H. R. 1530—494
(C) A period of 30 days after the date of submission
of such comments to Congress has expired.
(b) REPORT.—Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to
the Administrator of General Services and to Congress a report
on the implementation of section 201(b) of the Federal Property
and Administrative Services Act of 1949. The report shall include
the following:
(1) An assessment of the effect on industry, including small
businesses and local dealers, of providing for the use of Federal
supply 
schedules 
by 
the 
entities 
described 
in 
section
201(b)(2)(A) of the Federal Property and Administrative Serv-
ices Act of 1949.
(2) An assessment of the effect on such entities of providing
for the use of Federal supply schedules by them.
(c) COMMENTS ON REPORT BY ADMINISTRATOR.—Not later than
30 days after receiving the report of the Comptroller General
required by subsection (b), the Administrator of General Services
shall submit to Congress comments on the report, including the
Administrator’s comments on whether the Administrator plans to
provide any Federal supply schedule for the use of any entity
described in section 201(b)(2)(A) of the Federal Property and
Administrative Services Act of 1949.
(d) CALCULATION
OF 30-DAY PERIOD.—For purposes of sub-
section (a)(2)(C), the calculation of the 30-day period shall exclude
Saturdays, Sundays, and holidays, and any day on which neither
House of Congress is in session because of an adjournment sine
die, a recess of more than 3 days, or an adjournment of more
than 3 days.
SEC. 4310. PROCUREMENT NOTICE TECHNICAL AMENDMENT.
Section 18(c)(1)(E) of the Office of Federal Procurement Policy
Act (41 U.S.C. 416(c)(1)(E)) is amended by inserting after ‘‘require-
ments contract’’ the following: ‘‘, a task order contract, or a delivery
order contract’’.
SEC. 4311. MICRO-PURCHASES WITHOUT COMPETITIVE QUOTATIONS.
Section 32(c) of the Office of Federal Procurement Policy Act
(41 U.S.C. 428), as redesignated by section 4304(c)(3), is amended
by striking out ‘‘the contracting officer’’ and inserting in lieu thereof
‘‘an employee of an executive agency or a member of the Armed
Forces of the United States authorized to do so’’.
Subtitle B—Technical Amendments
SEC. 4321. AMENDMENTS 
RELATED 
TO 
FEDERAL 
ACQUISITION
STREAMLINING ACT OF 1994.
(a) PUBLIC LAW 103–355.—Effective as of October 13, 1994,
and as if included therein as enacted, the Federal Acquisition
Streamlining Act of 1994 (Public Law 103–355; 108 Stat. 3243
et seq.) is amended as follows:
(1) Section 1073 (108 Stat. 3271) is amended by striking
out ‘‘section 303I’’ and inserting in lieu thereof ‘‘section 303K’’.
(2) Section 1202(a) (108 Stat. 3274) is amended by striking
out the closing quotation marks and second period at the end
of paragraph (2)(B) of the subsection inserted by the amend-
ment made by that section.
H. R. 1530—495
(3) Section 1251(b) (108 Stat. 3284) is amended by striking
out ‘‘Office of Federal Procurement Policy Act’’ and inserting
in lieu thereof ‘‘Federal Property and Administrative Services
Act of 1949’’.
(4) Section 2051(e) (108 Stat. 3304) is amended by striking
out the closing quotation marks and second period at the end
of subsection (f)(3) in the matter inserted by the amendment
made by that section.
(5) Section 2101(a)(6)(B)(ii) (108 Stat. 3308) is amended
by replacing ‘‘regulation’’ with ‘‘regulations’’ in the first quoted
matter.
(6) Section 2351(a) (108 Stat. 3322) is amended by inserting
‘‘(1)’’ before ‘‘Section 6’’.
(7) The heading of section 2352(b) (108 Stat. 3322) is
amended by striking out ‘‘PROCEDURES TO SMALL BUSINESS
GOVERNMENT CONTRACTORS.—’’ and inserting in lieu thereof
‘‘PROCEDURES.—’’.
