CONFERENCE REPORT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000600130001-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 14
• Document Creation Date: November 17, 2016
• Document Release Date: July 13, 2000
• Sequence Number: 1
• Publication Date: August 7, 1974
• Content Type: OPEN

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EPORT
2d Session No. 93-1268
OFFICE OF FEDERAL PROCUREMENT POLICY
AUGUST 7, 1974.-Ordered to be printed
Mr. HOLIFIELD, from the committee of conference,
submitted the following
CONFERENCE REPORT
The committee of conference on the disagreeing votes of the two
Houses on the amendments of the House to the bill (S. 2510) to create
an Office of Federal Procurement Policy within the Executive Office
of the President, and for other purposes, having met, after full and free
conference, have agreed to recommend and do recommend to their
respective Houses as follows:
That the Senate recede from its disagreement to the amendment of
the House to the text of the bill and agree to the same with an amend-
ment as follows:
In lieu of the matter proposed to be inserted by the amendment of
the House to the text of the bill, insert the following:
That this Act may be cited as the "Office of Federal Procurement Policy
Act".
SEC. 2. It is declared to be the policy of Congress to promote economy,
efficiency, and effectiveness in the procurement of property and services
by and for the executive branch of the Federal Government by-
(1) establishing policies, procedures, and practices which will
require the Government to acquire property and services of the
requisite quality and within the time needed at the lowest reasonable
cost, utilizing competitive procurement methods to the maximum
extent practicable;
(2) improving the quality, efficiency, economy, and performance of
Government procurement organizations and personnel;
(3) avoiding or eliminating unnecessary overlapping or duplica-
tion of procurement and related activities;
(4) avoiding or eliminating unnecessary or redundant require-
ments placed on contractor and Federal procurement officials;
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(5) identifying gaps, omissions, or inconsistencies in procurement
laws, regulations, and directives and in other laws, regulations, and
directives, relating to or affecting procurement;
(6) achieving greater uniformity and simplicity, whenever ap-
propriate, in procurement procedures;
(7) coordinating procurement policies and programs of the several
departmer,.ts and agencies;
(8) minimizing possible disruptive effects of Government procure-
ment on particular indust ries, areas, or occupations;
(9) iraproving understanding of Government procurement laws
and policies within the Government and by organizations and
individuals doing business with the Government;
(10) promoting fair dealing and equitable relationships among
the parties in Government contracting; and
(11) otherwise promoting economy, efficiency, and effectiveness in
Government procurement organizations and operations.
FINDINGS AND PURPOSE
SEC. 3. (a) The Congress finds that economy, efficiency, and effectiveness
in the procurement of property and services by the executive agencies will
be improved by establishing an office to exercise responsibility for procure-
ment policies, regulations, procedures, and forms.
(b) The purpose of this Act ,is to establish an Office of Federal Procure-
ment Policy in the Office of Management and Budget to provide overall
direction of procurement policies, regulations, procedures, and forms for
executive agencies in accordance with applicable laws.
SEC. 4. As used in this Act, the term "executive agency" means an
executive department, a military department, and an independent es fab-
lishment within the meaning of sections 101, 102, and 104(1), respeetizely,
of title 5, United States Code, and also a wholly owned Government
corporation within the meaning of section 101 cif the Government Corpora-
tion Control.A.ct (31 U.S.C. 846).
OFFICE OF FEDERAL PROCUREMENT POLICY
SEC. 5. (a) There is established ;n the Office of Management and Budget
an office to be known as the Office of Federal Procurement Policy (herein-
after ref erred, to as the " Office").
(b) There shall be at the head of the Office an Administrator for Federal
Procurement Policy (hereinafter r, ferred to as the "Administrator"), who
shall be appointed by the President, by and with the advice and consent
of the Senate.
AUTHORITY AND FUNCTIONS
SEC. 6. (a) The Administrator shall provide overall direction of procure-
ment policy. To the extent he considers appropriate and with clue regard
to the program activities of the executive agencies, he shall prescribe
policies, regulations, procedures, and forms, which shall be in accordance
with applicable laws and shall be followed by executive agencies (1) in the
procurement of-
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(A) property other than real property in being;
(B) services, including research and development; and
(C) construction, alteration, repair, or maintenance of real
property;
and (2) in providing for procurement by recipients of Federal grants or
assistance of items specified in clauses (A), (B), and (C) of this subsec-
tion, to the extent required for performance of Federal grant or assistance
programs.
(b) Nothing in subsection (a) (2) shall be construed-
(1) to permit the Administrator to authorize procurement or supply
support, either directly or indirectly, to recipients of Federal grants or
assistance; or
(2) to authorize any action by recipients contrary to State and
local laws, in the case of programs to provide Federal grants or assist-
ance to States and political subdivisions.
