P.L. 104-106, Information Technology Management Reform Act of 1996 †
- 公法(Public Law)
- Clinger-Cohen Act of 1996
Division E: Information Technology Management Reform
Information Technology Management Reform Act of 1996
Title LI (sic): Responsibility for Acquisitions of Information Technology
Subtitle A: General Authority
- Repeals the Brooks Automatic Data Processing Act, which authorizes and directs the GSA Administrator to coordinate and provide for the economic and efficient purchase, lease, and maintenance of automatic data processing equipment by Federal agencies.
Subtitle B: Director of the Office of Management and Budget
- Requires the Director of the Office of Management and Budget (OMB), with respect to information technology in the Federal Government, to: (1) exercise capital planning control; (2) promote the improvement of the acquisition, use, and disposal of such technology through the improvement of Federal programs; (3) develop as part of the budget process a process for analyzing, tracking, and evaluating the risks and results of all major capital investments in information systems by executive agencies; (4) oversee the development and implementation by the Secretary of Commerce of standards and guidelines pertaining to Federal computer systems; (5) designate executive agents for information technology acquisitions and require such agents to use best acquisition practices; (6) assess other models for managing information technology; (7) compare, and disseminate results of, various agencies' use of information technology; (8) monitor the development and implementation of training for executive personnel; (9) inform the Congress with respect to such technology in the Federal Government; and (10) coordinate the development and review of policy associated with Federal information technology acquisition.
- (Sec. 5113) Requires the OMB Director to: (1) encourage performance- and results-based management in fulfilling his responsibilities; and (2) evaluate the information resources management practices of the executive agencies with respect to the performance and results of investments made in information technology. Provides enforcement authority for the Director in the accountability of agency heads for information resources management and investments.
Subtitle C: Executive Agencies
- Requires the head of each executive agency to design and implement in such agency a process for maximizing the value and assessing and managing the risks of information technology acquisitions. Directs such agency heads to utilize the same performance- and results-based management practices as encouraged by the OMB Director, and to prepare an annual report to the Congress concerning progress in achieving such goals. Provides specific authority of such agency heads with respect to information technology acquisitions.
- (Sec. 5125) Designates a Chief Information Officer (currently, a senior official) within each executive agency, with appropriate duties relating to information technology acquisition and management.
- (Sec. 5126) Requires the head of each agency, in consultation with the Chief Information Officer and Chief Financial Officer of such agency, to establish policies and procedures to ensure the integration within such agency of financial and information systems.
- (Sec. 5127) Requires agency heads to identify any major information technology acquisition program, or phase or increment of such program, that has significantly deviated from its cost, performance, or schedule goals.
- (Sec. 5128) Authorizes agency information technology funding to be used to support jointly with other agency heads the activities of interagency groups established to advise the OMB Director in carrying out his information technology responsibilities under this title.
Subtitle D: Other Responsibilities
- Directs the Secretary of Commerce to promulgate standards and guidance pertaining to the efficiency, security, and privacy of Federal computer systems. Authorizes the President to disapprove or modify such standards. Authorizes an agency head to employ more stringent standards as long as such standards contain those standards made compulsory and binding by such Secretary. Authorizes the Secretary to waive such standards when compliance would adversely affect the mission of a computer operator or cause a major adverse financial impact on such operator which is not offset by Government-wide savings.
- (Sec. 5132) Expresses the sense of the Congress that, during the five-year period beginning with 1996, executive agencies should achieve each year at least a five percent decrease in information technology operation and maintenance costs, as well as a five percent increase in efficiency of operations.
Subtitle E: National Security Systems
- Excludes, with exceptions, national security systems from the provisions of this title.
Title LII: Process for Acquisitions of Information Technology
- Directs the Federal Acquisition Regulatory Council to ensure that the information technology acquisition process is a simplified, clear, and understandable process that specifically addresses the management of risk, incremental acquisitions, and the need to incorporate commercial information technology in a timely manner.
- (Sec. 5202) Requires each agency head, to the maximum extent practicable, to use modular contracting for the acquisition of a major system of information technology. Requires implementation of the modular contracting process through the FAR.
Title LIII: Information Technology Acquisition Pilot Programs
Subtitle A: Conduct of Pilot Programs
- Authorizes the Administrator of Federal Procurement Policy (FPP) to conduct pilot programs in order to test alternative approaches for the acquisition of information technology by executive agencies. Provides pilot program conditions and limitations, including a time limit of five years for each program.
- (Sec. 5302) Directs each agency head conducting such a pilot program to establish measurable criteria for evaluating the effects of the procedures or techniques to be tested under the program. Requires the FPP Administrator to submit to the Congress a detailed test plan for a pilot program before it may be conducted.
- (Sec. 5303) Directs the FPP Administrator, within 180 days after completion of a pilot program under this subtitle, to: (1) report to the OMB Director on the program's findings and results; and (2) provide a copy of such report to the Congress.
- (Sec. 5304) Requires the OMB Director to submit to the Congress recommendations for legislation if he finds that a pilot program's results and findings indicate that such legislation is necessary or desirable.
Subtitle B: Specific Pilot Programs
- Allows the FPP Administrator to authorize the heads of two executive agencies to carry out a pilot program in which a private contractor provides the Federal Government with an information technology alternative process, and the private contractor is paid a portion of the savings derived by the Government from improvements made through such alternative process.
- (Sec. 5312) Allows the FPP Administrator to authorize the heads of two executive agencies to carry out a pilot program to test the feasibility of using solutions-based contracting for the acquisition of information technology. Defines such contracting as an acquisition method under which the objectives are defined by the Federal user of the technology, a streamlined contractor selection process is utilized, and industry sources are allowed to provide solutions that attain such objectives. Outlines acquisition process requirements under such pilot program, including the use of simple solicitations, proposals, and evaluations. Directs the FPP Administrator to establish a joint working panel of Federal personnel and representatives of the information technology industry to design a plan for the conduct of any pilot program under this section. Outlines required plan contents. Requires the Comptroller General to: (1) monitor acquisitions made under the pilot program; and (2) periodically report monitoring results to the Congress.
Title LIV: Additional Information Resources Management Matters
- Directs the GSA Administrator, by no later than January 1, 1998, and using the Federal Acquisition Computer Network (FACNET), to provide Government-wide on-line computer access to information on products and services available for ordering under the multiple award schedules. Adds to required FACNET functions. Authorizes the FPP Administrator to establish a pilot program to test streamlined procedures for the procurement of information technology products and services available under such award schedules. Requires the pilot program to be applicable to all multiple award schedule contracts for the purchase of information technology, and to test specified procedures. Requires a Comptroller General review and report on such pilot program. Authorizes the FPP Administrator to withdraw a multiple award schedule or portion thereof from the pilot program upon certain determinations. Terminates the pilot program four years after its establishment, unless reauthorized by law.
- (Sec. 5402) Directs each agency head to: (1) inventory all computer equipment under their control; and (2) maintain an inventory of any such equipment that is excess or surplus property.
- (Sec. 5403) Directs each agency head to ensure that, if that agency's information systems disseminate information to the public, then an index of such disseminated information is included within a directory published by the Government Printing Office under Federal law.
Title LV: Procurement Protest Authority of the Comptroller General
- Revises time limitations with respect to the procurement protest process.
Title LVI: Conforming and Clerical Amendments
- Makes various conforming and clerical amendments related to changes made under this Division.
Title LVII: Effective Date, Savings Provisions, and Rules of Construction
- Provides, with respect to this Division, an effective date, savings provisions, and rules of construction.