(8) Section 3022 (108 Stat. 3333) is amended by striking
out ‘‘each place’’ and all that follows through the end of the
section and inserting in lieu thereof ‘‘in paragraph (1) and
‘, rent,’ after ‘sell’ in paragraph (2).’’.
(9) Section 5092(b) (108 Stat. 3362) is amended by inserting
‘‘of paragraph (2)’’ after ‘‘second sentence’’.
(10) Section 6005(a) (108 Stat. 3364) is amended by striking
out the closing quotation marks and second period at the end
of subsection (e)(2) of the matter inserted by the amendment
made by that section.
(11) Section 10005(f)(4) (108 Stat. 3409) is amended in
the second matter in quotation marks by striking out ‘‘ ‘SEC.
5. This Act’’ and inserting in lieu thereof ‘‘ ‘SEC. 7. This title’’.
(b) TITLE 10, UNITED STATES CODE.—Title 10, United States
Code, is amended as follows:
(1) Section 2220(b) is amended by striking out ‘‘the date
of the enactment of the Federal Acquisition Streamlining Act
of 1994’’ and inserting in lieu thereof ‘‘October 13, 1994’’.
(2)(A) The section 2247 added by section 7202(a)(1) of Public
Law 103–355 (108 Stat. 3379) is redesignated as section 2249.
(B) The item relating to that section in the table of sections
at the beginning of subchapter I of chapter 134 is revised
to conform to the redesignation made by subparagraph (A).
(3) Section 2302(3)(K) is amended by adding a period at
the end.
(4) Section 2304(f)(2)(D) is amended by striking out ‘‘the
Act of June 25, 1938 (41 U.S.C. 46 et seq.), popularly referred
to as the Wagner-O’Day Act,’’ and inserting in lieu thereof
‘‘the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.),’’.
(5) Section 2304(h) is amended by striking out paragraph
(1) and inserting in lieu thereof the following:
‘‘(1) The Walsh-Healey Act (41 U.S.C. 35 et seq.).’’.
(6)(A) The section 2304a added by section 848(a)(1) of Public
Law 103–160 (107 Stat. 1724) is redesignated as section 2304e.
(B) The item relating to that section in the table of sections
at the beginning of chapter 137 is revised to conform to the
redesignation made by subparagraph (A).
(7) Section 2306a is amended—
(A) in subsection (d)(2)(A)(ii), by inserting ‘‘to’’ after
‘‘The information referred’’;
H. R. 1530—496
(B) in subsection (e)(4)(B)(ii), by striking out the second
comma after ‘‘parties’’; and
(C) in subsection (i)(3), by inserting ‘‘(41 U.S.C.
403(12))’’ before the period at the end.
(8) Section 2323 is amended—
(A) in subsection (a)(1)(C), by inserting a closing paren-
thesis after ‘‘1135d–5(3))’’ and after ‘‘1059c(b)(1))’’;
(B) in subsection (a)(3), by striking out ‘‘(issued under’’
and all that follows through ‘‘421(c))’’;
(C) 
in 
subsection 
(b), 
by 
inserting 
‘‘(1)’’ 
after
‘‘AMOUNT.—’’; and
(D) in subsection (i)(3), by adding at the end a subpara-
graph (D) identical to the subparagraph (D) set forth in
the amendment made by section 811(e) of Public Law 103–
160 (107 Stat. 1702).
(9) Section 2324 is amended—
(A) in subsection (e)(2)(C)—
(i) by striking out ‘‘awarding the contract’’ at the
end of the first sentence; and
(ii) by striking out ‘‘title III’’ and all that follows
through ‘‘Act)’’ and inserting in lieu thereof ‘‘the Buy
American Act (41 U.S.C. 10b–1)’’; and
(B) in subsection (h)(2), by inserting ‘‘the head of the
agency or’’ after ‘‘in the case of any contract if’’.
