[House Report 107-419]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-419

======================================================================



 
 PROVIDING FOR CONSIDERATION OF H.R. 3231, BARBARA JORDAN IMMIGRATION 
                 REFORM AND ACCOUNTABILITY ACT OF 2002

                                _______
                                

   April 24, 2002.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Linder, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 396]

    The Committee on Rules, having had under consideration 
House Resolution 396, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of H.R. 3231, 
the Barbara Jordan Immigration Reform and Accountability Act of 
2002, under a structured rule. The rule provides one hour of 
debate equally divided and controlled by the chairman and 
ranking minority member of the Committee on the Judiciary. The 
rule waives all points of order against consideration of the 
bill.
    The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on the Judiciary now 
printed in the bill shall be considered as an original bill for 
the purpose of amendment and shall be considered as read. The 
rule waives all points of order against the bill, as amended.
    The rule makes in order only those amendments printed in 
this report. The rule provides that the amendments printed in 
this report shall be considered only in the order printed, may 
be offered by a Member designated, shall be considered as read, 
shall be debatable for the time specified equally divided and 
controlled by the proponent and an opponent, shall not be 
subject to amendment, and shall not be subject to a demand for 
division of the question in the House or in the Committee of 
the Whole. The rule waives all points of order against the 
amendments printed in this report.
    Finally, the rule provides one motion to recommit with or 
without instructions.
    The waiver of all points of order against consideration of 
the bill includes a waiver of section 303 of the Congressional 
Budget Act (prohibiting new spending or changes in revenue 
until a concurrent resolution on the budget has been adopted), 
because there is a reduction in offsetting receipts for fiscal 
year 2003. The waiver of all points of order against the 
committee amendment in the nature of a substitute includes a 
waiver of clause 4 of rule XXI (prohibiting appropriations on a 
legislative bill), because unexpended balances are transferred 
from the old entity (the Immigration and Naturalization 
Service) to the new entity (the Agency for Immigration 
Affairs).

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 76

    Date: April 24, 2002.
    Measure: H.R. 3231.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order the amendment offered 
by Mr. Hastings of Florida, which adjusts the immigration 
status of certain eligible Haitian aliens by granting them 
permanent resident status in the U.S. and includes provisions 
for permanent resident status when the alien is the spouse or 
child of an alien lawfully admitted as a permanent resident.
    Results: Defeated 2 to 7.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Yea; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Hastings (FL)--Yea; Dreier--Nay.

           SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE

    Sensenbrenner--Manager's Amendment. Permits the Attorney 
General to ``buy out'' certain employees to help carry out the 
strategic restructuring plan. Permits the Attorney General to 
conduct a demonstration project for five years for the purpose 
of changing policies or procedures regarding methods for 
disciplining employees that would result in improved personnel 
management including discipline for both employee malfeasance 
and nonfeasance. Requires the directors of the two immigration 
bureaus to design and implement a managerial rotation program 
so that managers have experience in all the major functions of 
their respective bureau and have worked in a field office and 
service center or border patrol sector. Strikes section 11(e) 
of the bill. (10 minutes)
    Baldwin/Jackson-Lee/Hostettler--Requires that the Office of 
Children's Affairs, within the Office of Immigration Affairs, 
develop a plan, to be brought before Congress on how to ensure 
that unaccompanied alien children are appointed independent 
legal counsel, consistent with current law. (20 minutes)
    Jackson-Lee--Requires the General Accounting Office to 
conduct a study that examines whether the Bureau of Immigration 
Services can sustain itself as an agency if it operates with 
funds derived from fees, and if there is no authorized 
appropriations language included in the bill. (20 minutes)
    Roybal-Allard--Requires the Office of Immigration 
Statistics to maintain statistics on denials of applications 
and petitions, and the reasons for those denials. (20 minutes)
    Velazquez--Authorizes the Director of the Bureau of 
Citizenship and Immigration Services to implement innovative 
pilot initiatives to eliminate the immigration application 
backlog and prevent the backlog from recurring. Encourage 
initiatives, such as, increasing or transferring personnel to 
areas with the greatest backlog, streamlining regulations and 
paperwork, and providing incentives for efficient and high 
quality work. (20 minutes)
    Issa--Requires that all employees at the new Office of the 
Associate Attorney General for Immigration Affairs and the two 
new bureaus (Bureau of Citizenship and Immigration Services and 
the Bureau of Immigration Enforcement) be considered ``excepted 
service'' or at-will employees. (20 minutes)
    Lofgren/Cannon--Allows for expedited and simplified 
procurement of products or services. Provides that this 
authority lasts until 2004 and a report is required not later 
than one year after the end of FY2004 concerning the use of 
these authorities. (20 minutes)

            TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE

   1. An Amendment To Be Offered by Representative Sensenbrenner of 
           Wisconsin, or a Designee, Debatable for 10 Minutes

  Page 2, after the item relating to section 10, insert the 
following (and redesignate succeeding items accordingly):

``Sec. 11. Voluntary separation incentive payments.
``Sec. 12. Authority to conduct a demonstration project relating to 
          disciplinary action.

  Page 15, line 15, strike ``15(a)'' and insert ``17(a)''.
  Page 17, line 9, strike ``15(a)'' and insert ``17(a)''.
  Page 18, line 1, strike ``15(a)'' and insert ``17(a)''.
  Page 20, after line 21, insert the following:
          (5) Managerial rotation program.--
                  (A) In general.--Not later than 1 year after 
                the effective date specified in section 18(a), 
                the Director of the Bureau of Citizenship and 
                Immigration Services shall design and implement 
                a managerial rotation program under which 
                employees of such bureau holding positions 
                involving supervisory or managerial 
                responsibility and classified, in accordance 
                with chapter 51 of title 5, United States Code, 
                as a GS-14 or above, shall, as a condition on 
                further promotion--
                          (i) gain some experience in all the 
                        major functions performed by such 
                        bureau; and
                          (ii) work in at least one field 
                        office and one service center of such 
                        bureau.
                  (B) Report.--Not later than 2 years after the 
                effective date specified in section 17(a), the 
                Attorney General shall submit a report to the 
                Congress on the implementation of such program.
  Page 21, line 4, strike ``15(a)'' and insert ``17(a)''.
  Page 21, line 13, strike ``15(a)'' and insert ``17(a)''.
  Page 25, line 20, strike ``15(a)'' and insert ``17(a)''.
  Page 32, after line 20, insert the following:
          (4) Managerial rotation program.--
                  (A) In general.--Not later than 1 year after 
                the effective date specified in section 17(a), 
                the Director of the Bureau of Immigration 
                Enforcement shall design and implement a 
                managerial rotation program under which 
                employees of such bureau holding positions 
                involving supervisory or managerial 
                responsibility and classified, in accordance 
                with chapter 51 of title 5, United States Code, 
                as a GS-14 or above, shall, as a condition on 
                further promotion--
                          (i) gain some experience in all the 
                        major functions performed by such 
                        bureau; and
                          (ii) work in at least one field 
                        office and one border patrol sector of 
                        such bureau.
                  (B) Report.--Not later than 2 years after the 
                effective date specified in section 17(a), the 
                Attorney General shall submit a report to the 
                Congress on the implementation of such program.
  Page 33, line 3, strike ``15(a)'' and insert ``17(a)''.
  Page 37, line 3, strike ``15(a)'' and insert ``17(a)''.
  Page 38, line 14, strike ``15(a)'' and insert ``17(a)''.
  Page 39, line 16, strike ``15(a)'' and insert ``17(a)''.
  Page 40, line 18, strike ``15(a)'' and insert ``17(a)''.
  Page 42, line 16, strike ``15(a)'' and insert ``17(a)''.
  Page 43, line 6, strike ``15(a)'' and insert ``17(a)''.
  Page 45, line 7, strike ``15(a)'' and insert ``17(a)''.
  Page 47, after line 9, insert the following:

SEC. 11. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

  (a) Definitions.--For purposes of this section--
          (1) the term ``employee'' means an employee (as 
        defined by section 2105 of title 5, United States Code) 
        who--
                  (A) has completed at least 3 years of current 
                continuous service with 1 or more covered 
                entities; and
                  (B) is serving under an appointment without 
                time limitation;
        but does not include any person under subparagraphs 
        (A)-(G) of section 663(a)(2) of Public Law 104-208 (5 
        U.S.C. 5597 note);
          (2) the term ``covered entity'' means--
                  (A) the Immigration and Naturalization 
                Service;
                  (B) the Office of Immigration Litigation of 
                the Civil Division;
                  (C) the Office of the Associate Attorney 
                General for Immigration Affairs;
                  (D) the Bureau of Immigration Enforcement; 
                and
                  (E) the Bureau of Citizenship and Immigration 
                Services; and
          (3) the term ``transfer date'' means the date on 
        which the transfer of functions specified under this 
        Act takes effect.
  (b) Strategic Restructuring Plan.--Before obligating any 
resources for voluntary separation incentive payments under 
this section, the Attorney General shall submit to the 
appropriate committees of Congress a strategic restructuring 
plan, which shall include--
          (1) an organizational chart depicting the covered 
        entities after their restructuring pursuant to this 
        Act;
          (2) a summary description of how the authority under 
        this section will be used to help carry out that 
        restructuring; and
          (3) the information specified in section 663(b)(2) of 
        Public Law 104-208 (5 U.S.C. 5597 note).
As used in the preceding sentence, the ``appropriate committees 
of Congress'' are the Committees on Appropriations, Government 
Reform, and the Judiciary of the House of Representatives, and 
the Committees on Appropriations, Governmental Affairs, and the 
Judiciary of the Senate.
  (c) Authority.--The Attorney General may, to the extent 
necessary to help carry out the strategic restructuring plan 
described in subsection (b), make voluntary separation 
incentive payments to employees. Any such payment--
          (1) shall be paid to the employee, in a lump sum, 
        after the employee has separated from service;
          (2) shall be paid from appropriations or funds 
        available for the payment of basic pay of the employee;
          (3) shall be equal to the lesser of--
                  (A) the amount the employee would be entitled 
                to receive under section 5595(c) of title 5, 
                United States Code; or
                  (B) an amount not to exceed $25,000, as 
                determined by the Attorney General;
          (4) may not be made except in the case of any 
        qualifying employee who voluntarily separates (whether 
        by retirement or resignation) before the end of--
                  (A) the 3-month period beginning on the date 
                on which such payment is offered or made 
                available to such employee; or
                  (B) the 3-year period beginning on the date 
                of the enactment of this Act,
        whichever occurs first;
          (5) shall not be a basis for payment, and shall not 
        be included in the computation, of any other type of 
        Government benefit; and
          (6) shall not be taken into account in determining 
        the amount of any severance pay to which the employee 
        may be entitled under section 5595 of title 5, United 
        States Code, based on any other separation.
  (d) Additional Agency Contributions to the Retirement Fund.--
          (1) In general.--In addition to any payments which it 
        is otherwise required to make, the Department of 
        Justice shall, for each fiscal year with respect to 
        which it makes any voluntary separation incentive 
        payments under this section, remit to the Office of 
        Personnel Management for deposit in the Treasury of the 
        United States to the credit of the Civil Service 
        Retirement and Disability Fund the amount required 
        under paragraph (2).
          (2) Amount required.--The amount required under this 
        paragraph shall, for any fiscal year, be the amount 
        under subparagraph (A) or (B), whichever is greater.
                  (A) First method.--The amount under this 
                subparagraph shall, for any fiscal year, be 
                equal to the minimum amount necessary to offset 
                the additional costs to the retirement systems 
                under title 5, United States Code (payable out 
                of the Civil Service Retirement and Disability 
                Fund) resulting from the voluntary separation 
                of the employees described in paragraph (3), as 
                determined under regulations of the Office of 
                Personnel Management.
                  (B) Second method.--The amount under this 
                subparagraph shall, for any fiscal year, be 
                equal to 45 percent of the sum total of the 
                final basic pay of the employees described in 
                paragraph (3).
          (3) Computations to be based on separations occurring 
        in the fiscal year involved.--The employees described 
        in this paragraph are those employees who receive a 
        voluntary separation incentive payment under this 
        section based on their separating from service during 
        the fiscal year with respect to which the payment under 
        this subsection relates.
          (4) Final basic pay defined.--In this subsection, the 
        term ``final basic pay'' means, with respect to an 
        employee, the total amount of basic pay which would be 
        payable for a year of service by such employee, 
        computed using the employee's final rate of basic pay, 
        and, if last serving on other than a full-time basis, 
        with appropriate adjustment therefor.
  (e) Effect of Subsequent Employment with the Government.--An 
individual who receives a voluntary separation incentive 
payment under this section and who, within 5 years after the 
date of the separation on which the payment is based, accepts 
any compensated employment with the Government or works for any 
agency of the Government through a personal services contract, 
shall be required to pay, prior to the individual's first day 
of employment, the entire amount of the incentive payment. Such 
payment shall be made to the covered entity from which the 
individual separated or, if made on or after the transfer date, 
to the Associate Attorney General for Immigration Affairs (for 
transfer to the appropriate component of the Department of 
Justice, if necessary).
  (f) Effect on Employment Levels.--
          (1) Intended effect.--Voluntary separations under 
        this section are not intended to necessarily reduce the 
        total number of full-time equivalent positions in any 
        covered entity.
          (2) Use of voluntary separations.--A covered entity 
        may redeploy or use the full-time equivalent positions 
        vacated by voluntary separations under this section to 
        make other positions available to more critical 
        locations or more critical occupations.

