A bill to facilitate, encourage, and provide for efficient and effective acquisition and use of modern information technology by executive agencies; to establish the position of Chief Information Officer of the United States in the Office of Management and Budget; to increase the responsibility and public accountability of the heads of the departments and agencies of the Federal Government for achieving substantial improvements in the delivery of services to the public and in other program activities through the use of modern information technology in support of agency missions; and for other purposes.
TABLE OF CONTENTS:
Title I: Responsibility for Acquisitions of Information
Technology
Subtitle A: General Authority
Subtitle B: Director of the Office of Management and
Budget
Subtitle C: Chief Information Officer of the United
States
Subtitle D: Executive Agencies
Subtitle E: Federal Information Council
Subtitle F: Interagency Functional Groups
Subtitle G: Congressional Oversight
Subtitle H: Other Responsibilities
Title II: Process for Acquisitions of Information Technology
Subtitle A: Procedures
Subtitle B: Acquisition Management
Title III: Special Fiscal Support for Information Innovation
Subtitle A: Information Technology Fund
Subtitle B: Innovation Loan Account
Subtitle C: Common Use Account
Subtitle D: Other Fiscal Policies
Title IV: Information Technology Acquisition Pilot Programs
Subtitle A: Conduct of Pilot Programs
Subtitle B: Specific Pilot Programs
Title V: Other Information Resources Management Reforms
Title VI: Actions Regarding Current Information Technology
Programs
Title VII: Procurement Protest Authority of the Comptroller
General
Title VIII: Related Terminations, Conforming Amendments, and
Clerical Amendments
Subtitle A: Related Terminations
Subtitle B: Conforming Amendments
Subtitle C: Clerical Amendments
Title IX: Savings Provisions
Title X: Effective Dates
Information Technology Management Reform Act of 1995 - Title I: Responsibility For Acquisitions of Information Technology - Subtitle A: General Authority - Grants Federal agency heads direct authority to conduct acquisitions of information technology, subject to this Act and the authority, direction, and control of the Director of the Office of Management and Budget (OMB) and the Chief Information Officer (CIO) (a position created by this Act).
Repeals the Brooks Automatic Data Processing Act.
Subtitle B: Director of the Office of Management and Budget - Details specific responsibilities of the OMB Director over such activities with the goal of maximizing information resource productivity, efficiency, and effectiveness in serving agency missions.
(Sec. 122) Includes among such responsibilities: (1) performing certain evaluations of Federal agency information resources management practices and the performance and results of agency information technology investments; (2) conducting certain reviews and surveys; and (3) and promulgating Federal information system standards and guidelines. Allows the Director to perform certain enforcement and other actions, such as contracting out of information resources management functions, to carry out this Act.
Subtitle C: Chief Information Officer of the United States - Establishes in OMB an Office of the Chief Information Officer of the United States, headed by the Chief Information Officer (CIO) appointed by the President to advise the Director on information policy and perform certain duties, such as establishing an electronic data base on contractor performance.
Subtitle D: Executive Agencies - Outlines specific responsibilities applicable to executive agency heads relating to: (1) information resources management plans for improving program productivity, efficiency, and effectiveness; (2) mission analysis for determining the most efficient and effective manner for carrying out the agency missions before making information technology investments; (3) program termination for cost overruns and performance failures; and (4) certain monitoring and reporting of program costs, performance, and modifications, while holding such officials accountable for failing to attain investment objectives.
(Sec. 142) Authorizes such officials to acquire certain information technology and enter into certain contracts only with advance approval, as well as perform other specified acts, such as designating a chief information officer for the agency, in order to ensure that information technology is acquired and resources managed in a manner consistent with the goals of this Act.
(Sec. 149) Sets forth special provisions for the Department of Defense and Central Intelligence Agency, with the heads of such agencies charged with the responsibilities of the Director for supervising implementation of the requirements of this Act, while designating their own chief information officers. Keeps overall responsibility for agency compliance with this Act with the Director.
Subtitle E: Federal Information Council - Establishes the Federal Information Council (FIC), among other duties, to: (1) obtain from Federal, State, local, and private sources advice on information resources, information resources management, and information technology; (2) assist the CIO in developing and maintaining the Governmentwide strategic information resources management plan; and (3) coordinate Governmentwide and multiagency programs as well as the provision, planning, and acquisition of common infrastructure services.
(Sec. 155) Directs the FIC to establish a Federal Software Review Council as a clearinghouse on software information for the Federal Government.
Subtitle F: Interagency Functional Groups - Permits joint agency establishment of interagency groups to examine issues benefiting from a Governmentwide or multi-agency perspective, promote agency cooperation, and submit proposed solutions to common problems to FIC.
Subtitle G: Congressional Oversight - Establishes the Joint Committee on Information with jurisdiction over matters previously under the Joint Committee on Printing and the Joint Committee on the Library (which are terminated). Grants the Joint Committee the responsibilities of: (1) reviewing information-related operations of the Federal Government, including the acquisition and management of information technology and other information resources; (2) performing certain studies and carrying out certain responsibilities, including those regarding the Library of Congress as provided by the Senate and the House of Representatives; and (3) recommending appropriate legislation.
Subtitle H: Other Responsibilities - Amends the National Institute of Standards and Technology Act and the Computer Security Act of 1987 to make appropriate changes conforming to the changes made by this Act.
