[Congressional Record Volume 141, Number 129 (Friday, August 4, 1995)]
[Senate]
[Pages S11455-S11469]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

                                 ______


 THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996 THURMOND 
                    (AND OTHERS) AMENDMENT NO. 2111

  Mr. THURMOND (for himself, Mr. Domenici, Mr. Lott, Mrs. Hutchison, 
Mr. Bond, Mr. Thompson, Mr. Frist, and Mr. Bingaman) proposed an 
amendment to the bill (S. 1026) to authorize appropriations for fiscal 
year 1996 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe personnel strengths for such fiscal year for the 
Armed Forces, and for other purposes; as follows:

                           amendment no. 2111

       On page 515, strike out line 7 and all that follows through 
     page 570, line 10, and insert in lieu thereof the following:
      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
         Subtitle A--National Security Programs Authorizations

     SEC. 3101. WEAPONS ACTIVITIES.

       (a) Stockpile Stewardship.--Subject to subsection (d), 
     funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 1996 for stockpile 
     stewardship in carrying out weapons activities necessary for 
     national security programs in the amount of $1,624,080,000, 
     to be allocated as follows:
       (1) For core stockpile stewardship, $1,386,613,000, to be 
     allocated as follows:
       (A) For operation and maintenance, $1,305,308,000.
       (B) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $81,305,000, to be allocated as follows: Project 96-D-102, 
     stockpile stewardship facilities revitalization, Phase VI, 
     various locations, $2,520,000.
       Project 96-D-103, Atlas, Los Alamos National Laboratory, 
     Los Alamos, New Mexico, $8,400,000.
       Project 96-D-104, processing and environmental technology 
     laboratory (PETL), Sandia National Laboratories, Albuquerque, 
     New Mexico, $1,800,000.
       Project 96-D-105, contained firing facility addition, 
     Lawrence Livermore National Laboratory, Livermore, 
     California, $6,600,000.
       Project 95-D-102, Chemical and Metallurgy Research Building 
     upgrades, Los Alamos National Laboratory, New Mexico, 
     $9,940,000.
       Project 94-D-102, nuclear weapons research, development, 
     and testing facilities revitalization, Phase V, various 
     locations, $12,200,000.
       Project 93-D-102, Nevada support facility, North Las Vegas, 
     Nevada, $15,650,000.
       Project 90-D-102, nuclear weapons research, development, 
     and testing facilities revitalization, Phase III, various 
     locations, $6,200,000.
       Project 88-D-106, nuclear weapons research, development, 
     and testing facilities revitalization, Phase II, various 
     locations, $17,995,000.
       (2) For inertial fusion, $230,667,000, to be allocated as 
     follows:
       (A) For operation and maintenance, $193,267,000.
       (B) For the following plant project (including maintenance, 
     restoration, planning, construction, acquisition, 
     modification of facilities, and land acquisition related 
     thereto), $37,400,000:
       Project 96-D-111, national ignition facility, location to 
     be determined.
       (3) For Marshall Islands activities and Nevada Test Site 
     dose reconstruction, $6,800,000.
       (b) Stockpile Management.--Subject to subsection (d), funds 
     are hereby authorized to be appropriated to the Department of 
     Energy for fiscal year 1996 for stockpile management in 
     carrying out weapons activities necessary for national 
     security programs in the amount of $2,035,483,000, to be 
     allocated as follows:
       (1) For operation and maintenance, $1,911,858,000.
       (2) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $123,625,000, to be allocated as follows:
       Project GPD-121, general plant projects, various locations, 
     $10,000,000.

[[Page S 11456]]

       Project 96-D-122, sewage treatment quality upgrade (STQU), 
     Pantex Plant, Amarillo, Texas, $600,000.
       Project 96-D-123, retrofit heating, ventilation, and air 
     conditioning and chillers for ozone protection, Y-12 Plant, 
     Oak Ridge, Tennessee, $3,100,000.
       Project 96-D-125, Washington measurements operations 
     facility, Andrews Air Force Base, Camp Springs, Maryland, 
     $900,000.
       Project 96-D-126, tritium loading line modifications, 
     Savannah River Site, South Carolina, $12,200,000.
       Project 95-D-122, sanitary sewer upgrade, Y-12 Plant, Oak 
     Ridge, Tennessee, $6,300,000.
       Project 94-D-124, hydrogen fluoride supply system, Y-12 
     Plant, Oak Ridge, Tennessee, $8,700,000.
       Project 94-D-125, upgrade life safety, Kansas City Plant, 
     Kansas City, Missouri, $5,500,000.
       Project 94-D-127, emergency notification system, Pantex 
     Plant, Amarillo, Texas, $2,000,000.
       Project 94-D-128, environmental safety and health 
     analytical laboratory, Pantex Plant, Amarillo, Texas, 
     $4,000,000.
       Project 93-D-122, life safety upgrades, Y-12 Plant, Oak 
     Ridge, Tennessee, $7,200,000.
       Project 93-D-123, complex-21, various locations, 
     $41,065,000.
       Project 88-D-122, facilities capability assurance program, 
     various locations, $8,660,000.
       Project 88-D-123, security enhancements, Pantex Plant, 
     Amarillo, Texas, $13,400,000.
       (c) Program Direction.--Subject to subsection (d), funds 
     are hereby authorized to be appropriated to the Department of 
     Energy for fiscal year 1996 for program direction in carrying 
     out weapons activities necessary for national security 
     programs in the amount of $118,000,000.
       (d) Adjustments.--The total amount authorized to be 
     appropriated pursuant to this section is the sum of the 
     amounts authorized to be appropriated in subsections (a) 
     through (c) reduced by the sum of--
       (1) $25,000,000, for savings resulting from procurement 
     reform; and
       (2) $86,344,000, for use of prior year balances.
     SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.

       (a) Corrective Activities.--Subject to subsection (i), 
     funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 1996 for corrective 
     activities in carrying out environmental restoration and 
     waste management activities necessary for national security 
     programs in the amount of $3,406,000, all of which shall be 
     available for the following plant project (including 
     maintenance, restoration, planning, construction, 
     acquisition, modification of facilities, and land acquisition 
     related thereto):
       Project 90-D-103, environment, safety and health 
     improvements, weapons research and development complex, Los 
     Alamos National Laboratory, Los Alamos, New Mexico.
       (b) Environmental Restoration.--Subject to subsection (i), 
     funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 1996 for environmental 
     restoration for operating expenses in carrying out 
     environmental restoration and waste management activities 
     necessary for national security programs in the amount of 
     $1,550,926,000.
       (c) Waste Management.--Subject to subsection (i), funds are 
     hereby authorized to be appropriated to the Department of 
     Energy for fiscal year 1996 for waste management in carrying 
     out environmental restoration and waste management activities 
     necessary for national security programs in the amount of 
     $2,341,641,000, to be allocated as follows:
       (1) For operation and maintenance, $2,121,256,000.
       (2) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $220,330,000, to be allocated as follows:
       Project GPD-171, general plant projects, various locations, 
     $15,728,000.
       Project 96-D-400, replace industrial waste piping, Kansas 
     City Plant, Kansas City, Missouri, $200,000.
       Project 96-D-401, comprehensive treatment and management 
     plan immobilization of miscellaneous wastes, Rocky Flats 
     Environmental Technology Site, Golden, Colorado, $1,400,000.
       Project 96-D-402, comprehensive treatment and management 
     plan building 374/774 sludge immobilization, Rocky Flats 
     Environmental Technology Site, Golden, Colorado, $1,500,000.
       Project 96-D-403, tank farm service upgrades, Savannah 
     River, South Carolina, $3,315,000.
       Project 96-D-405, T-plant secondary containment and leak 
     detection upgrades, Richland, Washington, $2,100,000.
       Project 96-D-406, K-Basin operations program, Richland, 
     Washington, $41,000,000.
       Project 96-D-409, advanced mixed waste treatment facility, 
     Idaho National Engineering Laboratory, Idaho, $5,000,000.
       Project 96-D-410, specific manufacturing characterization 
     facility assessment and upgrade, Idaho National Engineering 
     Laboratory, Idaho, $2,000,000.
       Project 95-D-402, install permanent electrical service, 
     Waste Isolation Pilot Plant, New Mexico, $4,314,000.
       Project 95-D-405, industrial landfill V and construction/
     demolition landfill VII, Y-12 Plant, Oak Ridge, Tennessee, 
     $4,600,000.
       Project 95-D-406, road 5-01 reconstruction, area 5, Nevada 
     Test Site, Nevada, $1,023,000.
       Project 94-D-400, high explosive wastewater treatment 
     system, Los Alamos National Laboratory, Los Alamos, New 
     Mexico, $4,445,000.
       Project 94-D-402, liquid waste treatment system, Nevada 
     Test Site, Nevada, $282,000.
       Project 94-D-404, Melton Valley storage tanks capacity 
     increase, Oak Ridge National Laboratory, Oak Ridge, 
     Tennessee, $11,000,000.
       Project 94-D-407, initial tank retrieval systems, Richland, 
     Washington, $9,400,000.
       Project 94-D-411, solid waste operations complex project, 
     Richland, Washington, $5,500,000.
       Project 94-D-417, intermediate-level and low-activity waste 
     vaults, Savannah River, South Carolina, $2,704,000.
       Project 93-D-178, building 374 liquid waste treatment 
     facility, Rocky Flats Plant, Golden, Colorado, $3,900,000.
       Project 93-D-182, replacement of cross-site transfer 
     system, Richland, Washington, $19,795,000.
       Project 93-D-183, multi-tank waste storage facility, 
     Richland, Washington, $31,000,000.
       Project 93-D-187, high-level waste removal from filled 
     waste tanks, Savannah River, South Carolina, $34,700,000.
       Project 92-D-171, mixed waste receiving and storage 
     facility, Los Alamos National Laboratory, Los Alamos, New 
     Mexico, $1,105,000.
       Project 92-D-188, waste management environmental, safety 
     and health (ES&H) and compliance activities, various 
     locations, $1,100,000.
       Project 90-D-172, aging waste transfer lines, Richland, 
     Washington, $2,000,000.
       Project 90-D-177, RWMC transuranic (TRU) waste 
     characterization and storage facility, Idaho National 
     Engineering Laboratory, Idaho, $1,428,000.
       Project 90-D-178, TSA retrieval containment building, Idaho 
     National Engineering Laboratory, Idaho, $2,606,000.
       Project 89-D-173, tank farm ventilation upgrade, Richland, 
     Washington, $800,000.
       Project 89-D-174, replacement high-level waste evaporator, 
     Savannah River, South Carolina, $11,500,000.
       Project 86-D-103, decontamination and waste treatment 
     facility, Lawrence Livermore National Laboratory, California, 
     $8,885,000.
       Project 83-D-148, nonradioactive hazardous waste 
     management, Savannah River, South Carolina, $1,000,000.
       (d) Technology Development.--Subject to subsection (i), 
     funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 1996 for technology 
     development in carrying out environmental restoration and 
     waste management activities necessary for national security 
     programs in the amount of $550,465,000.
       (e) Transportation Management.--Subject to subsection (i), 
     funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 1996 for transportation 
     management in carrying out environmental restoration and 
     waste management activities necessary for national security 
     programs in the amount of $16,158,000.
       (f) Nuclear Materials and Facilities Stabilization.--
     Subject to subsection (i), funds are hereby authorized to be 
     appropriated to the Department of Energy for fiscal year 1996 
     for nuclear materials and facilities stabilization in 
     carrying out environmental restoration and waste management 
     activities necessary for national security programs in the 
     amount of $1,596,028,000, to be allocated as follows:
       (1) For operation and maintenance, $1,463,384,000.
       (2) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $132,644,000, to be allocated as follows:
       Project GPD-171, general plant projects, various locations, 
     $14,724,000.
       Project 96-D-458, site drainage control, Mound Plant, 
     Miamisburg, Ohio, $885,000.
       Project 96-D-461, electrical distribution upgrade, Idaho 
     National Engineering Laboratory, Idaho, $1,539,000.
       Project 96-D-462, health physics instrument laboratory, 
     Idaho National Engineering Laboratory, Idaho, $1,126,000.
       Project 96-D-463, central facilities craft shop, Idaho 
     National Engineering Laboratory, Idaho, $724,000.
       Project 96-D-464, electrical and utility systems upgrade, 
     Idaho Chemical Processing Plant, Idaho National Engineering 
     Laboratory, Idaho, $4,952,000.
       Project 96-D-465, 200 area sanitary sewer system, Richland, 
     Washington, $1,800,000.
       Project 96-D-470, environmental monitoring laboratory, 
     Savannah River Site, Aiken, South Carolina, $3,500,000.
       Project 96-D-471, chlorofluorocarbon heating, ventilation, 
     and air conditioning and chiller retrofit, Savannah River 
     Site, Aiken, South Carolina, $1,500,000.
       Project 96-D-472, plant engineering and design, Savannah 
     River Site, Aiken, South Carolina, $4,000,000.
       Project 96-D-473, health physics site support facility, 
     Savannah River Site, Aiken, South Carolina, $2,000,000.
       Project 96-D-474, dry fuel storage facility, Idaho National 
     Engineering Laboratory, Idaho, $15,000,000.