(10) Section 2350b is amended—
(A) in subsection (c)(1)—
(i) by striking out ‘‘specifically—’’ and inserting
in lieu thereof ‘‘specifically prescribes—’’; and
(ii) by striking out ‘‘prescribe’’ in each of subpara-
graphs (A), (B), (C), and (D); and
(B) in subsection (d)(1), by striking out ‘‘subcontract
to be’’ and inserting in lieu thereof ‘‘subcontract be’’.
(11) Section 2372(i)(1) is amended by striking out ‘‘section
2324(m)’’ and inserting in lieu thereof ‘‘section 2324(l)’’.
(12) Section 2384(b) is amended—
(A) in paragraph (2)—
(i) by striking ‘‘items, as’’ and inserting in lieu
thereof ‘‘items (as’’; and
(ii) by inserting a closing parenthesis after
‘‘403(12))’’; and
(B) in paragraph (3), by inserting a closing parenthesis
after ‘‘403(11))’’.
(13) Section 2400(a)(5) is amended by striking out ‘‘the
preceding sentence’’ and inserting in lieu thereof ‘‘this para-
graph’’.
(14) Section 2405 is amended—
(A) in paragraphs (1) and (2) of subsection (a), by
striking out ‘‘the date of the enactment of the Federal
Acquisition Streamlining Act of 1994’’ and inserting in
lieu thereof ‘‘October 13, 1994’’; and
(B) in subsection (c)(3)—
(i) by striking out ‘‘the later of—’’ and all that
follows through ‘‘(B)’’; and
(ii) by redesignating clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively, and
realigning those subparagraphs accordingly.
H. R. 1530—497
(15) Section 2410d(b) is amended by striking out paragraph
(3).
(16) Section 2410g(d)(1) is amended by inserting before
the period at the end the following: ‘‘(as defined in section
4(12) of the Office of Federal Procurement Policy Act (41 U.S.C.
403(12)))’’.
(17) Section 2424(c) is amended—
(A) by inserting ‘‘EXCEPTION.—’’ after ‘‘(c)’’; and
(B) by striking out ‘‘drink’’ the first and third places
it appears in the second sentence and inserting in lieu
thereof ‘‘beverage’’.
(18) Section 2431 is amended—
(A) in subsection (b)—
(i) by striking out ‘‘Any report’’ in the first sentence
and inserting in lieu thereof ‘‘Any documents’’; and
(ii) by striking out ‘‘the report’’ in paragraph (3)
and inserting in lieu thereof ‘‘the documents’’; and
(B) in subsection (c), by striking ‘‘reporting’’ and insert-
ing in lieu thereof ‘‘documentation’’.
(19) Section 2461(e)(1) is amended by striking out ‘‘the
Act of June 25, 1938 (41 U.S.C. 47), popularly referred to
as the Wagner-O’Day Act’’ and inserting in lieu thereof ‘‘the
Javits-Wagner-O’Day Act (41 U.S.C. 47)’’.
(20) Section 2533(a) is amended by striking out ‘‘title III
of the Act’’ and all that follows through ‘‘such Act’’ and inserting
in lieu thereof ‘‘the Buy American Act (41 U.S.C. 10a)) whether
application of such Act’’.
(21) Section 2662(b) is amended by striking out ‘‘small
purchase threshold’’ and inserting in lieu thereof ‘‘simplified
acquisition threshold’’.
(22) Section 2701(i)(1) is amended—
(A) by striking out ‘‘Act of August 24, 1935 (40 U.S.C.
270a–270d), commonly referred to as the ‘Miller Act’,’’ and
inserting in lieu thereof ‘‘Miller Act (40 U.S.C. 270a et
seq.)’’; and
(B) by striking out ‘‘such Act of August 24, 1935’’
and inserting in lieu thereof ‘‘the Miller Act’’.
(c) SMALL BUSINESS ACT.—The Small Business Act (15 U.S.C.