Title II: Process For Acquisitions of Information Technology - Subtitle A: Procedures - Directs the Director to prescribe regulations, including appropriate performance and risk-benefit assessment requirements, for certain differentiated procedures for specified categories of information technology acquisitions. Requires a process that is simple, clear, and understandable for ensuring full and open competition using commercial items to meet agency technology needs.
(Sec. 202) Requires executive agency heads to: (1) design and apply a specified process for maximizing the value and assessing benefits, managing risks, and providing for periodic review by senior managers with regard to information technology acquisitions; (2) consider OMB information on past offeror performance in awarding contracts for such acquisitions; and (3) submit to the Congress certain information on objectives and plans for conducting any agency information technology acquisition program in excess of $100 million and the funding requirements for each increment of that program.
(Sec. 203) Requires the Congress, in authorizing appropriations for an information technology acquisition program increment, to provide a single authorization amount sufficient for carrying out the increment.
(Sec. 204) Provides authority under respective civilian and armed services acquisition law for: (1) limiting the number of offerors from which contracting officers may solicit best and final offers; (2) making certain exceptions to cost or pricing data submission requirements for information technology commercial items; and (3) multiple awards using task or delivery order contracts and contracting for the acquisition of information technology using two-phase selection procedures under specified conditions.
(Sec. 205) Requires unrestricted competitive procurement of commercial off-the-shelf items of information technology by or for an executive agency.
(Sec. 209) Directs the Director to prescribe in regulations the language for appropriate types of contracts for rewarding or penalizing the contractor on the basis of contract performance.
Subtitle B: Acquisition Management - Sets forth requirements applicable to the personnel for carrying out acquisitions, including requirements pertaining to training.
(Sec. 222) Expresses the sense of the Congress that the appropriate officials, in performing their oversight responsibilities under this Act and relevant current law with regard to information technology acquisition programs, should emphasize reviews of operational justifications, program results, and technology performance measures rather than reviews of the acquisition process.
Title III: Special Fiscal Support For Information Innovation - Subtitle A: Information Technology Fund - Establishes in the Treasury the Information Technology Fund with the Innovation Loan Account (ILA) and the Common Use Account (CUA).
Subtitle B: Innovation Loan Account - Sets forth rules governing ILA availability for loans in support of information innovation. Authorizes appropriations.
Subtitle C: Common Use Account - Sets forth rules governing CUA availability for support of multi-agency acquisitions of information technology. Authorizes appropriations.
Subtitle D: Other Fiscal Policies - Prohibits expenditure of executive agency funds available for information technology for a proposed information technology acquisition until the agency head has: (1) certified it to be in support of the agency's mission-related and administrative processes; and (2) established performance measurements for determining improvements in agency performance.
(Sec. 342) Expresses the sense of the Congress that executive agencies should achieve a certain decrease per year in costs for operating and maintaining information technology, and a certain increase per year in the efficiency of agency operations resulting from improvements in information resources management.
(Sec. 343) Provides for General Accounting Office (GAO) and Inspector General reviews of agency acquisition plans.
Title IV: Information Technology Acquisition Pilot Programs - Subtitle A: Conduct of Pilot Programs - Requires the CIO to conduct specified pilot programs in order to test alternative approaches for executive agency acquisition of information technology and other resources.
Subtitle B: Specific Pilot Programs - Details such pilot programs, including one for testing the feasibility of solutions-based contracting and another for contracting for performance of acquisition functions. Includes special provisions for a civilian and military agency program for testing flexible acquisition procedures in major acquisitions programs.
Title V: Other Information Resources Management Reforms - Amends the Office of Federal Procurement Policy Act to transfer the responsibility for the Federal Acquisition System Network (FACNET) to the Chief Information Officer.
(Sec. 502) Requires such official to: (1) establish competing programs for development of system designs as part of FACNET for on-line purchasing of commercial items of information technology; and (2) report to the Congress on program results, along with the official's decision on an electronic marketplace for information technology.
(Sec. 503) Provides for: (1) upgrades in computer equipment in agency field offices; (2) agency inventories of computer equipment and disposal of excess equipment; (3) GAO analysis of leasing information technology with appropriate guidelines for executive agencies on leasing; (4) continuation of contractor eligibility for information technology contract awards after providing design and engineering services; and (5) changes under the Federal Acquisition Streamlining Act of 1994 concerning performance incentives for information technology acquisition workforce of civilian and armed services agencies.
Title VI: Actions Regarding Current Information Technology Programs - Requires agency chief information officers to: (1) ensure that certain performance measurements are prescribed for current significant information technology acquisition programs of the agency; and (2) provide for certain independent assessments of each current information technology acquisition program that exceeds $100 million.
Title VII: Procurement Protest Authority of the Comptroller General - Revises the procurement protest process under current law.
Title VIII: Related Terminations, Conforming Amendments, And Clerical Amendments - Subtitle A: Related Terminations - Makes several specified terminations related to the changes made under this Act.
Subtitle B: Conforming Amendments - Makes various specified conforming amendments related to such changes.
Subtitle C: Clerical Amendments - Makes various specified clerical amendments related to such changes.
Title IX: Savings Provisions - Sets forth applicable savings provisions for certain acquisition-related regulations, instruments, rights and privileges, proceedings, and applications in effect or pending before this Act is effective.
Title X: Effective Date - Specifies the effective date of this Act.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S8685-8687)
Read twice and referred to the Committee on Governmental Affairs.
Committee on Governmental Affairs; Senate Subcommittee on Oversight of Government Management. Hearings held. Hearings printed: S.Hrg. 104-363.
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