[[Page S 11457]]

       Project 96-D-475, high level waste volume reduction 
     demonstration (pentaborane), Idaho National Engineering 
     Laboratory, Idaho, $5,000,000.
       Project 95-D-155, upgrade site road infrastructure, 
     Savannah River, South Carolina, $2,900,000.
       Project 95-D-156, radio trunking system, Savannah River, 
     South Carolina, $10,000,000.
       Project 95-D-454, 324 facility compliance/renovation, 
     Richland, Washington, $3,500,000.
       Project 95-D-456, security facilities upgrade, Idaho 
     Chemical Processing Plant, Idaho National Engineering 
     Laboratory, Idaho, $8,382,000.
       Project 94-D-122, underground storage tanks, Rocky Flats, 
     Golden, Colorado, $5,000,000.
       Project 94-D-401, emergency response facility, Idaho 
     National Engineering Laboratory, Idaho, $5,074,000.
       Project 94-D-412, 300 area process sewer piping system 
     upgrade, Richland, Washington, $1,000,000.
       Project 94-D-415, medical facilities, Idaho National 
     Engineering Laboratory, Idaho, $3,601,000.
       Project 94-D-451, infrastructure replacement, Rocky Flats 
     Plant, Golden, Colorado, $2,940,000.
       Project 93-D-147, domestic water system upgrade, Phase I 
     and II, Savannah River, South Carolina, $7,130,000.
       Project 93-D-172, electrical upgrade, Idaho National 
     Engineering Laboratory, Idaho, $124,000.
       Project 92-D-123, plant fire/security alarms system 
     replacement, Rocky Flats Plant, Golden, Colorado, $9,560,000.
       Project 92-D-125, master safeguards and security agreement/
     materials surveillance task force security upgrades, Rocky 
     Flats Plant, Golden, Colorado, $7,000,000.
       Project 92-D-181, fire and life safety improvements, Idaho 
     National Engineering Laboratory, Idaho, $6,883,000.
       Project 91-D-127, criticality alarm and production 
     annunciation utility replacement, Rocky Flats Plant, Golden, 
     Colorado, $2,800,000.
       (g) Compliance and Program Coordination.--Subject to 
     subsection (i), funds are hereby authorized to be 
     appropriated to the Department of Energy for fiscal year 1996 
     for compliance and program coordination in carrying out 
     environmental restoration and waste management activities 
     necessary for national security programs in the amount of 
     $81,251,000, to be allocated as follows:
       (1) For operation and maintenance, $66,251,000.
       (2) For the following plant project (including maintenance, 
     restoration, planning, construction, acquisition, 
     modification of facilities, and land acquisition related 
     thereto), $15,000,000:
       Project 95-E-600, hazardous materials training center, 
     Richland, Washington.
       (h) Analysis, Education, and Risk Management.--Subject to 
     subsection (i), funds are hereby authorized to be 
     appropriated to the Department of Energy for fiscal year 1996 
     for analysis, education, and risk management in carrying out 
     environmental restoration and waste management activities 
     necessary for national security programs in the amount of 
     $80,022,000.
       (i) Adjustments.--The total amount authorized to be 
     appropriated pursuant to this section is the sum of the 
     amounts specified in subsections (a) through (h) reduced by 
     the sum of--
       (1) $276,942,000, for use of prior year balances; and
       (2) $37,000,000 for recovery of overpayment to the Savannah 
     River Pension Fund.
     SEC. 3103. OTHER DEFENSE ACTIVITIES.

       (a) Other Defense Activities.--Subject to subsection (b), 
     funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 1996 for other defense 
     activities in carrying out programs necessary for national 
     security in the amount of $1,408,162,000, to be allocated as 
     follows:
       (1) For verification and control technology, $430,842,000, 
     to be allocated as follows:
       (A) For nonproliferation and verification research and 
     development, $226,142,000.
       (B) For arms control, $162,364,000.
       (C) For intelligence, $42,336,000.
       (2) For nuclear safeguards and security, $83,395,000.
       (3) For security investigations, $25,000,000.
       (4) For security evaluations, $14,707,000.
       (5) For the Office of Nuclear Safety, $15,050,000.
       (6) For worker and community transition, $100,000,000.
       (7) For fissile materials disposition, $70,000,000.
       (8) For naval reactors development, $682,168,000, to be 
     allocated as follows:
       (A) For operation and infrastructure, $659,168,000.
       (B) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $23,000,000, to be allocated as follows:
       Project 95-D-200, laboratory systems and hot cell upgrades, 
     various locations, $11,300,000.
       Project 95-D-201, advanced test reactor radioactive waste 
     system upgrades, Idaho National Engineering Laboratory, 
     Idaho, $4,800,000.
       Project 93-D-200, engineering services facilities, Knolls 
     Atomic Power Laboratory, Niskayuna, New York, $3,900,000.
       Project 90-N-102, expended core facility dry cell project, 
     Naval Reactors Facility, Idaho, $3,000,000.
       (b) Adjustment.--The total amount that may be appropriated 
     pursuant to this section is the total amount authorized to be 
     appropriated in subsection (a) reduced by $13,000,000, for 
     use of prior year balances.

     SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 1996 for payment to the 
     Nuclear Waste Fund established in section 302(c) of the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the 
     amount of $198,400,000.

     SEC. 3105. PAYMENT OF PENALTIES ASSESSED AGAINST ROCKY FLATS 
                   SITE.

       The Secretary of Energy may pay to the Hazardous Substance 
     Superfund established under section 9507 of the Internal 
     Revenue Code of 1986 (26 U.S.C. 9507), from funds 
     appropriated to the Department of Energy for environmental 
     restoration and waste management activities pursuant to 
     section 3102, stipulated civil penalties in the amount of 
     $350,000 assessed under the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601 et seq.) against the Rocky Flats Site, Golden, Colorado.
                Subtitle B--Recurring General Provisions

     SEC. 3121. REPROGRAMMING.

       (a) In General.--Until the Secretary of Energy submits to 
     the congressional defense committees the report referred to 
     in subsection (b) and a period of 30 days has elapsed after 
     the date on which such committees receive the report, the 
     Secretary may not use amounts appropriated pursuant to this 
     title for any program--
       (1) in amounts that exceed, in a fiscal year--
       (A) 110 percent of the amount authorized for that program 
     by this title; or
       (B) $1,000,000 more than the amount authorized for that 
     program by this title; or
       (2) which has not been presented to, or requested of, 
     Congress.
       (b) Report.--(1) The report referred to in subsection (a) 
     is a report containing a full and complete statement of the 
     action proposed to be taken and the facts and circumstances 
     relied upon in support of such proposed action.
       (2) In the computation of the 30-day period under 
     subsection (a), there shall be excluded any day on which 
     either House of Congress is not in session because of an 
     adjournment of more than 3 days to a day certain.
       (c) Limitations.--(1) In no event may the total amount of 
     funds obligated pursuant to this title exceed the total 
     amount authorized to be appropriated by this title.
       (2) Funds appropriated pursuant to this title may not be 
     used for an item for which Congress has specifically denied 
     funds.

     SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

       (a) In General.--The Secretary of Energy may carry out any 
     construction project under the general plant projects 
     authorized by this title if the total estimated cost of the 
     construction project does not exceed $2,000,000.
       (b) Report to Congress.--If, at any time during the 
     construction of any general plant project authorized by this 
     title, the estimated cost of the project is revised because 
     of unforeseen cost variations and the revised cost of the 
     project exceeds $2,000,000, the Secretary shall immediately 
     furnish a complete report to the congressional defense 
     committees explaining the reasons for the cost variation.

     SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

       (a) In General.--(1) Except as provided in paragraph (2), 
     construction on a construction project may not be started or 
     additional obligations incurred in connection with the 
     project above the total estimated cost, whenever the current 
     estimated cost of the construction project, which is 
     authorized by sections 3101, 3102, and 3103, or which is in 
     support of national security programs of the Department of 
     Energy and was authorized by any previous Act, exceeds by 
     more than 25 percent the higher of--
       (A) the amount authorized for the project; or
       (B) the amount of the total estimated cost for the project 
     as shown in the most recent budget justification data 
     submitted to Congress.
       (2) An action described in paragraph (1) may be taken if--
       (A) the Secretary of Energy has submitted to the 
     congressional defense committees a report on the actions and 
     the circumstances making such action necessary; and
       (B) a period of 30 days has elapsed after the date on which 
     the report is received by the committees.
       (3) In the computation of the 30-day period under paragraph 
     (2), there shall be excluded any day on which either House of 
     Congress is not in session because of an adjournment of more 
     than 3 days to a day certain.
       (b) Exception.--Subsection (a) shall not apply to any 
     construction project which has a current estimated cost of 
     less than $5,000,000.

     SEC. 3124. FUND TRANSFER AUTHORITY.

       (a) Transfer to Other Federal Agencies.--The Secretary of 
     Energy may transfer funds authorized to be appropriated to 
     the Department of Energy pursuant to this title to other 
     Federal agencies for the performance of work for which the 
     funds were authorized. Funds so transferred may be 

[[Page S 11458]]
     merged with and be available for the same purposes and for the same 
     period as the authorizations of the Federal agency to which 
     the amounts are transferred.
       (b) Transfer Within Department of Energy; Limitations.--(1) 
     Subject to paragraph (2), the Secretary of Energy may 
     transfer funds authorized to be appropriated to the 
     Department of Energy pursuant to this title between any such 
     authorizations. Amounts of authorizations so transferred may 
     be merged with and be available for the same purposes and for 
     the same period as the authorization to which the amounts are 
     transferred.
       (2) Not more than 5 percent of any such authorization may 
     be transferred between authorizations under paragraph (1). No 
     such authorization may be increased or decreased by more than 
     5 percent by a transfer under such paragraph.
       (3) The authority provided by this section to transfer 
     authorizations--
       (A) may only be used to provide funds for items relating to 
     weapons activities necessary for national security programs 
     that have a higher priority than the items from which the 
     funds are transferred; and
       (B) may not be used to provide authority for an item that 
     has been denied funds by Congress.
       (c) Notice to Congress.--The Secretary of Energy shall 
     promptly notify the Committee on Armed Services of the Senate 
     and the Committee on National Security of the House of 
     Representatives of any transfer of funds to or from 
     authorizations under this title.

     SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.

       (a) Requirement for Conceptual Design.--(1) Subject to 
     paragraph (2) and except as provided in paragraph (3), before 
     submitting to Congress a request for funds for a construction 
     project that is in support of a national security program of 
     the Department of Energy, the Secretary of Energy shall 
     complete a conceptual design for that project.
       (2) If the estimated cost of completing a conceptual design 
     for a construction project exceeds $3,000,000, the Secretary 
     shall submit to Congress a request for funds for the 
     conceptual design before submitting a request for funds for 
     the construction project.
       (3) The requirement in paragraph (1) does not apply to a 
     request for funds--
       (A) for a construction project the total estimated cost of 
     which is less than $2,000,000; or
       (B) for emergency planning, design, and construction 
     activities under section 3126.
       (b) Authority for Construction Design.--(1) Within the 
     amounts authorized by this title, the Secretary of Energy may 
     carry out construction design (including architectural and 
     engineering services) in connection with any proposed 
     construction project if the total estimated cost for such 
     design does not exceed $600,000.
       (2) If the total estimated cost for construction design in 
     connection with any construction project exceeds $600,000, 
     funds for such design must be specifically authorized by law.

     SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND 
                   CONSTRUCTION ACTIVITIES.

       (a) Authority.--The Secretary of Energy may use any funds 
     available to the Department of Energy pursuant to an 
     authorization in this title, including funds authorized to be 
     appropriated under sections 3101, 3102, and 3103 for advance 
     planning and construction design, to perform planning, 
     design, and construction activities for any Department of 
     Energy national security program construction project that, 
     as determined by the Secretary, must proceed expeditiously in 
     order to protect public health and safety, meet the needs of 
     national defense, or to protect property.
       (b) Limitation.--The Secretary may not exercise the 
     authority under subsection (a) in the case of any 
     construction project until the Secretary has submitted to the 
     congressional defense committees a report on the activities 
     that the Secretary intends to carry out under this section 
     and the circumstances making such activities necessary.
       (c) Specific Authority.--The requirement of section 
     3125(b)(2) does not apply to emergency planning, design, and 
     construction activities conducted under this section.
       (d) Report.--The Secretary of Energy shall report to the 
     congressional defense committees any exercise of authority 
     under this section.

     SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS 
                   OF THE DEPARTMENT OF ENERGY.

       Subject to the provisions of appropriations Acts and 
     section 3121 of this title, amounts appropriated pursuant to 
     this title for management and support activities and for 
     general plant projects are available for use, when necessary, 
     in connection with all national security programs of the 
     Department of Energy.

     SEC. 3128. AVAILABILITY OF FUNDS.

       When so specified in an appropriation Act, amounts 
     appropriated for operating expenses, plant projects, and 
     capital equipment may remain available until expended.
   Subtitle C--Program Authorizations, Restrictions, and Limitations
     SEC. 3131. TRITIUM PRODUCTION.

       (a) Tritium Production.--Of the funds authorized to be 
     appropriated to the Department of Energy under section 3101, 
     not more than $50,000,000 shall be available to conduct an 
     assessment of alternative means of ensuring that the tritium 
     production of the Department of Energy is adequate to meet 
     the tritium requirements of the Department of Defense. The 
     assessment shall include an assessment of various types of 
     reactors and an accelerator.
       (b) Location of New Tritium Production Facility.--The 
     Secretary of Energy shall locate the new tritium production 
     facility of the Department of Energy at the Savannah River 
     Site, South Carolina.
       (c) Tritium Targets.--Of the funds authorized to be 
     appropriated to the Department of Energy under section 3101, 
     not more than $5,000,000 shall be available for the Idaho 
     National Engineering Laboratory for the test and development 
     of nuclear reactor tritium targets for the various types of 
     reactors to be assessed by the Department under subsection 
     (a).
     SEC. 3132. FISSILE MATERIALS DISPOSITION.

       Of the funds authorized to be appropriated to the 
     Department of Energy for fiscal year 1996 under section 
     3103(a)(7), $70,000,000 shall be available only for purposes 
     of completing the evaluation of, and commencing 
     implementation of, the interim- and long-term storage and 
     disposition of fissile materials (including plutonium, highly 
     enriched uranium, and other fissile materials) that are 
     excess to the national security needs of the United States, 
     of which $10,000,000 shall be available for plutonium 
     resource assessment on a competitive basis by an appropriate 
     university consortium.
     SEC. 3133. TRITIUM RECYCLING.