632 et seq.) is amended as follows:
(1) Section 8(d) (15 U.S.C. 637(d)) is amended—
(A) in paragraph (1), by striking out the second comma
after ‘‘small business concerns’’ the first place it appears;
and
(B) in paragraph (6)(C), by striking out ‘‘and small
business concerns owned and controlled by the socially
and economically disadvantaged individuals’’ and inserting
in lieu thereof ‘‘, small business concerns owned and con-
trolled by socially and economically disadvantaged individ-
uals, and small business concerns owned and controlled
by women’’.
(2) Section 8(f) (15 U.S.C. 637(f)) is amended by inserting
‘‘and’’ after the semicolon at the end of paragraph (5).
(3) Section 15(g)(2) (15 U.S.C. 644(g)(2)) is amended by
striking out the second comma after the first appearance of
‘‘small business concerns’’.
(d) TITLE 31, UNITED STATES CODE.—Title 31, United States
Code, is amended as follows:
H. R. 1530—498
(1) Section 3551 is amended—
(A) by striking out ‘‘subchapter—’’ and inserting in
lieu thereof ‘‘subchapter:’’; and
(B) in paragraph (2), by striking out ‘‘or proposed con-
tract’’ and inserting in lieu thereof ‘‘or a solicitation or
other request for offers’’.
(2) Section 3553(b)(3) is amended by striking out
‘‘3554(a)(3)’’ and inserting in lieu thereof ‘‘3554(a)(4)’’.
(3) Section 3554(b)(2) is amended by striking out ‘‘section
3553(d)(2)(A)(i)’’ 
and 
inserting 
in 
lieu 
thereof 
‘‘section
3553(d)(3)(C)(i)(I)’’.
(e) FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF
1949.—The Federal Property and Administrative Services Act of
1949 is amended as follows:
(1) The table of contents in section 1 (40 U.S.C. 471 prec.)
is amended—
(A) by striking out the item relating to section 104;
(B) by striking out the item relating to section 201
and inserting in lieu thereof the following:
‘‘Sec. 201. Procurements, warehousing, and related activities.’’;
(C) by inserting after the item relating to section 315
the following new item:
‘‘Sec. 316. Merit-based award of grants for research and development.’’;
(D) by striking out the item relating to section 603
and inserting in lieu thereof the following:
‘‘Sec. 603. Authorizations for appropriations and transfer authority.’’;
and
(E) by inserting after the item relating to section 605
the following new item:
‘‘Sec. 606. Sex discrimination.’’.
(2) Section 303(f)(2)(D) (41 U.S.C. 253(f)(2)(D)) is amended
by striking out ‘‘the Act of June 25, 1938 (41 U.S.C. 46 et
seq.), popularly referred to as the Wagner-O’Day Act,’’ and
inserting in lieu thereof ‘‘the Javits-Wagner-O’Day Act (41
U.S.C. 46 et seq.),’’.
(3) The heading for paragraph (1) of section 304A(c) (41
U.S.C. 254b(c)) is amended by changing each letter that is
capitalized (other than the first letter of the first word) to
lower case.
(4) Subsection (d)(2)(A)(ii) of section 304A (41 U.S.C. 254b)
is amended by inserting ‘‘to’’ after ‘‘The information referred’’.
(5) Section 304C(a)(2) is amended by striking out ‘‘section
304B’’ and inserting in lieu thereof ‘‘section 304A’’.
(6) Section 307(b) is amended by striking out ‘‘section
305(c)’’ and inserting in lieu thereof ‘‘section 305(d)’’.
(7) The heading for section 314A (41 U.S.C. 264a) is
amended to read as follows:
‘‘SEC. 314A. DEFINITIONS RELATING TO PROCUREMENT OF COMMER-
CIAL ITEMS.’’.
(8) Section 315(b) (41 U.S.C. 265(b)) is amended by striking
out ‘‘inspector general’’ both places it appears and inserting
in lieu thereof ‘‘Inspector General’’.
(9) The heading for section 316 (41 U.S.C. 266) is amended
by inserting at the end a period.