(c) The authority of the Administrator under this Act shall apply only
to procurement payable from appropriated funds: Provided, That the
Administrator undertake a study of procurement payable from nonappro-
priated funds. The results of the study, together with recommendations for
administrative or statutory changes, shall be reported to the President of
the Senate and the Speaker of the House of Representatives at the earliest
practicable date, but in no event later than two years after the date of enact-
ment of this Act.
(d) 2 he functions of the Administrator shall include-
(1) establishing a system of coordinated, and to the extent feasible,
uniform procurement regulations for the executive agencies;
(2) establishing criteria and procedures for an effective and timely
method of soliciting the viewpoints of interested parties in the develop-
ment of procurement policies, regulations, procedures, and forms;
(3) monitoring and revising policies, regulations, procedures, and
forms relating to reliance by the Federal Government on the private
sector to provide needed property and services;
(4) promoting and conducting research in procurement policies,
regulations, procedures, and forms;
(5) establishing a system ,for collecting, developing, and dissemi-
nating procurement data which takes into account the needs of the
Congress, the executive branch, and the private sector;
(6) recommending and promoting programs of the Civil Service
Commission and executive agencies for recruitment, training, career
development, and performance evaluation of procurement personnel.
(e) In the development of policies, regulations, procedures, and forms to
be authorized or prescribed by him, the Administrator shall consult with
the executive agencies affected, including the Small Business Administra-
tion and other executive agencies promulgating policies, regulations, pro-
cedures, and forms affecting procurement. To the extent feasible, the
Administrator may designate an executive agency or agencies, establish
interagency committees, or otherwise use agency representatives or per-
sonnel, to solicit the views and the agreement, so far as possible, of executive
agencies affected on significant changes in policies, regulations, pro-
cedures, and forms.
(f) The authority of the Administrator under this Act shall not be con-
strued to-
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(1) 'impair or interfere with the determination by executive agencies
of their need for, or their use of, specific property, services, or con-
struction, including particular specifications therefor; or
(2) interfere with the determination by executive agencies of specific
actions in the award or administration of procurement contracts.
(g) Except as otherwise provided by law, no duties, functions, or re-
sponsibilities, other than those expressly assigned by this Act, shall be
assigned, delegated, or ,transferred to the Administrator.
ADMINISTRATIVE POIT'FI?S
SEc. 7. Upon the request of the Administrator, each executive agency
is directed to--
(1) make its services, personnel, and facilities available to the
O face to the greatest, practicable extent for the performance of functions
'under this Act,; and
(2) except when prohibited by law, furnish to the Administrator and
rove him access to all information and records in its possession which,
the Administrator may determine to be necessary for the performance
of the. junctions of the O fice.
RLSPONOIIVEVERS TO OONGRESS
SEC. 8. O The Administrator shall keep the Congress and its duly
authorized committees f dly and currently informed of the major activities
of the Office of Federal Procurement Policy, and shall submit a report
thereon to the President of the Senate and the Speaker of the House of
Representatives annually and at such other times as may be necessary for
this purpose, together with appropriate legislative recommendations.
(b) At least 30 days 'prior to the effective date of any major policy or
regulation prescribed under section 6(a), the Administrator shall transmit
to the Committees on Government Operations of the Horlse of Representatives
and of the Senate a detailed report on the proposed policy or regulation.
Such report shall include-
(1) a_fu.ll description of the policy or regulation;
(2) a summary of the reasons for the issuance of such policy or
regulation; and
(3) the names and positions of employees of the Office who will be
made available, prior to such effective date, for full consultation with
such Cammittees regarding such policy or regulation.
(e) In the case of an emergency, the President may waive the notice
requirement of subsection (b) by submitting in writing to the Congress his
reasons there for at the earliest practicable date on or before the effective
date of any major policy or regulation.
SEC. 9. Thy:: authority of an executive agency under any other law to
prescribe poluwies, regulations, procedures, and forms for procurement is
subject to the authority conferred in section 6 of this Act.
5/EREOT ON EXISTING REGULATIONS
SEC. 10. Procurement policies, regr.clations, procedures, or forms in
effect as of the date of enactment of this Act shall continue in effect, as
modified from time to time, until repealed, amended, or superseded by
policies, regulations, procedures, or forms promulgated by the Administrator.
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SEC. 11. There are authorized to be appropriated to carry out the
provisions of this Act, and for no other purpose-
(1) not to exceed $,2,000,000 for the fiscal year ending June 30,
1975, of which not to exceed $150,000 shall be available for the
purpose of research in accordance with section 6(d) (4); and
(2) such sums as may be necessary for each of the four fiscal years
thereafter.