       (a) In General.--Except as provided in subsection (b), the 
     following activities shall be carried out at the Savannah 
     River Site, South Carolina:
       (1) All tritium recycling for weapons, including tritium 
     refitting.
       (2) All activities regarding tritium formerly carried out 
     at the Mound Plant, Ohio.
       (b) Exception.--The following activities may be carried out 
     at the Los Alamos National Laboratory, New Mexico:
       (1) Research on tritium.
       (2) Work on tritium in support of the defense inertial 
     confinement fusion program.
       (3) Provision of technical assistance to the Savannah River 
     Site regarding the weapons surveillance program.
     SEC. 3134. MANUFACTURING INFRASTRUCTURE FOR REFABRICATION AND 
                   CERTIFICATION OF ENDURING NUCLEAR WEAPONS 
                   STOCKPILE.

       (a) Manufacturing Program.--The Secretary of Energy shall 
     carry out a program for purposes of establishing within the 
     Government a manufacturing infrastructure that has the 
     following capabilities as specified in the Nuclear Posture 
     Review:
       (1) To develop a stockpile surveillance engineering base.
       (2) To refabricate and certify weapon components and types 
     in the enduring nuclear weapons stockpile, as necessary.
       (3) To design, fabricate, and certify new nuclear warheads, 
     as necessary.
       (4) To support nuclear weapons.
       (5) To supply sufficient tritium in support of nuclear 
     weapons to ensure an upload hedge in the event circumstances 
     require.
       (b) Required Capabilities.--The manufacturing 
     infrastructure established under the program under subsection 
     (a) shall include the following capabilities (modernized to 
     attain the objectives referred to in that subsection):
       (1) The weapons assembly capabilities of the Pantex Plant.
       (2) The weapon secondary fabrication capabilities of the Y-
     12 Plant, Oak Ridge, Tennessee.
       (3) The tritium production and recycling capabilities of 
     the Savannah River Site.
       (4) A weapon primary pit refabrication/manufacturing and 
     reuse facility capability at Savannah River Site (if required 
     for national security purposes).
       (5) The non-nuclear component capabilities of the Kansas 
     City Plant.
       (c) Nuclear Posture Review.--For purposes of subsection 
     (a), the term ``Nuclear Posture Review'' means the Department 
     of Defense Nuclear Posture Review as contained in the Report 
     of the Secretary of Defense to the President and the Congress 
     dated February 19, 1995, or subsequent such reports.
       (d) Funding.--Of the funds authorized to be appropriated 
     under section 3101(b), $143,000,000 shall be available for 
     carrying out the program required under this section, of 
     which--
       (1) $35,000,000 shall be available for activities at the 
     Pantex Plant;
       (2) $30,000,000 shall be available for activities at the Y-
     12 Plant, Oak Ridge, Tennessee;
       (3) $35,000,000 shall be available for activities at the 
     Savannah River Site; and
       (4) $43,000,000 shall be available for activities at the 
     Kansas City Plant.
     SEC. 3135. HYDRONUCLEAR EXPERIMENTS.

       Of the funds authorized to be appropriated to the 
     Department of Energy under section 3101, $50,000,000 shall be 
     available for preparation for the commencement of a program 
     of hydronuclear experiments at the nuclear weapons design 
     laboratories at the Nevada Test Site which program shall be 
     for the purpose of maintaining confidence in the reliability 
     and safety of the enduring nuclear weapons stockpile.
     SEC. 3136. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF SKILLS 
                   CRITICAL TO THE DEPARTMENT OF ENERGY NUCLEAR 
                   WEAPONS COMPLEX.

       (a) In General.--The Secretary of Energy shall conduct a 
     fellowship program for the 

[[Page S 11459]]
     development of skills critical to the ongoing mission of the Department 
     of Energy nuclear weapons complex. Under the fellowship 
     program, the Secretary shall--
       (1) provide educational assistance and research assistance 
     to eligible individuals to facilitate the development by such 
     individuals of skills critical to maintaining the ongoing 
     mission of the Department of Energy nuclear weapons complex;
       (2) employ eligible individuals at the facilities described 
     in subsection (c) in order to facilitate the development of 
     such skills by these individuals; or
       (3) provide eligible individuals with the assistance and 
     the employment.
       (b) Eligible Individuals.--Individuals eligible for 
     participation in the fellowship program are the following:
       (1) Students pursuing graduate degrees in fields of science 
     or engineering that are related to nuclear weapons 
     engineering or to the science and technology base of the 
     Department of Energy.
       (2) Individuals engaged in postdoctoral studies in such 
     fields.
       (c) Covered Facilities.--The Secretary shall carry out the 
     fellowship program at or in connection with the following 
     facilities:
       (1) The Kansas City Plant, Kansas City, Missouri.
       (2) The Pantex Plant, Amarillo, Texas.
       (3) The Y-12 Plant, Oak Ridge, Tennessee.
       (4) The Savannah River Site, Aiken, South Carolina.
       (d) Administration.--The Secretary shall carry out the 
     fellowship program at a facility referred to in subsection 
     (c) through the stockpile manager of the facility.
       (e) Allocation of Funds.--The Secretary shall, in 
     consultation with the Assistant Secretary of Energy for 
     Defense Programs, allocate funds available for the fellowship 
     program under subsection (f) among the facilities referred to 
     in subsection (c). The Secretary shall make the allocation 
     after evaluating an assessment by the weapons program 
     director of each such facility of the personnel and critical 
     skills necessary at the facility for carrying out the ongoing 
     mission of the facility.
       (f) Funding.--Of the funds authorized to be appropriated to 
     the Department of Energy for fiscal year 1996 under section 
     3101(b), $10,000,000 may be used for the purpose of carrying 
     out the fellowship program under this section.

     SEC. 3137. EDUCATION PROGRAM FOR DEVELOPMENT OF PERSONNEL 
                   CRITICAL TO THE DEPARTMENT OF ENERGY NUCLEAR 
                   WEAPONS COMPLEX.

       (a) In General.--The Secretary of Energy shall conduct an 
     education program to ensure the long-term supply of personnel 
     having skills critical to the ongoing mission of the 
     Department of Energy nuclear weapons complex. Under the 
     program, the Secretary shall provide--
       (1) education programs designed to encourage and assist 
     students in study in the fields of math, science, and 
     engineering that are critical to maintaining the nuclear 
     weapons complex;
       (2) programs that enhance the teaching skills of teachers 
     who teach students in such fields; and
       (3) education programs that increase the scientific 
     understanding of the general public in areas of importance to 
     the nuclear weapons complex and to the Department of Energy 
     national laboratories.
       (b) Funding.--Of the funds authorized to be appropriated to 
     the Department of Energy for fiscal year 1996 under section 
     3101(a), $10,000,000 may be used for the purpose of carrying 
     out the education program under this section.

     SEC. 3138. LIMITATION ON USE OF FUNDS FOR CERTAIN RESEARCH 
                   AND DEVELOPMENT PURPOSES.

       Funds appropriated or otherwise made available to the 
     Department of Energy for fiscal year 1996 under section 3101 
     may be obligated and expended for activities under the 
     Department of Energy Laboratory Directed Research and 
     Development Program or under Department of Energy technology 
     transfer programs only if such activities support the 
     national security mission of the Department.

     SEC. 3139. PROCESSING OF HIGH LEVEL NUCLEAR WASTE AND SPENT 
                   NUCLEAR FUEL RODS.

       (a) Electrometallurgical Processing Activities.--Of the 
     amount authorized to be appropriated to the Department of 
     Energy under section 3102, not more than $2,500,000 shall be 
     available for electrometallurgical processing activities at 
     the Idaho National Engineering Laboratory.
       (b) Processing of Spent Nuclear Fuel Rods at Savannah River 
     Site.--Of the amount authorized to be appropriated to the 
     Department of Energy under section 3102, $30,000,000 shall be 
     available for operating and maintenance activities at the 
     Savannah River Site, which amount shall be available for the 
     development at the canyon facilities at the site of 
     technological methods (including plutonium processing and 
     reprocessing) of separating, reducing, isolating, and storing 
     the spent nuclear fuel rods that are sent to the site from 
     other Department of Energy facilities and from foreign 
     facilities.
       (c) Processing of Spent Nuclear Fuel Rods at Idaho National 
     Engineering Laboratory.--Of the amount authorized to be 
     appropriated to the Department of Energy under section 3102, 
     $15,000,000 shall be available for operating and maintenance 
     activities at the Idaho National Engineering Laboratory, 
     which amount shall be available for the development of 
     technological methods of processing the spent nuclear fuel 
     rods that will be sent to the laboratory from other 
     Department of Energy facilities.
       (d) Spent Nuclear Fuel Defined.--In this section, the term 
     ``spent nuclear fuel'' has the meaning given such term in 
     section 2(23) of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10101(23)).

     SEC. 3140. DEPARTMENT OF ENERGY DECLASSIFICATION PRODUCTIVITY 
                   INITIATIVE.

       Of the funds authorized to be appropriated to the 
     Department of Energy under section 3103, $3,000,000 shall be 
     available for the Declassification Productivity Initiative of 
     the Department of Energy.

     SEC. 3141. AUTHORITY TO REPROGRAM FUNDS FOR DISPOSITION OF 
                   CERTAIN SPENT NUCLEAR FUEL.

       (a) Authority To Reprogram.--Notwithstanding any other 
     provision of law and subject to subsection (b), the Secretary 
     of Energy may reprogram funds available to the Department of 
     Energy for fiscal year 1996 under section 3101(b) or 3102(b) 
     to make such funds available for use for storage pool 
     treatment and stabilization or for canning and storage in 
     connection with the disposition of spent nuclear fuel in the 
     Democratic People's Republic of Korea, which treatment and 
     stabilization or canning and storage is--
       (1) necessary in order to meet International Atomic Energy 
     Agency safeguard standards with respect to the disposition of 
     spent nuclear fuel; and
       (2) conducted in fulfillment of the Nuclear Framework 
     Agreement between the United States and the Democratic 
     People's Republic of Korea dated October 21, 1994.
       (b) Limitation.--The total amount that the Secretary may 
     reprogram under the authority in subsection (a) may not 
     exceed $5,000,000.
       (c) Definition.--In this section, the term ``spent nuclear 
     fuel'' has the meaning given such term in section 2(23) of 
     the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23)).
     SEC. 3142. PROTECTION OF WORKERS AT NUCLEAR WEAPONS 
                   FACILITIES.

       Of the funds authorized to be appropriated to the 
     Department of Energy under section 3102, $10,000,000 shall be 
     available to carry out activities authorized under section 
     3131 of the National Defense Authorization Act for Fiscal 
     Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1571; 42 
     U.S.C. 7274d), relating to worker protection at nuclear 
     weapons facilities.
 Subtitle D--Review of Department of Energy National Security Programs

     SEC. 3151. REVIEW OF DEPARTMENT OF ENERGY NATIONAL SECURITY 
                   PROGRAMS.

       (a) Report.--Not later than March 15, 1996, the Secretary 
     of Defense shall, in consultation with the Secretary of 
     Energy, submit to the congressional defense committees a 
     report on the national security programs of the Department of 
     Energy.
       (b) Contents of Report.--The report shall include an 
     assessment of the following:
       (1) The effectiveness of the Department of Energy in 
     maintaining the safety and reliability of the enduring 
     nuclear weapons stockpile.
       (2) The management by the Department of the nuclear weapons 
     complex, including--
       (A) a comparison of the Department of Energy's 
     implementation of applicable environmental, health, and 
     safety requirements with the implementation of similar 
     requirements by the Department of Defense; and
       (B) a comparison of the costs and benefits of the national 
     security research and development programs of the Department 
     of Energy with the costs and benefits of similar programs 
     sponsored by the Department of Defense.
       (3) The fulfillment of the requirements established for the 
     Department of Energy in the Nuclear Posture Review.
       (c) Definition.--In this section, the term ``Nuclear 
     Posture Review'' means the Department of Defense Nuclear 
     Posture Review as contained in the Report of the Secretary of 
     Defense to the President and the Congress dated February 19, 
     1995, or in subsequent such reports.
                       Subtitle E--Other Matters
     SEC. 3161. RESPONSIBILITY FOR DEFENSE PROGRAMS EMERGENCY 
                   RESPONSE PROGRAM.

       The Office of Military Applications under the Assistant 
     Secretary of Energy for Defense Programs shall retain 
     responsibility for the Defense Programs Emergency Response 
     Program within the Department of Energy.

     SEC. 3162. REQUIREMENTS FOR DEPARTMENT OF ENERGY WEAPONS 
                   ACTIVITIES BUDGETS FOR FISCAL YEARS AFTER 
                   FISCAL YEAR 1996.

       (a) In General.--The weapons activities budget of the 
     Department of Energy shall be developed in accordance with 
     the Nuclear Posture Review, the Post Nuclear Posture Review 
     Stockpile Memorandum currently under development, and the 
     programmatic and technical requirements associated with the 
     review and memorandum.
       (b) Required Detail.--The Secretary of Energy shall include 
     in the materials that the Secretary submits to Congress in 
     support of the budget for a fiscal year submitted by the 
     President pursuant to section 1105 of title 31, United States 
     Code, a long-term program plan, and a near-term program plan, 
     for the certification and stewardship of the enduring nuclear 
     weapons stockpile.
       (c) Definition.--In this section, the term ``Nuclear 
     Posture Review'' means the Department of Defense Nuclear 
     Posture Review 

[[Page S 11460]]
     as contained in the Report of the Secretary of Defense to the President 
     and the Congress dated February 19, 1995, or in subsequent 
     such reports.
     SEC. 3163. REPORT ON PROPOSED PURCHASES OF TRITIUM FROM 
                   FOREIGN SUPPLIERS.

       (a) Requirement.--Not later than May 30, 1997, the 
     President shall submit to the congressional defense 
     committees a report on any plans of the President to purchase 
     from foreign suppliers tritium to be used for purposes of the 
     nuclear weapons stockpile of the United States.
       (b) Form of Report.--The report shall be submitted in 
     unclassified form, but may contain a classified annex.
     SEC. 3164. REPORT ON HYDRONUCLEAR TESTING.