(f) WALSH-HEALEY ACT.—
H. R. 1530—500
(3) Section 117 of the National Defense Authorization Act,
Fiscal Year 1989 (Public Law 100–456; 10 U.S.C. 2431 note)
is amended by striking out subsection (c).
(4) The National Defense Authorization Act for Fiscal Years
1988 and 1989 (Public Law 100–180) is amended by striking
out section 825 (10 U.S.C. 2432 note).
(5) Section 11 of Public Law 101–552 (5 U.S.C. 581 note)
is amended by inserting ‘‘under’’ before ‘‘the amendments made
by this Act’’.
(6) The last sentence of section 6 of the Federal Power
Act (16 U.S.C. 799) is repealed.
(7) Section 101(a)(11)(A) of the Rehabilitation Act of 1973
(29 U.S.C. 721(a)(11)(A)) is amended by striking out ‘‘the Act
entitled ‘An Act to create a Committee on Purchases of Blind-
made Products, and for other purposes’, approved June 25,
1938 (commonly known as the Wagner-O’Day Act; 41 U.S.C.
46 et seq.)’’ and inserting in lieu thereof ‘‘the Javits-Wagner-
O’Day Act (41 U.S.C. 46 et seq.)’’.
(8) The first section 5 of the Miller Act (40 U.S.C. 270a
note) is redesignated as section 7 and, as so redesignated,
is transferred to the end of that Act.
(9) Section 3737(g) of the Revised Statutes of the United
States (41 U.S.C. 15(g)) is amended by striking out ‘‘rights
of obligations’’ and inserting in lieu thereof ‘‘rights or obliga-
tions’’.
(10) The Act of June 15, 1940 (41 U.S.C. 20a; Chapter
367; 54 Stat. 398), is repealed.
(11) The Act of November 28, 1943 (41 U.S.C. 20b; Chapter
328; 57 Stat. 592), is repealed.
(12) Section 3741 of the Revised Statutes of the United
States (41 U.S.C. 22), as amended by section 6004 of Public
Law 103–355 (108 Stat. 3364), is amended by striking out
‘‘No member’’ and inserting in lieu thereof ‘‘SEC. 3741. No
Member’’.
(13) Section 5152(a)(1) of the Drug-Free Workplace Act
of 1988 (41 U.S.C. 701(a)(1)) is amended by striking out ‘‘as
defined in section 4 of the Office of Federal Procurement Policy
Act (41 U.S.C. 403)’’ and inserting in lieu thereof ‘‘(as defined
in section 4(12) of such Act (41 U.S.C. 403(12)))’’.
SEC. 4322. MISCELLANEOUS AMENDMENTS TO FEDERAL ACQUISITION
LAWS.
(a) OFFICE OF FEDERAL PROCUREMENT POLICY ACT.—The Office
of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is amend-
ed as follows:
(1) Section 6(b) (41 U.S.C. 405(b)) is amended by striking
out the second comma after ‘‘under subsection (a)’’ in the first
sentence.
(2) Section 25(b)(2) (41 U.S.C. 421(b)(2)) is amended by
striking out ‘‘Under Secretary of Defense for Acquisition’’ and
inserting in lieu thereof ‘‘Under Secretary of Defense for
Acquisition and Technology’’.
(b) OTHER LAWS.—
(1) Section 11(2) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended by striking out the second comma
after ‘‘Community Service’’.
H. R. 1530—501
(2) Section 908(e) of the Defense Acquisition Improvement
Act of 1986 (10 U.S.C. 2326 note) is amended by striking
out ‘‘section 2325(g)’’ and inserting in lieu thereof ‘‘section
2326(g)’’.
(3) Effective as of August 9, 1989, and as if included therein
as enacted, Public Law 101–73 is amended in section
501(b)(1)(A) (103 Stat. 393) by striking out ‘‘be,’’ and inserting
in lieu thereof ‘‘be;’’ in the second quoted matter therein.
