.
(c) COMPLIANCE WITH DIRECTIVES- Section 3504(h)(2) of such title
is amended by striking out `sections 110 and 111 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 757 and
759)' and inserting in lieu thereof `the Information Technology
Management Reform Act of 1995 and directives issued under section
110 of the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 757)'.
(d) COLLECTION OF INFORMATION- Section 3507(j)(2) of such title
is amended by striking out `90 days' in the second sentence and
inserting in lieu thereof `180 days'.
SEC. 5606. AMENDMENT TO TITLE 49, UNITED STATES CODE.
Section 40112(a) of title 49, United States Code, is amended by striking out `or a contract to purchase property to which section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759) applies'.
SEC. 5607. OTHER LAWS.
(a) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT- Section
20 of the National Institute of Standards and Technology Act (15
U.S.C. 278g-3) is amended--
(1) in subsection (a)--
(A) by striking out `section 3502(2) of title 44' each
place it appears in paragraphs (2) and (3)(A) and inserting
in lieu thereof `section 3502(9) of title 44'; and
(B) in paragraph (4), by striking out `section 111(d) of
the Federal Property and Administrative Services Act of
1949' and inserting in lieu thereof `section 5131 of the
Information Technology Management Reform Act of 1995';
(2) in subsection (b)--
(A) by striking out paragraph (2);
(B) in paragraph (3), by striking out `section 111(d) of
the Federal Property and Administrative Services Act of
1949' and inserting in lieu thereof `section 5131 of the
Information Technology Management Reform Act of 1995'; and
(C) by redesignating paragraphs (3), (4), (5), and (6) as
paragraphs (2), (3), (4), and (5); and (3) in subsection (d)--
(A) in paragraph (1)(B)(v), by striking out `as defined'
and all that follows and inserting in lieu thereof a
semicolon; and
(B) in paragraph (2)--
(i) by striking out `system'--' and all that follows
through `means' in subparagraph (A) and inserting in
lieu thereof `system' means'; and
(ii) by striking out `; and' at the end of
subparagraph (A) and all that follows through the end
of subparagraph (B) and inserting in lieu thereof a semicolon.
(b) COMPUTER SECURITY ACT OF 1987-
(1) PURPOSES- Section 2(b)(2) of the Computer Security Act of
1987 (Public Law 100-235; 101 Stat. 1724) is amended by
striking out `by amending section 111(d) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 759(d))'.
(2) SECURITY PLAN- Section 6(b) of such Act (101 Stat. 1729;
40 U.S.C. 759 note) is amended--
(A) by striking out `Within one year after the date of
enactment of this Act, each such agency shall, consistent
with the standards, guidelines, policies, and regulations
prescribed pursuant to section 111(d) of the Federal
Property and Administrative Services Act of 1949,' and
inserting in lieu thereof `Each such agency shall,
consistent with the standards, guidelines, policies, and
regulations prescribed pursuant to section 5131 of the
Information Technology Management Reform Act of 1995,'; and
(B) by striking out `Copies' and all that follows through `Code.'.
(c) FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949-
Section 303B(h) of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253b(h)) is amended by striking out
paragraph (3).
(d) OFFICE OF FEDERAL PROCUREMENT POLICY ACT- Section 6(h)(1) of
the Office of Federal Procurement Policy Act (41 U.S.C. 405(h)(1))
is amended by striking out `of automatic data processing and
telecommunications equipment and services or'.
(e) NATIONAL ENERGY CONSERVATION POLICY ACT- Section 801(b)(3) of
the National Energy Conservation Policy Act (42 U.S.C. 8287(b)(3))
is amended by striking out the second sentence.
(f) CENTRAL INTELLIGENCE AGENCY ACT OF 1949- Section 3 of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403c) is amended
by striking out subsection (e).
SEC. 5608. CLERICAL AMENDMENTS.
(a) FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949- The table of contents in section 1(b) of the Federal Property and Administrative Services Act of 1949 is amended by striking out the item relating to section 111. (b) TITLE 38, UNITED STATES CODE- The table of sections at the beginning of chapter 3 of title 38, United States Code, is amended by striking out the item relating to section 310 and inserting in lieu thereof the following: `310. Chief Information Officer.'.
SEC. 5701. EFFECTIVE DATE.
This division and the amendments made by this division shall take effect 180 days after the date of the enactment of this Act.
SEC. 5702. SAVINGS PROVISIONS.
(a) REGULATIONS, INSTRUMENTS, RIGHTS, AND PRIVILEGES- All rules,
regulations, contracts, orders, determinations, permits,
certificates, licenses, grants, and privileges--
(1) which have been issued, made, granted, or allowed to
become effective by the Administrator of General Services or
the General Services Board of Contract Appeals, or by a court
of competent jurisdiction, in connection with an acquisition
activity carried out under the section 111 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
759), and
(2) which are in effect on the effective date of this division,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with
law by the Director or any other authorized official, by a court of
competent jurisdiction, or by operation of law.
(b) Proceedings-
(1) PROCEEDINGS GENERALLY- This division and the amendments
made by this division shall not affect any proceeding,
including any proceeding involving a claim, application, or
protest in connection with an acquisition activity carried out
under section 111 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 759) that is pending before the
Administrator of General Services or the General Services Board
of Contract Appeals on the effective date of this division.
(2) ORDERS- Orders may be issued in any such proceeding,
appeals may be taken therefrom, and payments may be made
pursuant to such orders, as if this division had not been
enacted. An order issued in any such proceeding shall continue
in effect until modified, terminated, superseded, or revoked in
accordance with law by the Director or any other authorized
official, by a court of competent jurisdiction, or by operation
of law.
(3) DISCONTINUANCE OR MODIFICATION OF PROCEEDINGS NOT
PROHIBITED- Nothing in this subsection prohibits the
discontinuance or modification of any such proceeding under the
same terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if this Act
had not been enacted.
(4) OTHER AUTHORITY AND PROHIBITION- Section 1558(a) of title
31, United States Code, and the second sentence of section 3552
of such title shall continue to apply with respect to a protest
process in accordance with this subsection.
(5) REGULATIONS FOR TRANSFER OF PROCEEDINGS- The Director may
prescribe regulations providing for the orderly transfer of
proceedings continued under paragraph (1).
(c) STANDARDS AND GUIDELINES FOR FEDERAL COMPUTER SYSTEMS-
Standards and guidelines that are in effect for Federal computer
systems under section 111(d) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 759(d)) on the day
before the effective date of this division shall remain in effect
until modified, terminated, superseded, revoked, or disapproved
under the authority of section 5131 of this Act.
SEC. 5703. RULES OF CONSTRUCTION.
(a) RELATIONSHIP TO TITLE 44, UNITED STATES CODE- Nothing in this division shall be construed to amend, modify, or supersede any provision of title 44, United States Code, other than chapter 35 of such title. (b) RELATIONSHIP TO COMPUTER SECURITY ACT OF 1987- Nothing in this division shall affect the limitations on authority that is provided for in the administration of the Computer Security Act of 1987 (Public Law 100-235) and the amendments made by such Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
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