       (a) Report.--The Secretary of Energy shall direct the joint 
     preparation by the Lawrence Livermore National Laboratory and 
     the Los Alamos National Laboratory of a report on the 
     advantages and disadvantages for the safety and reliability 
     of the enduring nuclear weapons stockpile of permitting 
     alternative limits to the current limits on the explosive 
     yield of hydronuclear tests. The report shall address the 
     following explosive yield limits:
       (1) 4 pounds (TNT equivalent).
       (2) 400 pounds (TNT equivalent).
       (3) 4,000 pounds (TNT equivalent).
       (4) 40,000 pounds (TNT equivalent).
       (b) Funding.--The Secretary shall make available funds 
     authorized to be appropriated to the Department of Energy 
     under section 3101 for preparation of the report required 
     under subsection (a).
     SEC. 3165. PLAN FOR THE CERTIFICATION AND STEWARDSHIP OF THE 
                   ENDURING NUCLEAR WEAPONS STOCKPILE.

       (a) Requirement.--Not later than March 15, 1996, and every 
     March 15 thereafter, the Secretary of Energy shall submit to 
     the Secretary of Defense a plan for maintaining the enduring 
     nuclear weapons stockpile.
       (b) Plan Elements.--Each plan under subsection (a) shall 
     set forth the following:
       (1) The numbers of weapons (including active weapons and 
     inactive weapons) for each type of weapon in the enduring 
     nuclear weapons stockpile.
       (2) The expected design lifetime of each weapon system 
     type, the current age of each weapon system type, and any 
     plans (including the analytical basis for such plans) for 
     lifetime extensions of a weapon system type.
       (3) An estimate of the lifetime of the nuclear and non-
     nuclear components of the weapons (including active weapons 
     and inactive weapons) in the enduring nuclear weapons 
     stockpile, and any plans (including the analytical basis for 
     such plans) for lifetime extensions of such components.
       (4) A schedule of the modifications, if any, required for 
     each weapon type (including active weapons and inactive 
     weapons) in the enduring nuclear weapons stockpile, and the 
     cost of such modifications.
       (5) The process to be used in recertifying the safety, 
     reliability, and performance of each weapon type (including 
     active weapons and inactive weapons) in the enduring nuclear 
     weapons stockpile.
       (6) The manufacturing infrastructure required to maintain 
     the nuclear weapons stockpile stewardship management program.
                                 ______


                  EXON (AND OTHERS) AMENDMENT NO. 2112

  Mr. EXON (for himself, Mr. Hatfield, Mr. Daschle, Mr. Levin, Mr. 
Bingaman, Mr. Glenn, Mr. Harkin, Mr. Simon, Mr. Kerrey, Mr. Kennedy, 
Mr. Wellstone, and Mr. Bumpers) proposed an amendment to the bill S. 
1026, supra; as follows:

       On page 33 of the underlying amendment, strike out Section 
     3135, lines 11 through 19.
                                 ______


                  REID (AND BRYAN) AMENDMENT NO. 2113

  Mr. REID (for himself and Mr. Bryan) proposed an amendment to 
amendment No. 2111 proposed by Mr. Thurmond to the bill S. 1026, supra; 
as follows:

       On page 29 of the amendment, strike lines 18 through 21.
                                 ______


                      THURMOND AMENDMENT NO. 2114

  Mr. THURMOND proposed an amendment to amendment No. 2111 proposed by 
him to the bill S. 1026, supra; as follows:

       Page 8, line 17 strike out ``$2,341,596,000'' and 
     substitute in lieu thereof ``$2,386,596,000''.
       Page 8, line 20 strike out ``$2,121,226,000'' and 
     substitute in lieu thereof ``$2,151,266,000''.
       Page 9, line 1 strike out ``$220,330,000'' and substitute 
     in lieu thereof ``$235,330,000''.
       Page 9, line 25 strike out ``$26,000,000'' and substitute 
     in lieu thereof ``$41,000,000''.
       Page 13, line 6 strike out ``$550,510,000'' and substitute 
     in lieu thereof ``$505,510,000''.
                                 ______


                BUMPERS (AND OTHERS) AMENDMENT NO. 2115

  Mr. BUMPERS (for himself, Mr. Simon, Mr. Wellstone, Ms. Moseley-
Braun, and Mr. Feingold) proposed an amendment to the bill S. 1026, 
supra; as follows:

       At the appropriate place in the bill, add the following new 
     section:

     SEC.   . REPEAL OF DEFENSE FIREWALL.

       (A) Strike Section 201(a) through 201(b)(1)(B) of H. Con. 
     Res. 67, as passed by both houses of Congress and insert in 
     lieu thereof the following:

     SEC. 201. DISCRETIONARY SPENDING LIMITS.

       (a) Definition.--As used in this section and for the 
     purposes of allocations made pursuant to section 302(a) or 
     602(a) of the Congressional Budget Act of 1974, for the 
     discretionary category, the term ``discretionary spending 
     limit'' means--
       (1) with respect to fiscal year 1996, for the discretionary 
     category $485,074,000,000 in new budget authority and 
     $531,768,000,000 in outlays;
       (2) with respect to fiscal year 1997, for the discretionary 
     category $482,430,000,000 in new budget authority and 
     $520,295,000,000 in outlays;
       (3) with respect to fiscal year 1998, for the discretionary 
     category $490,692,000,000 in new budget authority and 
     $512,632,000,000 in outlays;
       (4) with respect to fiscal year 1999, for the discretionary 
     category $482,207,000,000, in new budget authority and 
     $510,482,000,000 in outlays;
       (5) with respect to fiscal year 2000, for the discretionary 
     category $489,379,000,000, in new budget authority and 
     $514,234,000,000 in outlays;
       (6) with respect to fiscal year 2001, for the discretionary 
     category $496,601,000,000 in new budget authority and 
     $516,403,000,000 in outlays;
       (7) with respect to fiscal year 2002, for the discretionary 
     category $498,837,000,000 in new budget authority and 
     $515,075,000,000 in outlays;

     as adjusted for changes in concepts and definitions and 
     emergency appropriations.
       (b) Point of Order in the Senate.--
       (1) In general.--Except as provided in paragraph (2), it 
     shall not be in order in the Senate to consider--
       (A) any concurrent resolution on the budget for fiscal 
     years 1996, 1997, 1998, 1999, 2000, 2001, or 2002 (or 
     amendment, motion, or conference report on such a resolution) 
     that provides discretionary spending in excess of the 
     discretionary spending limit for such fiscal year; or
       (B) Within 30 days of the date of enactment of this Act, 
     the House and Senate Appropriations Committee shall meet to 
     consider the reallocation of the fiscal year 1996 
     suballocations made pursuant to section 602(b) of the 
     Congressional Budget Act of 1974.
                                 ______


                       McCAIN AMENDMENT NO. 2116

  Mr. McCAIN proposed an amendment to the bill S. 1026, supra; as 
follows:

       At the appropriate place in the Act, add the following new 
     section:

     SEC.   . CIVILIAN SPORTING EVENTS.

       (a) No funds made available to the Department of Defense 
     may be expended either directly or indirectly to support 
     civilian sporting events, including but not limited to the 
     World Cup Soccer Games, the Goodwill Games, and the Olympics, 
     until the Secretary of Defense enters into an agreement with 
     the appropriate entity of affiliated entity or entities and 
     certifies that such funds will be reimbused to the extent 
     available to the Department under terms and conditions 
     established by the Secretary of Defense, and that such terms 
     shall
       (1) not mandate any reimbursement until after the event is 
     complete and all event-related contactual obligations have 
     been met by the entity; and
       (2) such reimbursement shall not exceed surplus funds 
     available.
       (b) For the purposes of this Section, paragraph (a) shall 
     be null and void and of no effect if the entity or entities 
     with which the agreement was made have no surplus funds after 
     all other contractual obligations have been met.
       (c) Surplus Funds Defined.--For the purposes of this 
     section, the term ``surplus funds'', with respect to an 
     organization sponsoring a sporting event, means the amount 
     equal to the excess of--
       (1) the total amount of the funds received by the 
     organization for the event other than revenues derived for 
     any tax, over
       (2) the total amount expended by the organization for 
     payment of all of the costs under the organization's 
     contractual obligations (other than an agreement entered into 
     with the Secretary of Defense under this section) that relate 
     to the event.
                                 ______


                 BOXER (AND OTHERS) AMENDMENT NO. 2117

  Mrs. BOXER (for herself, Mr. Harkin, and Mr. Bradley) proposed an 
amendment to the bill S. 1026, supra; as follows:

       Beginning on page 189, strike out line 5 and all that 
     follows through page 191, line 21, and insert in lieu thereof 
     the following:

     SEC. 526. FORFEITURE OF PAY AND ALLOWANCES AND REDUCTION IN 
                   GRADE.

       (a) Effective Date of Punishments.--Section 857(a) (article 
     57(a)) is amended to read as follows:
       ``(a)(1) Any forfeiture of pay, forfeiture of allowances, 
     or reduction in grade included in a sentence of a court-
     martial takes effect on the earlier of--
       ``(A) the date that is 14 days after the date on which the 
     sentence is adjudged; or

[[Page S 11461]]

       ``(B) the date on which the sentence is approved by the 
     convening authority.
       ``(2) On application by an accused, the convening authority 
     may defer any forfeiture of pay, forfeiture of allowances, or 
     reduction in grade that would otherwise become effective 
     under paragraph (1)(A) until the date on which the sentence 
     is approved by the convening authority. The deferment may be 
     rescinded at any time by the convening authority.
       ``(3) A forfeiture of pay or allowances shall be collected 
     from pay accruing on and after the date on which the sentence 
     takes effect under paragraph (1). Periods during which a 
     sentence to forfeiture of pay or forfeiture of allowances is 
     suspended or deferred shall be excluded in computing the 
     duration of the forfeiture.
       ``(4) In this subsection, the term `convening authority', 
     with respect to a sentence of a court-martial, means any 
     person authorized to act on the sentence under section 860 of 
     this title (article 60).''.
       (b) Effect of Punitive Separation or Confinement for One 
     Year or More.--(1) Subchapter VIII is amended by inserting 
     after section 858a (article 58a) the following new section 
     (article):

     ``Sec. 858b. Art. 58b. Sentences: forfeiture of pay and 
       allowances

       ``(a) A sentence adjudged by a court-martial that includes 
     confinement for one year or more, death, dishonorable 
     discharge, bad-conduct discharge, or dismissal shall result 
     in the forfeiture of all pay and allowances due that member 
     during any period of confinement or parole. The forfeiture 
     required by this section shall take effect on the date 
     determined under section 857(a) of this title (article 57(a)) 
     and may be deferred in accordance with that section.
       ``(b) In a case involving an accused who has dependents, 
     the convening authority or other person acting under section 
     860 of this title (article 60) may waive any or all of the 
     forfeitures of pay and allowances required by subsection (a) 
     for a period not to exceed six months. Any amount of pay or 
     allowances that, except for a waiver under this subsection, 
     would be forfeited shall be paid, as the convening authority 
     or other person taking action directs, to the dependents of 
     the accused.''.
       ``(c) If the sentence of a member who forfeits pay and 
     allowances under subsection (a) is set aside or disapproved 
     or, as finally approved, does not provide for a punishment 
     referred to in subsection (a), the member shall be paid the 
     pay and allowances which the member would have been paid, 
     except for the forfeiture, for the period during which the 
     forfeiture was in effect.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter VIII of such chapter is amended by 
     adding at the end the following new item:

``858b. 58b. Sentences: forfeiture of pay and allowances.''.

       (c) Applicability.--The amendments made by this section 
     shall apply to a case in which a sentence is adjudged by a 
     court-martial on or after the first day of the first month 
     that begins at least 30 days after the date of the enactment 
     of this Act.
                                 ______


                 COHEN (AND OTHERS) AMENDMENT NO. 2118

  Mr. COHEN (for himself, Mr. Levin, Mr. Roth, Mr. Glenn, and Mr. 
Bingaman) proposed an amendment to the bill S. 1026, supra; as follows:

       At the end of the bill, add the following:


          division d--information technology management reform

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Information Technology 
     Management Reform Act of 1995''.

     SEC. 4002. FINDINGS.

       Congress makes the following findings:
       (1) Federal information systems are critical to the lives 
     of every American.
       (2) The efficiency and effectiveness of the Federal 
     Government is dependent upon the effective use of 
     information.
       (3) The Federal Government annually spends billions of 
     dollars operation obsolete information systems.
       (4) The use of obsolete information systems severely limits 
     the quality of the services that the Federal Government 
     provides, the efficiency of Federal Government operations, 
     and the capabilities of the Federal Government to account for 
     how taxpayer dollars are spent.
       (5) The failure to modernize Federal Government information 
     systems and the operations they support, despite efforts to 
     do so, has resulted in the waste of billions of dollars that 
     cannot be recovered.
       (6) Despite improvements achieved through implementation of 
     the Chief Financial Officers Act of 1990, most Federal 
     agencies cannot track the expenditures of Federal dollars 
     and, thus, expose the taxpayers to billions of dollars in 
     waste, fraud, abuse, and mismanagement.
       (7) Poor planning and program management and an 
     overburdened acquisition process have resulted in the 
     American taxpayers not getting their money's worth from the 
     expenditure of $200,000,000,000 on information systems during 
     the decade preceding the enactment of this Act.
       (8) The Federal Government's investment control processes 
     focus too late in the system lifecycle, lack sound capital 
     planning, and pay inadequate attention to business process 
     improvement, performance measurement, project milestones, or 
     benchmarks against comparable organizations.
       (9) Many Federal agencies lack adequate personnel with the 
     basic skills necessary to effectively and efficiently use 
     information technology and other information resources in 
     support of agency programs and missions.
       (10) Federal regulations governing information technology 
     acquisitions are outdated, focus on paperwork and process 
     rather than results, and prevent the Federal Government from 
     taking timely advantage of the rapid advances taking place in 
     the competitive and fast changing global information 
     technology industry.
       (11) Buying, leasing, or developing information systems 
     should be a top priority for Federal agency management 
     because the high potential for the systems to substantially 
     improve Federal Government operations, including the delivery 
     of services to the public.
       (12) Structural changes in the federal government, 
     including elimination of the Brooks Act (Section 111 of the 
     Federal Property and Administrative Services Act of 1949), 
     are necessary in order to improve Federal information 
     management and to facilitate Federal Government acquisition 
     of the state-of-the-art information technology that is 
     critical for improving the efficiency and effectiveness of 
     Federal Government operations.
     SEC. 4003. PURPOSES.