(4) Section 3732(a) of the Revised Statutes of the United
States (41 U.S.C. 11(a)) is amended by striking out the second
comma after ‘‘quarters’’.
(5) Section 2 of the Contract Disputes Act of 1978 (41
U.S.C. 601) is amended in paragraphs (3), (5), (6), and (7),
by striking out ‘‘The’’ and inserting in lieu thereof ‘‘the’’.
(6) Section 6 of the Contract Disputes Act of 1978 (41
U.S.C. 605) is amended in subsections (d) and (e) by inserting
after ‘‘United States Code’’ each place it appears the following:
‘‘(as in effect on September 30, 1995)’’.
(7) Section 13 of the Contract Disputes Act of 1978 (41
U.S.C. 612) is amended—
(A) in subsection (a), by striking out ‘‘section 1302
of the Act of July 27, 1956, (70 Stat. 694, as amended;
31 U.S.C. 724a)’’ and inserting in lieu thereof ‘‘section
1304 of title 31, United States Code’’; and
(B) in subsection (c), by striking out ‘‘section 1302
of the Act of July 27, 1956, (70 Stat. 694, as amended;
31 U.S.C. 724a)’’ and inserting in lieu thereof ‘‘section
1304 of title 31, United States Code,’’.
TITLE XLIV—EFFECTIVE DATES AND
IMPLEMENTATION
SEC. 4401. EFFECTIVE DATE AND APPLICABILITY.
(a) EFFECTIVE DATE.—Except as otherwise provided in this
division, this division and the amendments made by this division
shall take effect on the date of the enactment of this Act.
(b) APPLICABILITY OF AMENDMENTS.—
(1) SOLICITATIONS, UNSOLICITED PROPOSALS, AND RELATED
CONTRACTS.—An amendment made by this division shall apply,
in the manner prescribed in the final regulations promulgated
pursuant to section 4402 to implement such amendment, with
respect to any solicitation that is issued, any unsolicited pro-
posal that is received, and any contract entered into pursuant
to such a solicitation or proposal, on or after the date described
in paragraph (3).
(2) OTHER MATTERS.—An amendment made by this division
shall also apply, to the extent and in the manner prescribed
in the final regulations promulgated pursuant to section 4402
to implement such amendment, with respect to any matter
related to—
(A) a contract that is in effect on the date described
in paragraph (3);
(B) an offer under consideration on the date described
in paragraph (3); or
(C) any other proceeding or action that is ongoing
on the date described in paragraph (3).
H. R. 1530—502
(3) DEMARCATION
DATE.—The date referred to in para-
graphs (1) and (2) is the date specified in such final regulations.
The date so specified shall be January 1, 1997, or any earlier
date that is not within 30 days after the date on which such
final regulations are published.
SEC. 4402. IMPLEMENTING REGULATIONS.
(a) PROPOSED REVISIONS.—Proposed revisions to the Federal
Acquisition Regulation and such other proposed regulations (or
revisions to existing regulations) as may be necessary to implement
this Act shall be published in the Federal Register not later than
210 days after the date of the enactment of this Act.
(b) PUBLIC COMMENT.—The proposed regulations described in
subsection (a) shall be made available for public comment for a
period of not less than 60 days.
(c) FINAL REGULATIONS.—Final regulations shall be published
in the Federal Register not later than 330 days after the date
of enactment of this Act.
(d) MODIFICATIONS.—Final regulations promulgated pursuant
to this section to implement an amendment made by this Act
may provide for modification of an existing contract without consid-
eration upon the request of the contractor.
(e) SAVINGS PROVISIONS.—
(1) VALIDITY OF PRIOR ACTIONS.—Nothing in this division
shall be construed to affect the validity of any action taken
or any contract entered into before the date specified in the
regulations pursuant to section 4401(b)(3) except to the extent
and in the manner prescribed in such regulations.
