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DIVISION E--INFORMATION TECHNOLOGY MANAGEMENT REFORM

Sections 5601 - 5703

Sections 5001 - 5142
Sections 5201 - 5502

TITLE LVI--CONFORMING AND CLERICAL AMENDMENTS

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--

National Defense Authorization Act for Fiscal Year 1996 (Enrolled Bill (Sent to President))

(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 1996, 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 1996';

(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 `Information Technology';

(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 1996.'.

SEC. 5605. PROVISIONS OF TITLE 44, UNITED STATES CODE, RELATING TO PAPERWORK REDUCTION.

(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 1996 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 1996'.

(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 1996 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 1996';

(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 1996'; 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 1996,'; 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.'.

TITLE LVII--EFFECTIVE DATE, SAVINGS PROVISIONS, AND RULES OF CONSTRUCTION

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 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.