       The purposes of this division are as follows:
       (1) To create incentives for the Federal Government to 
     strategically use information technology in order to achieve 
     efficient and effective operations of the Federal Government, 
     and to provide cost effective and efficient delivery of 
     Federal Government services to the taxpayers.
       (2) To provide for the cost effective and timely 
     acquisition, management, and use of effective information 
     technology solutions.
       (3) To transform the process-oriented procurement system of 
     the Federal Government, as it relates to the acquisition of 
     information technology, into a results-oriented procurement 
     system.
       (4) To increase the responsibility and authority of 
     officials of the Office of Management and Budget and other 
     Federal Government agencies, and the accountability of such 
     officials to Congress and the public, in the use of 
     information technology and other information resources in 
     support of agency missions.
       (5) To ensure that Federal Government agencies are 
     responsible and accountable for achieving service delivery 
     levels and project management performance comparable to the 
     best in the private sector.
       (6) To promote the development and operation of multiple-
     agency and Government wide, inter-operable, shared 
     information resources to support the performance of Federal 
     Government missions.
       (7) To reduce fraud, waste, abuse, and errors resulting 
     from a lack of, or poor implementation of, Federal Government 
     information systems.
       (8) To increase the capability of the Federal Government to 
     restructure and improve processes before applying information 
     technology.
       (9) To increase the emphasis placed by Federal agencies 
     managers on completing effective capital planning and process 
     improvement before applying information technology to the 
     execution of plans and the performance of agency missions.
       (10) To coordinate, integrate, and, to the extent 
     practicable, establish uniform Federal information resources 
     management policies and practices in order to improve the 
     productivity, efficiency, and effectiveness of Federal 
     Government programs and the delivery of services to the 
     public.
       (11) To strengthen the partnership between the Federal 
     Government and State, local, and tribal governments for 
     achieving Federal Government missions, goals, and objectives.
       (12) To provide for the development of a well-trained core 
     of professional Federal Government information resources 
     managers.
       (13) To improve the ability of agencies to share expertise 
     and best practices and coordinate the development of common 
     application systems and infrastructure.

     SEC. 4004. DEFINITIONS.

       In this division:
       (1) Information resources.--The term ``information 
     resources'' means information and related resources such as 
     personnel, equipment, funds, and information technology, but 
     does not include information resources which support national 
     security systems.
       (2) Information resources management.--The term 
     ``information resources management'' means the process of 
     managing information resources to accomplish agency missions 
     and to improve agency performance, including through the 
     reduction of information collection burdens on the public.
       (3) Information system.--The term ``information system'' 
     means a discrete set of information resources organized for 
     the collection, processing, maintenance, use, sharing, 
     dissemination, or disposition of information.
       (4) Information technology.--The term ``information 
     technology'', with respect to an executive agency--

[[Page S 11462]]

       (A) 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 or 
     under a contract with the executive agency which (i) requires 
     the use of such system or subsystem of equipment, or (ii) 
     requires the use, to a significant extent, of such system or 
     subsystem of equipment in the performance of a service or the 
     furnishing of a product; and includes computers; ancillary 
     equipment; software, firmware and similar procedures; 
     services, including support services; and related resources;
       (B) does not include any such equipment that is acquired by 
     a Federal contractor incidental to a Federal contract; and
       (C) does not include information technology contained in 
     national security systems.
       (5) Executive department.--The term ``executive 
     department'' means an executive department specified in 
     section 101 of title 5, United States Code.
       (6) Executive agency.--The term ``executive agency'' has 
     the meaning given the term in section 4(1) of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403(1)).
       (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)).
       (8) Nondevelopmental item.--The term ``Nondevelopmental 
     item'' has the meaning given that term in section 4(13) of 
     the Office of Federal Procurement Policy Act (41 U.S.C. 
     403(13)).
       (9) Information architecture.--The term ``information 
     architecture'', with respect to an executive agency, means a 
     framework or plan for evolving or maintaining existing 
     information technology, acquiring new information technology, 
     and integrating the agency's information technology to 
     achieve the agency's strategic goals and information 
     resources management goals.
       (10) National security systems.--The term ``national 
     security systems'' are those telecommunications and 
     information systems operated by the United States Government, 
     the function, operation, or use of which: 1) involve 
     intelligence activities; 2) involve cryptologic activities 
     related to national security; 3) involves the command and 
     control of military forces; 4) involves equipment that is an 
     integral part of a weapon or weapons system; or 5) is 
     critical to the direct fulfillment of military or 
     intelligence missions, but does not include systems to be 
     used for routine administrative and business applications 
     (including payroll, finance, logistics, and personnel 
     management applications).
       (11) Director.--The term ``Director'' means the Director of 
     the
      Office of Management and Budget.

     SEC. 4005. APPLICATIONS OF EXCLUSIONS

       In General.--The exclusions for national security systems 
     provided in section 4004 of the division apply only in title 
     XLI of this division unless otherwise provided in that title.

  Title XLI--Responsibility for Acquisitions of Information Technology


                     subtitle a--general authority

     SEC. 4101. AUTHORITY OF HEADS OF EXECUTIVE AGENCIES.

       The heads of the executive agencies may conduct 
     acquisitions of information technology pursuant to their 
     respective authorities.

     SEC. 4102. 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.


      subtitle b--director of the office of management and budget

     SEC. 4121. RESPONSIBILITY OF DIRECTOR.

       (a) In fulfilling the responsibility to administer the 
     functions assigned under chapter 35 of title 44, United 
     States Code, the Director shall comply with this subtitle 
     with respect to the specific matters covered by this 
     subtitle.
       (b) This subtitle shall sunset on September 30, 2001, after 
     which the Director may continue to comply with this subtitle.

     SEC. 4122. CAPITAL PLANNING AND INVESTMENT CONTROL.

       (a) With respect to the responsibilities under section 
     3504(h) of title 44, United States Code, the Director shall--
       (1) 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;
       (2) Develop, as part of the budget process, a process for 
     analyzing, tracking and evaluating the risk and results of 
     all major agency capital investments or information systems 
     over the life of the system;
       (A) The process should identify opportunities for 
     interagency cooperation, ensure the success of high risk and 
     high return investments, but not duplicate or supplant 
     existing agency investment development and control processes.
       (B) The process should include development of explicit 
     criteria for analyzing the projected and actual cost, benefit 
     and risk of information systems investments. As part of the 
     process three categories of information systems investments 
     should be
      identified:
       (1) High risk.--those projects that, by virtue of their 
     size, complexity, use of innovative technology or other 
     factors have an especially high risk of failure
       (2) High return.--those projects that, by virtue of their 
     total potential benefits in proportion to their costs, have 
     particularly unique value to the public
       (3) Crosscutting.--those projects of individual agencies 
     with shared benefit to or impact on other federal agencies 
     and state or local governments that require enforcement of 
     operational standards or elimination of redundancies.
       (C) Each annual budget submission shall include a report to 
     Congress on the net program performance benefits achieved by 
     major information systems investments and how these benefits 
     support the accomplishment of agency goals.
       (D) This process shall be performed with the assistance of 
     and advice from the Chief Information Officers Council and 
     appropriate interagency functional groups.
       (E) The process shall ensure that agency information 
     resources management plans are integrated into agency's 
     program plans and budgets for acquisition and use of 
     information technology to improve agency performance and the 
     accomplishment of agency missions.
       (3) in consultation with the Director of the National 
     Institute of Standards and Technology, oversee the 
     development and implementation of information technology 
     standards by the Secretary of Commerce under section 4 of 
     Public Law 100-235;
       (4) designate (as the Director considers appropriate) one 
     or more heads of executive agencies as an executive agent to 
     contract for Government wide acquisition of information 
     technology;
       (5) encourage the executive agencies to develop and use the 
     best practices in the acquisition of information technology 
     by--
       (A) identifying and collecting information regarding the 
     best practices, including information on the development and 
     implementation of the best practices by the executive 
     agencies; and
       (B) providing the executive agencies with information on 
     the best practices and with advice and assistance regarding 
     use of the best practices.
       (6) assess, on a continuing basis, the experiences of 
     executive agencies, State and local governments, 
     international organizations, and the private sector in 
     managing information technology;
       (7) compare the performances of the executive agencies in 
     using information technology and disseminate the comparisons 
     to the executive agencies;
       (8) monitor the development and implementation of training 
     in the management of information technology for executive 
     agency management personnel and staff;
       (9) keep Congress fully informed on the extent to which the 
     executive agencies are improving program performance and the 
     accomplishment of agency missions through the use of the best 
     practices in information technology;
       (10) coordinate the development and review by the Office of 
     Information and Regulatory Affairs of policy associated with 
     Federal procurement and acquisition of information technology 
     with the Office of Federal Procurement Policy; and
       (11) seek and give due weight to the advice given by the 
     Chief Information Officer's Council or interagency functional 
     groups regarding
      the performance of any responsibility of the Director under 
     this subsection.
       (b) The heads of executive agencies shall apply the Office 
     of Management and Budget's guidelines promulgated pursuant to 
     this section to national security systems only to the maximum 
     extent practicable.

     SEC. 4123. PERFORMANCE-BASED AND RESULTS-BASED MANAGEMENT.

       The Director shall encourage performance and results based 
     management in fulfilling the responsibilities assigned under 
     section 3504(h), of title 44, United States Code.
       (a) Evaluation of Agency Programs and Investments.--
       (1) Requirement.--The Director of the Office of Management 
     and Budget shall evaluate the information resources 
     management practices of the executive agencies with respect 
     to the performance and results of the information technology 
     investments of executive agencies.
       (2) Consideration of advice and recommendations.--In 
     performing the evaluation, the Director shall consider any 
     advice and recommendations provided by the Chief Information 
     Officers Council or any interagency functional group.
       (b) Guidance.--The Director shall issue clear and concise 
     guidance to ensure that--
       (1) an agency and its major subcomponents institutes 
     effective and efficient capital planning processes to select, 
     control and evaluate the results of all its major information 
     systems investments;
       (2) an agency determines, prior to making investments in 
     new information systems--
       (A) whether the function to be supported should be 
     performed in the private sector rather than by an agency of 
     the Federal Government and, if so, whether the component of 
     the agency performing that function should be converted from 
     a governmental organization to a private sector organization; 
     or 

[[Page S 11463]]

       (B) whether the function should be performed by the 
     executive agency and, if so, whether the function should be 
     performed by private sector source under a contract entered 
     into by head of the executive agency or executive agency 
     personnel;
       (3) the agency analyzes its missions and, based on the 
     analysis, revises its mission-related processes and 
     administrative processes, as appropriate, before making 
     significant investments in information technology to be used 
     in support of agency missions;
       (4) the agency's information resources management plan is 
     current and adequate and, to the maximum extent practicable, 
     specifically identifies how information technology to be 
     acquired is expected to improve agency operations and 
     otherwise benefit the agency;
       (5) agency information security is adequate;
       (6) the agency--
       (A) provides adequately for the integration of the agency's 
     information resources management plans, strategic plans 
     prepared pursuant to section 306 of title 5, United States 
     code, and performance plans
      prepared pursuant to section 1115 of title 31, United States 
     Code; and
       (B) budgets for the acquisition and use of information 
     technology; and
       (7) efficient and effective interagency and Governmentwide 
     information technology investments are undertaken to improve 
     the accomplishment of common agency missions.
       (c) Periodic Reviews.--The Director shall ensure that 
     selected information resources management activities of the 
     executive agencies are periodically reviewed in order to 
     ascertain the efficiency and effectiveness of information 
     technology in improving agency performance and the 
     accomplishments of agency missions.
       (d) Enforcement of Accountability.--
       (1) 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 under this 
     title in an Executive agency.
       (2) Specific actions.--Actions taken by the Director in the 
     case of an Executive agency may include--
       (A) recommending a reduction or an increase in the amount 
     proposed by the head of the executive agency to be included 
     for information resources in the budget submitted to Congress 
     under section 1105(a) of title 31, United States Code;
       (B) reducing or otherwise adjusting apportionments and 
     reapportionments of appropriations for information resources;
       (C) using other authorized administrative controls over 
     appropriations to restrict the availability of funds for 
     information resources; and
       (D) 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.
       (e) The heads of executive agencies shall apply the Office 
     of Management and Budget guidelines promulgated pursuant to 
     this section to national security systems only to the maximum 
     extent practicable. This subsection does not apply to 
     subparagraphs (d)(1) or (d)(2)(A), (B), or (C).

     SEC. 4124. INTEGRATION WITH INFORMATION RESOURCE MANAGEMENT 
                   RESPONSIBILITIES

       In undertaking activities and issuing guidance in 
     accordance with this subtitle, the Director shall promote the 
     integration of information technology management with the 
     broader information resource management processes in the 
     agencies.


                     subtitle c--executive agencies

     SEC. 4131. RESPONSIBILITIES.

       (a) 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.
       (b) This subtitle shall sunset on September 30, 2001, after 
     which the head of each executive agency may continue to 
     comply with this subtitle.
       (c) Guidance issued by the Director in accordance with 
     subtitle B of this
      title shall sunset on September 30, 2001, unless the 
     Director determines it should continue in effect pursuant 
     to Sec. 4121(b) of this division, and notifies the 
     Congress and the agencies of that intent by March 31, 
     2001.