SEC. 12. AUTHORITY TO CONDUCT A DEMONSTRATION PROJECT RELATING TO 
                    DISCIPLINARY ACTION.

  (a) In General.--The Attorney General may, during a period 
ending not later than 5 years after the date of the enactment 
of this Act, conduct a demonstration project for the purpose of 
determining whether one or more changes in the policies or 
procedures relating to methods for disciplining employees would 
result in improved personnel management.
  (b) Scope.--The demonstration project--
          (1) may not cover any employees apart from those 
        employed in or under a covered entity; and
          (2) shall not be limited by any provision of chapter 
        43, 75, or 77 of title 5, United States Code.
  (c) Procedures.--Under the demonstration project--
          (1) the use of alternative means of dispute 
        resolution (as defined in section 571 of title 5, 
        United States Code) shall be encouraged, whenever 
        appropriate; and
          (2) each covered entity shall be required to provide 
        for the expeditious, fair, and independent review of 
        any action to which section 4303 or subchapter II of 
        chapter 75 of such title 5 would otherwise apply 
        (except an action described in section 7512(5) 
        thereof).
  (d) Actions Involving Discrimination.--Notwithstanding any 
other provision of this section, if, in the case of any matter 
described in section 7702(a)(1)(B) of title 5, United States 
Code, there is no judicially reviewable action under the 
demonstration project within 120 days after the filing of an 
appeal or other formal request for review (referred to in 
subsection (c)(2)), an employee shall be entitled to file a 
civil action to the same extent and in the same manner as 
provided in section 7702(e)(1) of such title 5 (in the matter 
following subparagraph (C) thereof).
  (e) Certain Employees.--Employees shall not be included 
within any project under this section if such employees are--
          (1) neither managers nor supervisors; and
          (2) within a unit with respect to which a labor 
        organization is accorded exclusive recognition under 
        chapter 71 of title 5, United States Code.
Notwithstanding the preceding sentence, an aggrieved employee 
within a unit (referred to in paragraph (2)) may elect to 
participate in a complaint procedure developed under the 
demonstration project in lieu of any negotiated grievance 
procedure and any statutory procedure (as such term is used in 
section 7121 of such title 5).
  (f) Reports.--The General Accounting Office shall prepare and 
submit to the Committees on Government Reform and the Judiciary 
of the House of Representatives and the Committees on 
Governmental Affairs and the Judiciary of the Senate periodic 
reports on any demonstration project conducted under this 
section, such reports to be submitted after the second and 
fourth years of its operation. Upon request, the Attorney 
General shall furnish such information as the General 
Accounting Office may require to carry out this subsection.
  (g) Definitions.--In this section--
          (1) the term ``Attorney General'' means the Attorney 
        General or his designee; and
          (2) the term ``covered entity'' has the meaning given 
        such term in section 11(a)(2).
  Page 47, line 10, strike ``11'' and insert ``13''.
  Page 48, line 21, strike ``15(a)'' and insert ``17(a)''.
  Page 51, strike lines 16 through 20.
  Page 51, line 21, strike ``12'' and insert ``14''.
  Page 53, line 24, strike ``11(b)'' and insert ``13(b)''.
  Page 57, line 1, strike ``15(a)'' and insert ``17(a)''.
  Page 57, line 23, strike ``15(a)'' and insert ``17(a)''.
  Page 58, line 18, strike ``15(a)'' and insert ``17(a)''.
  Page 60, line 15, strike ``15(a)'' and insert ``17(a)''.
  Page 60, line 20, strike ``13'' and insert ``15''.
  Page 62, line 22, strike ``14'' and insert ``16''.
  Page 63, line 7, strike ``15'' and insert ``17''.
  Page 64, line 13, strike ``16'' and insert ``18''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Baldwin of Wisconsin, 
or Representative Jackson-Lee of Texas, or Representative Hostettler of 
            Indiana, or a Designee, Debatable for 20 Minutes