(2) RENEGOTIATION
AND
MODIFICATION
OF
PREEXISTING
CONTRACTS.—Except as specifically provided in this division,
nothing in this division shall be construed to require the renego-
tiation or modification of contracts in existence on the date
of the enactment of this Act.
(3) CONTINUED APPLICABILITY OF PREEXISTING LAW.—Except
as otherwise provided in this division, a law amended by this
division shall continue to be applied according to the provisions
thereof as such law was in effect on the day before the date
of the enactment of this Act until—
(A) the date specified in final regulations implementing
the amendment of that law (as promulgated pursuant to
this section); or
(B) if no such date is specified in regulations, January
1, 1997.
DIVISION E—INFORMATION
TECHNOLOGY MANAGEMENT REFORM
SEC. 5001. SHORT TITLE.
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.
H. R. 1530—503
(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, inter-
change, 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 contrac-
tor 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 proce-
dures, 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)).
TITLE LI—RESPONSIBILITY FOR ACQUI-
SITIONS 
OF 
INFORMATION 
TECH-
NOLOGY
Subtitle A—General Authority
SEC. 5101. REPEAL OF CENTRAL AUTHORITY OF THE ADMINISTRATOR
OF GENERAL SERVICES.
Section 111 of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 759) is repealed.
H. R. 1530—504
Subtitle B—Director of the Office of
Management and Budget
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
PRO-
GRAMS.—The Director shall promote and be responsible for improv-
ing the acquisition, use, and disposal of information technology
by the Federal Government to improve the productivity, efficiency,
and effectiveness of Federal programs, including through dissemina-
tion 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 Presi-
dent 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 Tech-
nology 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 INFORMA-
TION TECHNOLOGY.—The Director shall assess, on a continuing
basis, the experiences of executive agencies, State and local govern-
ments, international organizations, and the private sector in manag-
ing information technology.
(h) COMPARISON
OF AGENCY USES
OF INFORMATION TECH-
NOLOGY.—The Director shall compare the performances of the
H. R. 1530—505
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 accomplish-
ment 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 Regu-
latory Affairs of policy associated with Federal acquisition of
information technology with the Office of Federal Procurement Pol-
icy.
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 Direc-
tor 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 plan-
ning processes for selecting, managing, and evaluating the
results of all of its major investments in information sys-
tems;
(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 organiza-
tion; 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 mis-
sions; and
(D) to ensure that the information security policies,
procedures, and practices are adequate.
H. R. 1530—506
(3) GUIDANCE FOR MULTIAGENCY INVESTMENTS.—The direc-
tion issued under paragraph (2) shall include guidance for
undertaking efficiently and effectively interagency and Govern-
ment-wide investments in information technology to improve
the accomplishment of missions that are common to the execu-
tive agencies.
(4) PERIODIC
REVIEWS.—The Director shall implement
through the budget process periodic reviews of selected informa-
tion resources management activities of the executive agencies
in order to ascertain the efficiency and effectiveness of informa-
tion 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 author-
ized action that the Director considers appropriate,
including an action involving the budgetary process or
appropriations management process, to enforce accountabil-
ity 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 submit-
ted to Congress under section 1105(a) of title 31, United
States Code;
(ii) reducing or otherwise adjusting apportion-
ments 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 execu-
tive agent to contract with private sector sources for
the performance of information resources management
or the acquisition of information technology.
Subtitle C—Executive Agencies
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—
H. R. 1530—507
(1) provide for the selection of information technology
investments to be made by the executive agency, the manage-
ment 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 execu-
tive 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 quan-
tifiable 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, includ-
ing 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 effective-
ness 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 pro-
grams 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, proce-
dures, and practices of the executive agency are adequate.
H. R. 1530—508
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 guid-
ance 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 procure-
ment 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 Informa-
tion Officers’’;
(ii) by striking out ‘‘official’’ in the second sentence
and inserting in lieu thereof ‘‘Chief Information Offi-
cer’’; and
(iii) by striking out ‘‘officials’’ in the second sen-
tence 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 tech-
nology architecture for the executive agency; and