     SEC. 4132. CAPITAL PLANNING AND INVESTMENT CONTROL.

       In General.--(a) In fulfilling the responsibilities 
     assigned under Section 3506(h) of title 44, U.S. Code, the 
     head of each executive agency shall design and apply in the 
     executive agency a process for maximizing the value and 
     assessing and managing the risks of the information 
     technology acquisitions of the agency.
       (b) The process shall--
       (1) provide for the selection, control, and evaluation of 
     the results of information technology investments of the 
     agency;
       (2) be integrated with budget, financial, and program 
     management decisions of the agency;
       (3) include minimum criteria for considering an information 
     systems investment--to include a quantitative assessment of 
     projected net, risk-adjusted return on investment--as well as 
     explicit criteria, both quantitative and qualitative, for 
     comparing and prioritizing alternative information systems 
     investment projects;
       (4) identify information systems investments with share 
     benefits to or impact on other federal agencies and state or 
     local governments that require enforcement of operational 
     standards or elimination of redundancies;
       (5) provide for clearly identifying in advance of the 
     proposed investment of quantifiable measurements for 
     determining the net benefits and risks;
       (6) provide senior management with timely information 
     regarding the progress of information systems initiatives 
     against measurable, independently-verifiable milestones, 
     including cost, ability to meet specified requirements, 
     timeliness, and quality.
       (c) This section applies to national security systems 
     except for subsection (b).

     SEC. 4133. PERFORMANCE AND RESULTS-BASED MANAGEMENT.

       (a) In General.--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 budget 
     submission for the executive agency, on the progress in 
     achieving the goals;
       (3) ensure that--
       (A) the agency determines--
       (i) whether the function should be performed in the private 
     sector rather than by an agency of the Federal Government 
     and, if so, whether the component of the 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 a contract entered 
     into by head of the executive agency or executive
      agency personnel;
       (B) the agency--
       (i) provides adequately for the integration of the agency's 
     information resources management plans, strategic plans 
     prepared pursuant to section 306 of title 5, United States 
     Code, and performance plans prepared pursuant to section 1115 
     of title 31, United States Code; and
       (ii) budgets for the acquisition and use of information 
     technology;
       (4) 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 agency 
     programs;
       (5) 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;
       (6) analyze its missions and, based on the analysis, 
     revises its mission-related processes and administrative 
     processes as appropriate before making significant 
     investments in information technology to be used in support 
     of agency missions;
       (7) ensure that the agency's information resources 
     management plan is current and adequate and, to the maximum 
     extent practicable, specifically identifies how information 
     technology to be acquired is expected to improve agency 
     operations and otherwise expected to benefit the agency;
       (8) ensure that efficient and effective interagency and 
     Governmentwide information technology investments are 
     undertaken to improve the accomplishment of common agency 
     missions; and
       (9) ensure that an agency's information security is 
     adequate.
       (b) This section applies to national security systems 
     except for subparagraph (3)(A).

     SEC. 4134. SPECIFIC AUTHORITY.

       (a) In General.--The authority of the head of an executive 
     agency under section 4101 and the authorities referred to in 
     such section includes but is not limited to the following 
     authorities:
       (1) To acquire information technology as authorized by 
     law--
       (2) To enter into a contract that provides for multi-agency 
     acquisitions of information technology subject to the 
     approval and guidance of the Director.
       (3) If the Director, based on advice from the Chief 
     Information Officers Council or interagency functional 
     groups, finds that it would be advantageous for the Federal 
     Government to do so, to enter into a multi-agency contract 
     for procurement of commercial items that requires each 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.
       (4) To establish and support one or more independent 
     technical review committees, composed of diverse agency 
     personnel (including users) and outside experts selected by 
     the head of the executive agency, to advise the head of the 
     executive agency about information systems programs.
       (b) FTS 2000 Program.--Notwithstanding any other provision 
     of this or any other law, the General Services Administration 
     shall continue to manage the FTS 2000 program, and to 
     coordinate the follow-on to that
      program, on behalf and with the advice of the Federal 
     agencies.

     SEC. 4135. AGENCY CHIEF INFORMATION OFFICER.

       (a) Depression of Chief Information Officers.--Section 
     3506(a) of title 44, United 

[[Page S 11464]]
     States Code, is amended by striking out ``senior official'' wherever it 
     appears and inserting in lieu thereof ``Chief Information 
     Officer; and by striking out ``official'' wherever it appears 
     and inserting in lieu thereof ``Officer.''
       (b) In General.--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 agency 
     in a manner that implements the policies and procedures of 
     this division and the priorities established by the agency 
     head;
       (2) developing, maintaining and facilitating the 
     implementation of a sound and integrated information 
     architecture for an agency; and
       (3) promoting the effective and efficient design and 
     operation of all major information resources management 
     processes including work process improvements for an agency.
       (c) Duties and Qualifications of chief information officers 
     in Agencies listed in section 901(b)(1) of title 31 United 
     States Code
       (1) Information resources management duties shall be a 
     primary duty of the chief information officer.
       (2) The chief information officer shall monitor the 
     performance of information technology programs of the 
     executive agency, evaluate the performance on the basis of 
     the applicable performance measurements, and advise the head 
     of the executive agency regarding whether to continue or 
     terminate programs and/or projects.
       (3) The chief information officer shall, as part of the 
     strategic planning process required under Government 
     Performance and Results Act, annually
       (A) perform an assessment of the agency's knowledge and 
     skill requirements in information resources management for 
     achieving performance goals;
       (B) an analysis of the degree to which existing positions 
     and personnel, both at the executive and management levels, 
     meet those requirements;
       (C) develop strategies and specific plans for hiring, 
     training and professional development to narrow the gap 
     between needed and existing capability; and
       (D) report to the agency head on the progress made in 
     improving information management capability.
       (4) Agencies may establish Chief Information Officers for 
     major subcomponents or bureaus.
       (5) Agency chief information officers shall possess 
     demonstrated ability in general management of, and knowledge 
     of and extensive practical experience in, information and 
     information technology management practices of business or 
     government entities.
       (6) For each chief information officer, a deputy chief 
     information officer shall be appointed by the agency head 
     reporting directly to the respective agency or component 
     chief information officer. Deputy chief information offices 
     shall have demonstrated ability and experience in general 
     management, business process analysis, software and 
     information systems development, design and management of 
     information technology
      architectures, data and telecommunications management at 
     government or business entities.
       (d) Executive Level IV.--Section 5315 of title 5, United 
     States Code, is amended by adding at the end the following:

     ``Agency Chief information officers designated under section 
     4135(c) of the Information Technology Management Reform Act 
     of 1995.''.
       (e) This section applies to national security systems.

     SEC. 4136. ACCOUNTABILITY.

       (a) System of Controls.--The head of each executive agency, 
     in consultation with the chief information officer and the 
     chief financial officer of that agency (or, in the case of an 
     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 
     agency are designed, developed, maintained, and used 
     effectively to provide financial or program performance data 
     for financial statements of the agency;
       (2) ensure that financial and related program performance 
     data are provided on a reliable, consistent, and timely basis 
     to agency financial management systems; and
       (3) ensure that financial statements support--
       (A) assessment and revision of mission-related processes 
     and administrative processes of the agency; and
       (B) performance measurement in the case of information 
     system investments made by the agency.
       (b) Information Resources Management Plan.--The information 
     resources management plan required under Section 3506(b)(2) 
     of title 44, United States Code shall:
       (1) be consistent with the strategic plan prepared by the 
     head of the agency pursuant to section 306 of title 5, United 
     States Code, where applicable, and the agency head's mission 
     analysis, and ensure that the agency information systems 
     conform to those plans. The plan shall provide for applying 
     information technology and other information resources in 
     support of the performance of the missions of the agency and 
     shall include the following:
       (A) A statement of goals for improving the contribution of 
     information resources to program productivity, efficiency, 
     and effectiveness.
       (B) Methods for measuring progress toward achieving the 
     goals.
       (C) Assignment of clear roles, responsibilities, and 
     accountability for achieving the goals.
       (D) A description of--
       (i) the major existing and planned information technology 
     components (such as information systems and telecommunication 
     networks) of the agency and the relationship among the 
     information technology components; and
       (ii) the information architecture for the agency.
       (E) A summary, for each ongoing or completed major 
     information systems investment from the previous year, of the 
     project's status and any changes in name, direction or scope, 
     quantifiable results achieved and current maintenance 
     expenditures.
       (c) Agency Information.--The head of an executive agency 
     shall periodically evaluate and, as necessary, improve the 
     accuracy, security, completeness, and reliability of 
     information maintained by or for the agency.
       (d) This section applies to national security systems 
     except for subsection (b).

     SEC. 4137. SIGNIFICANT FAILURES

       The agency shall include in the plan required under section 
     3506(b)(2) of title 44, United States Code, a justification 
     for the continuation of any major information technology 
     acquisition program, or phase or increment of such program, 
     that has significantly deviated from the established cost, 
     performance, or schedule baseline.

     SEC. 4138. INTERAGENCY SUPPORT

       The heads of multiple executive agencies are authorized to 
     utilize funds appropriated for use in oversight, acquisition 
     and procurement of information technology to support the 
     activities of the Chief Information Officers Council 
     established pursuant to section 4141 and to such independent 
     review committees and interagency groups established pursuant 
     to section 4151 in such manner and amounts as prescribed by 
     the Director.


             subtitle D--chief information officers council

     SEC. 4141. ESTABLISHMENT OF CHIEF INFORMATION OFFICERS 
                   COUNCIL

       (a) Establishment.--There is established a Chief 
     Information Officers Council, consisting of--
       (1) the Deputy Director for Management of the Office of 
     Management and Budget, who shall act as chairperson of the 
     council;
       (2) the Administrator of the Office of Information and 
     Regulatory Affairs of the Office of Management and Budget;
       (3) the Administrator of General Services;
       (4) the Administrator of the Office of Federal Procurement 
     Policy of the Office of Management and Budget; and
       (5) the Controller of the Office of Federal Financial 
     Management of the Office of Management and Budget; and
       (6) each of the Chief Information Officers from those 
     agencies listed in section 901(b)(1) of title 31, United 
     States Code, along with a Chief Information Officer 
     representing other Executive agencies.
       (b) Functions.--The Chief Information Officers Council 
     shall meet periodically to advise and coordinate the 
     activities of the agencies of its members by:
       (1) obtaining advice on information resources, information 
     resources management, including the reduction of information 
     collection burdens on the public, and information technology 
     from State, local, and tribal governments and from the 
     private sector;
       (2) making recommendations to the Director of the Office of 
     Management and Budget regarding Federal policies and 
     practices on information resources management, including the 
     reduction of information
      collection burdens on the public, to increase the efficiency 
     and effectiveness of federal programs;
       (3) providing for the Director of the Office of Management 
     and Budget to establish temporary special advisory groups to 
     the Chief Information Officers Council, composed of senior 
     officials from industry, academia and the Federal Government, 
     to review Governmentwide information technology programs, 
     information technology acquisitions, and issues of 
     information technology policy; and
       (4) reviewing agency programs and processes, to identify 
     opportunities for consolidation of activities or cooperation.
       (c) The Chief Information Officers Council shall consider 
     national security systems for advice or coordination only 
     with the consent of the affected agency.
       (d) The Chief Information Officers Council shall consult 
     with the Public Printer appointed under Section 301 of Title 
     44, United States Codes, regarding implementation Section 
     4819 of this division.


               subtitle e--interagency functional groups

     SEC. 4151. ESTABLISHMENT.

       (a) In General.--The President may direct the establishment 
     of one or more interagency groups to advise the Director and 
     the agencies, known as ``functional groups''--
       (1) to examine areas including telecommunications, software 
     engineering, common administrative and programmatic 
     applications, computer security, and information policy, that 
     would benefit from a Governmentwide or multi-agency 
     perspective;
       (2) to submit to the Chief Information Officers Council 
     proposed solutions for problems in specific common 
     operational areas;

[[Page S 11465]]

       (3) to promote cooperation among agencies on information 
     technology matters,
       (4) to review and make recommendations to the Director and 
     the agencies concerned regarding major or high risk 
     information technology acquisitions, and
       (5) to otherwise improve the efficient of information 
     technology to support agency missions.
       (b) Temporary Special Advisory Groups.--The Director of the 
     Office of Management and Budget is authorized to establish 
     temporary special advisory groups to the functional groups, 
     composed of experts from industry, academia and the Federal 
     Government, to review Governmentwide information technology 
     programs, major or high-risk information technology 
     acquisitions, and issues of information technology policy.

     SEC. 4152. SPECIFIC FUNCTIONS.

       The functions of an interagency functional group are as 
     follows:
       (1) To identify common goals and requirements for common 
     agency programs.
       (2) To develop a coordinated approach to meeting agency 
     requirements, including coordinated budget estimates and 
     procurement programs.
       (3) To identify opportunities to share information for 
     improving the quality of the performance of agency functions, 
     for reducing the cost of agency programs, and for reducing 
     burdens of agency activities on the public.
       (4) To coordinate activities and the sharing of information 
     with other functional groups.
       (5) To make recommendations to the heads of executive 
     agencies and to the Director of the Office of Management and 
     Budget regarding the selection of protocols and other 
     standards for information technology, including security 
     standards.
       (6) To support interoperability among information systems.
       (7) To perform other functions, related to the purposes set 
     forth in section 4151(a), that are assigned by the chief 
     Information Officers Council.
       (b) Interagency functional groups may perform these 
     functions with respect to national security systems only with 
     the consent of the affected agency.


                   Subtitle F--Other Responsibilities

     SEC. 4161. RESPONSIBILITIES UNDER THE COMPUTER SECURITY ACT 
                   OF 1987.