    Page 11, line 14, insert before the semicolon at the end 
the following: ``, including developing a plan to be submitted 
to the Congress on how to ensure that qualified and independent 
legal counsel is timely appointed to represent the interests of 
each such child, consistent with the law regarding appointment 
of counsel that is in effect on the date of the enactment of 
this Act''.
                              ----------                              


 3. An Amendment To Be Offered by Representative Jackson-Lee of Texas, 
                or a Designee, Debatable for 20 Minutes

    Page 59, after line 22, insert the following:
    (3) Report on fees.--Not later than 90 days after the date 
of the enactment of this Act, the Comptroller General of the 
United States shall submit to the Committees on the Judiciary 
of the House of Representatives and of the Senate a report 
examining whether the Bureau of Citizenship and Immigration 
Services is likely to derive sufficient funds from fees to 
carry out its functions in the absence of appropriated funds.
                              ----------                              


   4. An Amendment To Be Offered by Representative Roybal-Allard of 
          California, or a Designee, Debatable for 20 Minutes

    Page 38, line 16, insert the following before the period: 
``, including region-by-region statistics on the aggregate 
number of applications and petitions filed by an alien (or 
filed on behalf of an alien) and denied by such offices and 
bureaus, and the reasons for such denials, disaggregated by 
category of denial and application or petition type''.
                              ----------                              


5. An Amendment To Be Offered by Representative Velazquez of New York, 
                or a Designee, Debatable for 20 Minutes

  Page 20, after line 21, insert the following:
          (5) Pilot initiatives for backlog elimination.--The 
        Director of the Bureau of Citizenship and Immigration 
        Services is authorized to implement innovative pilot 
        initiatives to eliminate any remaining backlog in the 
        processing of immigration benefit applications, and to 
        prevent any backlog in the processing of such 
        applications from recurring, in accordance with section 
        204(a) of the Immigration Services and Infrastructure 
        Improvements Act of 2000 (8 U.S.C. 1573(a)). Such 
        initiatives may include measures such as increasing 
        personnel, transferring personnel to focus on areas 
        with the largest potential for backlog, and 
        streamlining paperwork.
  Page 51, strike lines 16 through 20 and insert the following:
  (e) Backlog Elimination.--Section 204(a) of the Immigration 
Services and Infrastructure Improvements Act of 2000 (8 U.S.C. 
1573(a)) is amended by striking ``October 17, 2000;'' and 
inserting ``the effective date specified in section 15(a) of 
the Barbara Jordan Immigration Reform and Accountability Act of 
2002;''.
                              ----------                              


6. An Amendment To Be Offered by Representative Issa of California, or 
                  a Designee, Debatable for 20 Minutes

  Page 45, after line 7, insert the following (and redesignate 
provisions accordingly):
  (b) Additional Personnel Matters.--
          (1) Positions in excepted service.--All positions in 
        the Office of the Associate Attorney General for 
        Immigration Affairs, the Bureau of Citizenship and 
        Immigration Services, and the Bureau of Immigration 
        Enforcement are positions in the excepted service, as 
        defined by section 2103 of title 5, United States Code.
          (2) Eliminating restrictions on certain disciplinary 
        and other adverse actions taken against employees.--
        Section 7511(b)(8) of title 5, United States Code, is 
        amended by inserting ``the Office of the Associate 
        Attorney General for Immigration Affairs, the Bureau of 
        Citizenship and Immigration Services, the Bureau of 
        Immigration Enforcement,'' after ``the Federal Bureau 
        of Investigation,''.
                              ----------                              


7. An Amendment To Be Offered by Representative Lofgren of California, 
   or Representative Cannon of Utah, or a Designee, Debatable for 20 
                                Minutes

  Page 62, after line 21, insert the following:

SEC. 13A. PROCUREMENTS OF INFORMATION TECHNOLOGY TO IMPROVE PERFORMANCE 
                    OR EFFICIENCY.