Any subsequent legislation to authorize appropriations to carry out the
purposes of this Act shall be referred in the Senate to the Committee on
Government Operations.
SEC. 12. (a) The Administrator may delegate, and authorize successive
redelegations of, any authority, function, or power under this Act, other
than his basic authority to provide overall direction of Federal procure-
ment policy and to prescribe policies and regulations to carry out that
policy, to any other executive agency with the consent of such agency or
at the direction of the President.
(b) The Administrator may make and authorize such delegations
within the Office as he determines to be necessary to carry out the provisions
of this Act.
SEC. 13. Section 5315 of title 5, United States Code, is amended by
adding at the end thereof the following:
"(100) Administrator for Federal Procurement Policy.".
SEC. 14. (a) The Administrator and personnel in his Office shall
furnish such information as the Comptroller General may require for the
discharge of his responsibilities. For this purpose, the Comptroller
General or his representatives shall have access to all books, documents,
papers, and records of the Office.
(b) The Administrator shall, by regulation, require that formal meetings
of the Office, as designated by him, for the purpose of establishing procure-
ment policies and regulations shall be open to the public, and that public
notice of each such meeting shall be given not less than ten days prior
thereto.
SEC. 15. The Federal Property and Administrative Services Act of 1949
(40 U.S.C. 471 et seq.) is amended as follows:
(1) Section 201(a)(1) of such Act (40 U.S.C. 481(a) (1)) is
amended by inserting "subject to regulations prescribed by the
Administrator for Federal Procurement Policy pursuant to the Office
of Federal Procurement Policy Act," immediately after "(1)".
(2) Section 201(c) of such Act (40 U.S.C. 481(c)) is amended
by inserting "subject to regulations prescribed by the Administrator
for Federal Procurement Policy pursuant to the Office of Federal
Procurement Policy Act," immediately after "Administrator,".
(3) Section 206(a)(4) of such Act (40 U.S.C. 487(a) (4)) is
amended to read as follows: "(4) subject to regulations promulgated
by the Administrator for Federal Procurement Policy pursuant to
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the Office of Federal Procurement Policy Act, to prescribe standardized
forms and procedures, except such as the Comptroller General is
authorized by law to prescribe, and standard purchase speeifaea-
b+,ons.
(I) Section 60.(c) of such Act (40 U.S.C. /f74) is amended in the
first sentence thereof by inserting "except as provided by the Office
of Federal Procurement Policy Act, and" immediately after "here-
zcrith,".
And the House agree to the same.
That the Senate recede from its disagreement to the amendment of
the House to the title of the Senate bill and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the amendment of
the House to the title of the Senate bill, insert the following: "An Act
to establish an Office of Federal Procurement Policy within the Office
of Management and Budget, and for other purposes."
And the House agree to the salve.
CHET HOLIFIELD,
FERNAND J. ST GERMAIN,
I)ON .I!FUQUA,
I!'ICANK HORTON,
JOHN N. ERLENBORN,
Managers on the Part of the Ho ,use.
LAWTON CEILES,
SAM
NUNN,
WALTER U. HUDDLESTON,
WILLIAM V. ROTH, Jr.
WILLIAM BROCK,
itlanagers on the Part of the Senate.
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JOINT EXPLANATORY STATEMENT OF THE COMMITTEE
OF CONFERENCE
The managers on the part of the Senate and the House at the con-
ference on the disagreeing votes of the two Houses on the amendments
of the House to the bill (S. 2510) to create an Office of Federal Pro-
curement Policy, submit the following joint statement to the Senate
and the House in explanation of the effect of the action agreed upon by
the managers and recommended in the accompanying conference
report.
Except for certain clerical, conforming, and other clarifying and
technical changes, the changes made to deal with the differences be-
tween the Senate bill and the House amendments are noted below:
The conference substitute changes the title of the act to conform
with changes in the text. The title, as modified, is to establish an
Office of Federal Procurement Policy (OFPP) within the Office of
Management and Budget (OMB), and for other purposes.
The conference substitute provides for citing the act as the "Office of
Federal Procurement Policy Act".
The conference substitute incorporates section 2 of the Senate bill
declaring it to be congressional policy to promote economy, efficiency,
and effectiveness in procurement, but eliminates one of the 12 original
specifications for accomplishing this policy, to wit: "conforming
procurement policies and programs, whenever appropriate, to other
established Government policies and programs". The conferees agreed
that the appropriate priorities and other relationships between
procurement and other government programs should be governed
by other specific legislation.