       (a) In General.--(1) The Secretary of Commerce shall, on 
     the basis of standards and guidelines developed by the 
     National Institute of Standards and technology pursuant to 
     section 20(a) (2) and (3) of the National Bureau of Standards 
     Act, promulgate standards and guidelines pertaining to 
     Federal computer systems, making 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 he 
     determines such action to be in the public interest. The 
     President's authority to disapprove of modify such standards 
     and guidelines may not be delegated. Notice of such 
     disapproval or modification shall be submitted promptly to 
     the Committee on Government Reform and Oversight of the House 
     of Representatives and the Committee on Governmental Affairs 
     of the Senate and 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) 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, if such 
     standards contain, at a minimum, the provisions of those 
     applicable standards made compulsory and binding by the 
     Secretary of Commerce.
       (3) The standards determined 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 the Committee on 
     Government Reform and Oversight of the House of 
     Representatives and the Committee on Governmental Affairs of 
     the Senate and shall be published promptly in the Federal 
     Register.
       (4) As used in this section, the terms ``Federal computer 
     system'' and
      ``operator of a Federal computer system'' have the meanings 
     given in section 20(d) of the National Bureau of Standard 
     Act.
       (b) Exercise of Authority.--The authority conferred upon 
     the Secretary by this section shall be exercised subject to 
     direction by the President and in coordination with the 
     Director of the Office of Management and Budget to ensure 
     fiscal and policy consistency.
       (c) Technical and Conforming Amendment.--Subsections 
     3504(g) (2) and (3), and 3506(g) (2) and (3) to title 44, 
     United States Code, are each amended by inserting the phrase 
     ``and section 161 of the Information Technology Reform Act of 
     1995'' after the phrase ``the Computer Security Act of 1987 
     (P.L. 100-235).


                     Subtitle G--Sense of Congress

     SEC. 4171. SENSE OF CONGRESS.

       It is the sense of Congress over the next five years that 
     executive agencies should achieve at least a real 5 percent 
     per year decrease in the cost incurred by the agency for 
     operating and maintaining information technology, and a real 
     5 percent per year increase in the efficiency of the agency 
     operations, by reason of improvements in information 
     resources management by the agency.

     Title XLII--Process for Acquisitions of Information Technology


                         Subtitle A--Procedures

     SEC. 4201. PROCUREMENT PROCEDURES.

       (a) Responsibility.--The Director of the Office of 
     Management and Budget of the United States shall issue 
     guidance to be used in conducting information technology 
     acquisitions.
       (b) Standards for Procedures.--The Director shall ensure 
     that the process for acquisition of information technology 
     is, in general a simplified, clear, and understandable 
     process that specifically addresses the management of risk.
       (c) Performance Measurements.--The guidance shall include 
     performance measurements and other performance requirements 
     that the Director determines appropriate.
       (d) Use of Commercial Items.--The guidance shall mandate 
     the use, to maximum extent practicable, of commercial items 
     to meet the information technology requirements of the 
     executive agency.
       (e) Differentiated Procedures.--Subject to subsection (b), 
     the Director shall consider whether and, to the extend 
     appropriate, how to differentiate in the treatment and 
     conduct of acquisitions of information technology on any of 
     the following bases:
       (1) The dollar value of the acquisition.
       (2) The information technology to be acquired, including 
     such consideration as whether the item is a commercial item 
     or an item being developed or modified uniquely for use by 
     one or more executive agencies.
       (3) The complexity of the information technology 
     acquisition, including such considerations as size and scope.
       (4) The level of risk, including technical and schedule 
     risks.
       (5) The level of experience or expertise of the critical 
     personnel in the program office, mission unit, or office of 
     the chief information officer of the executive agency 
     concerned.
       (6) the extent to which the information technology may be 
     used government-wide or by several agencies.

     SEC. 4202. INCREMENTAL ACQUISITION OF INFORMATION TECHNOLOGY.

       (a) Civilian Agencies.--
       (1) Procedures Authorized.--Title III of the Federal 
     Property and Administrative Services Act of 1949 (41 U.S.C. 
     251 et seq.) is amended by inserting after section 303H the 
     following new section:

                         ``Modular Contracting

       ``Sec. 303I. (a) In General.--An executive agency's need 
     for a major system of information technology should, to the 
     maximum extent practicable, be satisfied in successive 
     acquisitions of interoperable increments pursuant to 
     subsections (b) and (c). Such increments shall comply with 
     readily available standards such that they can be connected 
     to other increments that comply with such standards.
       ``(b) Division of Acquisitions into Increments.--Under the 
     successive, incremental acquisition process, a major system 
     of information technology may be divided into several smaller 
     acquisition increments that
       ``(1) are easier to manage individually than would be one 
     extensive acquisition;
       ``(2) address complex information technology problems 
     incrementally in order to enhance the likelihood of achieving 
     workable solutions for those problems;
       ``(3) 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
       ``(4) 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.
       ``(c) Timely Acquisitions.--(1) 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, or that 
     increment of the acquisition should be considered for 
     cancellation.
       ``(2) 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.''
       (2) Clerical Amendment.--The table of contents in the first 
     section of such Act is amended by inserting after the item 
     relating to section 303H the following new item:

``Sec. 303I MODULAR CONTRACTING.''.


[[Page S 11466]]

       (b) Department of Defense.--
       (1) Procedures Authorized.--Chapter 137 of title 10, United 
     States Code, is amended by inserting after section 2305 the 
     following new section:

     ``Sec. 2305a. Modular Contracting

       ``(a) In General.--An executive agency's need for a major 
     system of information technology should, to the maximum 
     extent practicable, be satisfied in successive acquisitions 
     of interoperable increments pursuant to subsections (b) and 
     (c). Such increments shall comply with readily available 
     standards such that they can be connected to other increments 
     that comply with such standards.
       ``(b) Division of Acquisitions Into Increments.--Under the 
     successive incremental acquisition process, a major system of 
     information technology may be divided into several ties 
     smaller acquisition increments that--
       ``(1) are easier to manage individually than should be one 
     extensive acquisition;
       ``(2) address complex information technology problems 
     incrementally in order to enhance the likelihood of achieving 
     workable solutions for those problems;
       ``(3) 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
       ``(4) 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.
       ``(c) Timely Acquisitions.--(1) 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, or that 
     increment of the acquisition should be considered for 
     cancellation.
       ``(2) 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.''
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2305 the following:
``2305a. Modular Contracting.''.
     SEC. 4203. TASK AND DELIVERY ORDER CONTRACTS.
       (a) Civilian Agency Acquisitions.--
       `(1) Requirement for multiple awards.--Section 303H(d) of 
     the Federal Property and Administrative Services Act of 1949 
     (41 U.S.C. 253H(d)) is amended by adding at the end the 
     following new paragraph:
       ``(4) In exercising the authority under this section for 
     procurement of information technology, the head of an 
     executive agency shall award at least two task or delivery 
     order contracts for the same or similar information 
     technology services or property unless the agency determines 
     that it is not in the best interests of the United States to 
     award two or more such contracts.''.
       ``(2) Definition.--Section 303K of such Act (41 U.S.C. 
     253k)
      is amended by adding at the end the following new paragraph:
       ``(3) The term `information technology' has the meaning 
     given that term in section 4 of the Information Technology 
     Management Reform Act of 1995.''.
       (b) Armed Services Acquisitions.--
       (1) Requirement for multiple awards.--Section 2304a(d) of 
     title 10, United States Code, is amended by adding at the end 
     the following new paragraph:
       ``(4) In exercising the authority under this section for 
     procurement of information technology, the head of an 
     executive agency shall award at least two task or delivery 
     order contracts for the same or similar information 
     technology services or property unless the agency determines 
     that it is not in the best interests of the United States to 
     award two or more such contracts.''.
       (2) Definition.--Section 2304d of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(3) The term `information technology' has the meaning 
     given that term in section 4 of the Information Technology 
     Management Reform Act of 1995.''.


                   subtitle b--acquisition management

     SEC. 4221. ACQUISITION MANAGEMENT TEAM.

       (a) Capabilities of Agency Personnel.--The head of each 
     executive agency shall ensure that the agency personnel 
     involved in an acquisition of information technology have the 
     experience, and have demonstrated the skills and knowledge, 
     necessary to carry out the acquisition competently.
       (b) use of Outside Acquisition Team.--If the head of the 
     executive agency determines that such personnel are not 
     available for carrying out the acquisition, the head of that 
     agency should consider designating a capable executive agent 
     to carry out the acquisition.

     SEC. 4222. OVERSIGHT OF ACQUISITIONS.

       It is the sense of Congress that the director of the Office 
     of Management and Budget, the heads of executive agencies, 
     and the inspectors general of executive agencies, in 
     performing responsibilities for oversight of information 
     technology acquisitions, should emphasize reviews of the 
     operational justifications for the acquisitions, the results 
     of the acquisition programs, and the performance measurements 
     established for the information technology rather than 
     reviews of the acquisition process.

     Title XLIII--Information Technology Acquisition Pilot Programs


                 subtitle a--conduct of pilot programs

     SEC. 4301. AUTHORIZATION 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
      shall be authorized to conduct pilot programs in order to 
     test alternative approaches for acquisition of information 
     technology and other information resources by executive 
     agencies.
       (2) Multi-agency, 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 two 
     executive agencies designated by the Administrator. The head 
     of each designated executive agency shall, with the approval 
     of the Administrator, select the procuring activities of the 
     agency 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 
     agency.
       (b) Limitations.--
       (1) Number.--Not more than two pilot programs shall be 
     conducted under the authority of this title, including one 
     pilot program each pursuant to the requirements of sections 
     4321 and 4322.
       (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) Involvement of Chief Information Officers Council.--The 
     Administrator may--
       (1) conduct pilot programs recommended by the Chief 
     Information Officicers Council; and
       (2) consult with the Chief Information Officers Council 
     regarding development of pilot programs to be conducted under 
     this section.
       (d) Period of Program.--
       (1) In general.--Subject to paragraph (2), the 
     Administrator shall conduct a pilot program for the period, 
     not in excess of five years, that is determined by the 
     Administrator to be 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. 4302. EVALUATION CRITERIA AND PLANS.

       (a) Measurable Test Criteria.--The head of each executive 
     agency conducting a pilot program under section 4301 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 4301 the Administrator shall submit to the 
     Committee on Governmental Affairs and the Committee on Small 
     Business of the Senate and the Committee on Government Reform 
     and Oversight and the Committee on Shall Business of the 
     House of Representative 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. 4303. REPORT.
       (a) Requirement.--Not later than 180 days after the 
     completion of a pilot program conducted under this title the 
     Administrator shall--
       (1) submit to the Director of the Office of Management and 
     Budget a report on the results and findings under the 
     program; and
       (2) provide a copy of the report to the Committee on 
     Governmental Affairs and the Committee on Small Business of 
     the Senate, and the Committee on Government Reform and 
     Oversight and the Committee on Small Business of the House of 
     Representatives.
       (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. 4304. RECOMMENDED LEGISLATION.

       If the Director of the Office of Management and Budget 
     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 the Committee on Governmental Affairs and the Committee on 
     Small Business of the Senate and the Committee on Government 
     Reform and Oversight and the Committee on Small Business of 
     the House of Representatives.

     SEC. 4305. RULE OF CONSTRUCTION.

       Nothing in this title shall be construed as authorizing the 
     appropriation or obligation of funds for the pilot programs 
     conducted pursuant to this title.
     
[[Page S 11467]]



                  subtitle b--specific pilot programs

     SEC. 4321. SHARE-IN-SAVINGS PILOT PROGRAM.

       (a) Requirement.--The Administrator may authorize 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) Program Contracts.--Up to five contracts for one 
     project each may be entered into under the pilot program.
       (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, from 
     among projects recommended by the
      Chief Information Officers Council.

     SEC. 4322. SOLUTIONS-BASED CONTRACTING PILOT PROGRAM

       (a) In General.--The Administrator may authorize agencies 
     to carry out a pilot program to test the feasibility of the 
     use of solutions-based contracting for acquisition of 
     information technology.
       (b) Solutions-Based Contracting Defined.--For purposes of 
     this section, solutions-based contracting is an acquisition 
     method under which the Federal Government user of the 
     technology to be acquired defines the acquisition objectives, 
     uses a streamlined contractor selection process, and allows 
     industry sources to provide solutions that attain the 
     objectives effectively. the emphasis of the method is on 
     obtaining from industry an optimal solution.
       (c) Process.--The Administrator shall require use of the 
     following process 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 improvement results 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 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 in the specific mission or administrative 
     area to be supported by the information technology to be 
     acquired, a contracting officer, and persons with relevant 
     expertise.
       (4) Use of source selection factors emphasizing source 
     qualifications.--Use of source selection factors that are 
     limited to determining 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 to be attained in the acquisition, past 
     contract performance, qualifications of the proposed program 
     manager, and the proposed management plan.
       (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 simple solicitation that
        sets forth only the functional work description, source 
     selection factors, 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 proposals and 
     acceptance of written supplemental submissions that are 
     limited in size and scope and contain information on the 
     offeror's qualifications to perform the desired work together 
     with information of past contract performance.
       (8) Simple evaluation.--Use of a simple evaluation process, 
     to be completed within 45 days after receipt of proposals, 
     which consists of the following:
       (A) Identification of the offerors that are within the 
     competitive range of most of the qualified offerors.
       (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 the qualifications of the 
     offerors, including the qualifications of each offeror relate 
     to the approaches proposed to be taken by the offeror in the 
     acquisition.
       (C) Evaluation of the qualifications of the identified 
     offerors 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, but taking 
     into consideration supplemental written submissions.
       (B) Conduct for 30 to 60 days of a program definition 
     phase, funded 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 the 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 60 to 90 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 the pilot program. The 
     establishment and operation of this working group shall not 
     be subject to the requirements of the Federal Advisory 
     Committee Act, Public Law 92-463, as amended (5 U.S.C. App.)
       (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)--
       (i) 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
       (ii) the project shall incorporate all elements of system 
     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) Use of Experienced Federal Personnel.--Only Federal 
     Government personnel who are experienced, and have 
     demonstrated success, in managing or otherwise performing 
     significant functions in complex acquisitions shall be used 
     for evaluating offers, selecting sources, and carrying out 
     the performance phases in an acquisition under the pilot 
     program.
       (f) Monitoring by GAO.--
       (1) Requirement.--The Comptroller General of the United 
     States shall--
       (A) monitor the conduct, and review the results, of 
     acquisitions under the pilot program; and
       (B) submit to Congress periodic reports containing the 
     views of the Comptroller General on the activities, results, 
     and findings under the pilot program.
       (2) Expiration of requirement.--The requirement under 
     paragraph (1)(B) shall terminate after submission of the 
     report that contains the final views of the Comptroller 
     General on the last of the acquisition projects completed 
     under the pilot program.
       Title XLIV--Other Information Resources Management Reform

     SEC. 4401. ON-LINE MULTIPLE AWARD SCHEDULE CONTRACTING.