  (a) In General.--The authorities provided in this section 
apply to any procurement of information technology products or 
services, including the management of information technology 
improvement programs, necessary to improve the performance or 
efficiency of the Immigration and Naturalization Service, the 
Office of the Associate Attorney General for Immigration 
Affairs, the Bureau of Citizenship and Immigration Services, 
and the Bureau of Immigration Enforcement. Such procurements of 
information technology products or services may include those 
necessary to improve the ability of the entities referred to in 
the preceding sentence to share information with other public 
agencies and law enforcement authorities authorized to receive 
such information.
  (b) Simplified Procedures for the Procurement of Information 
Technology.--
          (1) Deeming products and services as commercial 
        items.--Any product or service procured by the Attorney 
        General as described in subsection (a) may be deemed to 
        be a commercial item (as defined in section 4(12) of 
        the Office of Federal Procurement Act (41 U.S.C. 403)) 
        for purposes of sections 31 and 34 of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 427, 430) and 
        section 303(g) of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 253(g)).
          (2) Inapplicability of limitation on use of 
        simplified acquisition procedures.--
                  (A) In general.--The $5,000,000 limitation 
                provided in section 31(a)(2) of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 
                427(a)(2)), and section 303(g)(1)(B) of the 
                Federal Property and Administrative Services 
                Act of 1949 (41 U.S.C. 253(g)(1)(B)) shall not 
                apply to purchases of products or services 
                deemed to be a commercial item under paragraph 
                (1).
                  (B) Guidance.--The Attorney General and the 
                Administrator of Federal Procurement Policy 
                shall jointly issue guidance and procedures for 
                the use of simplified acquisition procedures 
                for a purchase of products or services in 
                excess of $5,000,000 under the authority of 
                this section.
  (c) Streamlined Procedures for the Procurement of Information 
Technology.--The Attorney General shall, when appropriate, use 
streamlined acquisition authorities and procedures authorized 
by law for a procurement described in subsection (a), including 
authorities and procedures that are provided under the 
following provisions of law:
          (1) Federal property and administrative services act 
        of 1949.--In title III of the Federal Property and 
        Administrative Services Act of 1949:
                  (A) Paragraphs (1), (2), (6), and (7) of 
                subsection (c) of section 303 (41 U.S.C. 253), 
                relating to use of procedures other than 
                competitive procedures under certain 
                circumstances (subject to subsection (e) of 
                such section).
                  (B) Section 303J (41 U.S.C. 253j), relating 
                to orders under task and delivery order 
                contracts.
          (2) Office of federal procurement policy act.--
        Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of 
        the Office of Federal Procurement Policy Act (41 U.S.C. 
        416(c)), relating to inapplicability of a requirement 
        for procurement notice.
  (d) Nondiscrimination Against Small-Business Concerns.--This 
section shall be applied in a manner that does not discriminate 
against small-business concerns (within the meaning of such 
term as used in the Small Business Act (15 U.S.C. 632 et seq.)) 
or any type of small-business concern.
  (e) Period of Authority.--The authorities provided in this 
section shall apply with respect to any procurement of 
information technology products or services described in 
subsection (a) during fiscal years 2002 through 2004.
  (f) Review and Report by Comptroller General.--Not later than 
180 days after the end of fiscal year 2004, the Comptroller 
General shall submit to the Committees on Government Reform and 
the Judiciary of the House of Representatives and the 
Committees on Governmental Affairs and the Judiciary of the 
Senate a report on the use of the authorities provided in this 
section. The report shall contain the following:
          (1) An assessment of the extent to which products and 
        services acquired using authorities provided under this 
        section contributed to the capacity of the entities 
        referred to in subsection (a) to carry out their 
        missions.
          (2) Any recommendations of the Comptroller General 
        taking into account the assessment performed under 
        paragraph (1).

                                
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