       (a) Automation of Multiple Award Schedule Contracting.--(1) 
     In order to provide for the economic and efficient 
     procurement of information technology, the Administrator of 
     General Services shall establish a program for the 
     development and implementation of a system to provide 
     Governmentwide, on-line computer access to information on 
     information technology products and services that are 
     available for ordering through multiple award schedules.

[[Page S 11468]]

       (2) The system required by paragraph (1) shall, at a 
     minimum--
       (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) enables users to make on-line computer comparisons of 
     the prices, features, and performance of similar products and 
     services offered by various vendors;
       (D) enable users to place, and vendors to receive, on-line 
     computer orders for products and services available for 
     ordering through the multiple award schedules (up to the 
     maximum order limitation of the applicable schedule 
     contract);
       (E) enable ordering agencies to make payments to 
     contractors by bank card, electronic funds transfer, or other 
     automated methods in cases in which it is practicable and in 
     the interest of the Federal Government to do so; and
       (F) archive data relating to each order placed against 
     multiple award schedule contracts using such system, 
     including, at a minimum, data on--
       (i) the agency or office placing the order;
       (ii) the vendor receiving the order;
       (iii) the products or services ordered; and
       (iv) the total price of the order.
       (3)(A) The system required by paragraph (1) shall be 
     implemented not later than January 1, 1998.
       (B) The Administrator shall certify to Congress that the 
     system required by paragraph (1) has been implemented at such 
     time as a system meeting the requirements of paragraph (2) is 
     in place and accessible by at least 90 percent of the 
     potential users in the departments and agencies of the 
     Federal Government.
       (4) Orders placed against multiple award schedule contracts 
     through the system required by paragraph (1) may be 
     considered for purposes of the determinations regarding 
     implementation of the capability described under subsection 
     (b) of section 30A of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 426a) and implementation of such 
     capability under subsection (d) of such section.
       (b) Streamlined Procedures; Pilot Program.--(1)(A) In order 
     to provide for compliance with provisions of law requiring 
     the use of competitive procedures in Federal Government 
     procurement, the procedures established by the Administrator 
     of General Services for the program referred to in subsection 
     (a) shall include requirements for--
       (i) participation in multiple award schedule contracts to 
     be open to all responsible and responsive sources; and
       (ii) orders to be placed using a process which results in 
     the lowest overall cost alternative to meet the needs of the 
     Government, except in a case in which a written determination 
     is made (in accordance with such procedures) that a different 
     alternative would provide a substantially better overall 
     value to the Government.
       (B) The Administrator may require offerors to agree to 
     accept orders electronically through the electronic exchange 
     of procurement information in order to be eligible for award 
     of a multiple award schedule contract.
       (C) Regulations on the acquisition of commercial items 
     issued pursuant to section 8002 of the Federal Acquisition 
     Streamlining Act of 1994 (Public Law 103-355; 108 Stat. 3386; 
     41 U.S.C. 264 note) shall apply to multiple award schedule 
     contracts.
       (2) Within 90 days after the Administrator makes the 
     certification referred to in subsection (a)(3)(B), the 
     Administrator shall 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. The Administrator shall 
     provide for the pilot program to be applicable to all 
     multiple award schedule contracts for the purchase of 
     information technology and to 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 and 
     responsive offeror that--
       (i) has a suitable record of past performance on Federal 
     Government contracts, including 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 and to accept 
     orders electronically through the automated system 
     established pursuant to subsection (a).
       (3)(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 Committee on Governmental Affairs and the Committee on 
     Small Business of the Senate and the Committee on Government 
     Reform and Oversight and the Committee on Small Business of 
     the House of Representatives on the results of the pilot 
     program.
       (B) The report shall include the following:
       (i) An evaluation of the extent of the competition for the 
     orders placed under the pilot program.
       (ii) The effect of the pilot program on prices charged 
     under multiple award schedule contracts.
       (iii) The effect of the pilot program 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) Unless reauthorized by Congress, 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 enter new contracts under the pilot program.
       (c) Definitions.--In this section--
       (1) The term ``information technology'' has the meaning 
     given that term in section 4 of this Act.
       (2) The term ``commercial item'' has the meaning given the 
     term in section 4(12) of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403(12)).
       (3) The term ``competitive procedures'' has the meaning 
     given the term in section 309(b) of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 259(b)).

     SEC. 4402 DISPOSAL OF EXCESS COMPUTER EQUIPMENT.

       (A) Authority To Donate.--The head of an executive agency 
     may, without regard to the procedures otherwise applicable 
     under title II of the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 481 et seq.), convey without 
     consideration all right, title, and interest of the United 
     States in any computer equipment under the control of such 
     official that is determined under title II of such Act as 
     being excess property to a recipient in the following order 
     of priority:
       (1) Elementary and secondary schools under the jurisdiction 
     of a local educational agency and schools funded by the 
     Bureau of Indian Affairs.
       (2) Public libraries.
       (3) Public colleges and universities
       (b) Inventory Required.--Upon the enactment of this Act, 
     the head of an executive agency shall inventory all computer 
     equipment under the control of that official and identify in 
     accordance with title II of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) 
     the equipment, if any, that is excess property.
       (c) Definition.--In this section:
       (1) The term ``excess property'' has the meaning given such 
     term in section 3 of the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 472).
       (2) The terms ``local educational agency'', ``elementary 
     school'', and ``secondary school'' have the meanings given 
     such terms in section 14101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8801).

     SEC. 4403 LEASING INFORMATION TECHNOLOGY.

       (A) Analysis by GAO.--The Comptroller General of the United 
     States shall perform a comparative analysis of alternative 
     means of financing the acquisition of information technology. 
     The analysis should
       (1) investigate the full range of alternative financing 
     mechanisms, to include leasing, purchasing and rentals of new 
     and used equipment; and
       (2) assess the relative costs, benefits and risks of 
     alternative financing options for the federal government.
       (b) Leasing Guidelines.--Based on the analysis, the 
     Comptroller General shall develop recommended guidelines for 
     financing information technology for executive agencies.

  Title XLV--Procurement Protest Authority of the Comptroller General

     SEC. 4501. PERIOD FOR PROCESSING PROTESTS.

       Section 3554(a) of title 31, United States Code, is 
     amended--
       (1) in paragraph (1), by striking out ``paragraph (2)'' in
        the second sentence and inserting in lieu thereof 
     ``paragraphs (2) and (5)''; and
       (2) by adding at the end the following:
       ``(5)(A) The requirements and restrictions set forth in 
     this paragraph apply in the case of a protest in a 
     procurement of information technology.
       ``(B) The Comptroller General shall issue a final decision 
     concerning a protest referred to in subparagraph (A) within 
     45 days after the date of the protest is submitted to the 
     Comptroller General.
       ``(C) The disposition under this subchapter of a protest in 
     a procurement referred to in subparagraph (A) bars any 
     further protest under this subchapter by the same interested 
     party on the same procurement.''.

     SEC. 4502. DEFINITION.

       Section 3551 of title 31, United States Code, is amended by 
     adding at the end the following:
       ``(4) The term `information technology' has the meaning 
     given that term in section 4 of the Information Technology 
     Management Reform Act of 1995.''.

     SEC. 4503. EXCLUSIVITY OF ADMINISTRATIVE REMEDIES.

       Section 3556 of title 31, United States Code, is amended by 
     striking out the first sentence and inserting in lieu thereof 
     the following:
       ``Notwithstanding any other provision of law, the 
     Comptroller General shall have the 

[[Page S 11469]]
     exclusive administrative authority to resolve a protest involving the 
     solicitation, a proposal for award, or an award of a contract 
     for information technology, to the exclusion of the boards of 
     contract appeals or any other entity. Nothing contained in 
     the subchapter shall affect the right of any interested party 
     to file a protest with the contracting agency or to file an 
     action in a district court of the United States of the United 
     States Court of Federal Claims.''.

 Title XLVI--Related Terminations, Conforming Amendments, and Clerical 
                               Amendments


                   subtitle a--conforming amendments

     SEC. 4601. AMENDMENTS TO TITLE 10, UNITED STATES CODE.

       Sensitive Defense Activities.--For the Department of 
     Defense Section 2315 of such title is amended by striking out 
     from the words ``Section 111'' through the words ``use of 
     equipment or services if,'' and substituting therein the 
     following:

     ``For the purpose 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. 4602. AMENDMENTS TO TITLE 28, UNITED STATES CODE.

       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 (1); and
       (4) by redesignating subsection (m) as subsection (1).

     SEC. 4803. AMENDMENTS TO TITLE 31, UNITED STATES CODE.

       (a) Availability of Funds Following Resolution of a 
     Protest.--Section 1558(b) of title 31, United States Code, is 
     amended by striking out ``or under section 111(f) of the 
     Federal Property and Administrative Services Act of 1949 (40 
     U.S.C. 759(f)''.
       (b) GAO Procurement Protest System.--Section 3552 of such 
     title is amended by striking out the second sentence.

     SEC. 4804. AMENDMENTS TO TITLE 38, UNITED STATES CODE.

       Section 301 of title 38, United States Code, is amended to 
     read as follows:

     ``SEC. 310. CHIEF INFORMATION OFFICER.

       ``(a) The Secretary shall designate a chief information 
     officer for the Department in accordance with section 4135(a) 
     of the Information Technology Management Reform Act of 1995.
       ``(b) The chief information officer shall perform the 
     duties provided for chief information officers of executive 
     agencies under the Information Technology Management Reform 
     Act of 1995.''.

     SEC. 4805. 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 4004 of the Information Technology 
     Management Reform Act of 1995;''.
       (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 
     ``paragraphs (2) and (3) of section 20(a) of the National 
     Institute of Standards and Technology Act (15 U.S.C. 278g-
     3(a))''.
       (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)''.
     SEC. 4806. 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. 4818. OTHER LAWS.

       (a) Computer Security Act of 1987.--(1) 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))''; and (2) Nothing in the 
     Information Technology Management Reform Act shall affect the 
     limitations on the authorities set forth in P.L. 100-235.
       (b) 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.
       (c) National Security Act of 1947.--Section 3 of the 
     National Security Act of 1947 (50 U.S.C. 403c) is amended by 
     striking out subsection (e).

     SEC. 4919. ACCESS OF CERTAIN INFORMATION IN INFORMATION 
                   SYSTEMS TO THE DIRECTORY AND SYSTEM OF ACCESS 
                   ESTABLISHED UNDER SECTION 4101 OF TITLE 44, 
                   UNITED STATES CODE.

       Notwithstanding any other provision of this division, if in 
     designing an information technology system pursuant to this 
     division, the agency determines that a purpose of the system 
     is to disseminate information to the public, then the head of 
     such agency shall ensure that information so disseminated is 
     included in the directory created pursuant to Section 4101 of 
     Title 44, United States Code. Nothing in this section shall 
     authorize the dissemination of information to the public 
     unless otherwise authorized.

     SEC. 4820. RULE OF CONSTRUCTION RELATING TO THE PROVISIONS OF 
                   TITLE 44, UNITED STATES CODE.

       Nothing in this division shall be construed to amend, 
     modify or supercede any provision of Title 44, United States 
     Code, other than Chapter 35 of Title 44, United States Code.


                    subtitle b--clerical amendments

     SEC. 4821. AMENDMENTS TO 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 XLIX--Savings Provisions

     SEC. 4901. SAVINGS PROVISION.

       (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 Administration 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 
     title, shall continue in effect according to their terms 
     until modified, terminated, superseded, set aside, or revoked 
     in accordance with law by the Director of the Office of 
     Management and Budget, any other authorized official, by a 
     court of competent jurisdiction, or by operation of law.
       (b) Proceedings and Applications.--
       (1) Transfers of functions not to affect proceedings.--This 
     Act and the amendments made by this Act shall not affect any 
     proceeding, including any proceeding involving a claim or 
     application, 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 Administration Board of Contract Appeals on 
     the effective date of this Act.
       (2) Orders in proceedings.--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 Act had not 
     been enacted. An order issued in any such proceeding shall 
     continue in effect until modified, terminated, superseded, or 
     revoked by the Director of the Office of Management and 
     Budget, 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) Regulations for transfer of proceedings.--The Director 
     of the Office of Management and Budget may prescribe 
     regulations providing for the orderly transfer of proceedings 
     continued under paragraph (1).

                        Title L--Effective Dates

     SEC. 5101. EFFECTIVE DATES.

       This Act and the amendments made by this Act shall take 
     effect 180 days after the date of the enactment of this Act.
                                 ______


                  KOHL (AND OTHERS) AMENDMENT NO. 2119

  Mr. KOHL (for himself, Mr. Grassley, Mr. Bingaman, Mr. Brown, Mr. 
Feingold, Mr. Bumpers, Mr. Bradley, Mr. Harkin, Mrs. Boxer, and Mr. 
Wellstone) proposed an amendment to the bill S. 1026, supra; as 
follows:

       On page 16, between lines 8 and 9, insert the following:

     SEC. 4. GENERAL LIMITATION.

       Notwithstanding any other provision of this Act, the total 
     amount authorized to be appropriated for fiscal year 1996 
     under the provisions of this Act is $257,700,000,000.

                          ____________________