The conference substitute here and throughout the bill incorporates
the language of the House amendment (subsection 2(a)) giving the
OFPP responsibility for procurement "policies, regulations, pro-
cedures, and forms." The Senate bill treated procedures and forms as
a means of implementing policies and regulations. The conferees
recognize that these are closeknit responsibilities which are difficult
to differentiate. The conferees agree that the OFPP generally should
focus on matters of broad policy and regulatory scope and leave to the
agencies details of implementing procedures and forms to the extent
consistent with achievement of OFPP policy objectives.
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The conference substitute adopts the statement of purpose in the
House amendment (subsection 2(b)), but with changes to include the
full name of the Office of Federal. Procurement Policy and to spell out
that procurement policies, regulations, procedures, and forms are to
be "in accordance with applicable laws." The use of this language
here and elsewhere in the conference substitute (subsection 6(a)) makes
clear that OFPP policies must be subject to and consistent with con-
;ressional enactments. The conference substitute is substantially the
sane as the Senate bill except for omission of the phrase "through a
;;mall, highly qualified and competent staff." The conferees concur in
this view but think it more appropriate to reflect it by report language
and allow it to be effected by controlling appropriations for the OI PP.
The conference substitute incorporates the language of the L--louse
amendment (section 3) defining the term "executive agency." Tare is
no change in substance from bhf> Senate bill (subsection 4(a) (1)) except
that the District of Columbia is excluded completely. Under the
Senate bill. the District of Columbia was included but was authorized
to exempt itself under the provisions of the District of Columbia Self-
Governineni and Governmental Reorganization Act. Exclusion of the
District of Columbia will still leave the District of Columbia free to
conform to OFPP policies and regulations as it deems appropriat,a
The conference substitute in conformity with the House amendment
does not include the definitions in the Senate bill of the terms "Office,"
"Administrator," and "Federal assistance." References elsewhere in
the conference substitute take the place of the definitions of "Office"
and "Administrator.
No definition is included for the term "Federal assistance" or the
House counterpart, "Federat grants or assistance," particularly
since this is the subject of separate legislation (H.R. 9060; S. 3514).
The term is intended to include transactions for payment of money or
transfer of property iieu of money generally referred to as program
or project grants, 91111 ts-in-aid and grants in lieu of research and
development contracts as authorized by the 1958 Federal grants
statute (42 U.S.C. 1891 et seq.). However, for the purposes of this
act, the conferees do not intend that the OFPP responsibility with
regard to "Federal assistance" should extend to programs for the
furnishing of assistance through technical, specialized, and informa-
tional services; or assistance in the form of general revenue sharing,
loans, loan guarantees, insurance, and similar "no strings attached"
aids to State and local governments.
Subsection 5 (a)
The Senate bill placed the OFPP in the Executive Office of the
President and made it subject to Presidential direction. The Senate
felt a strong need for a high degree of independence for the OFPP.
The House amendment placed the OFPP within the OMB, which is a
component of the Executive Office.
The conference substitute follows the language of the House
amendment in locating the OFPP within the OMB. This accords with
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a preference expressed by the Commission on Government Procure-
ment in recommending the creation, by statute, of the OFPP. The
reference to Presidential direction is omitted as being unnecessary,
since the OMB and its components are necessarily subject to Presi-
dential direction.
The conferees agree that placement of the OFPP in the OMB will
give the new Office prestige and leverage in dealing with the executive
agencies and thereby will enhance its ability to discharge the im-
portant responsibilities conferred by the act.
Although, as a component of OMB, the OFPP will be subject to
supervision and direction by the OMB Director, and through him by
the President, the conferees wish to emphasize that the Administrator
of the OFPP is charged with the duties and responsibilities set forth
in this act and will be held accountable by the Congress for their
effective performance. Other provisions in this act are consistent with
the concern for independence. These include:
(1) A requirement for Senate confirmation of the Administrator,
the only OMB official other than the Director and Deputy Director
whose appointment is made subject to such confirmation.
(2) Vesting the functions of the OFPP in the Administrator rather
than in the OMB Director, this being the only instance in which an
OMB official other than the Director has a statutory charter.
(3) Authorization of separate appropriations for the OFPP.
(4) A provision that the appropriations may be expended only for
the purposes of the act.
(5) A requirement that the Administrator, rather than the Director
of OMB, keep the Congress fully and currently informed of his activi-
ties, including his recommendations.
(6) A requirement that the Administrator give the Congress 30
days' advance notice before the effective date of any major policy or
regulation.
(7) A provision that the Administrator is not to be assigned any
functions other than those provided in the act.
Subsection 5(b)
The conference substitute incorporates the provision in the Senate
bill (subsection 5(b)) designating the head of the OFPP as Adminis-
trator for Federal Procurement Policy. This is in lieu of the designation
of the head of the OFPP in the House bill (subsection 4 (b)) as an
Associate Director for Federal Procurement Policy of the Office of
Management and Budget. The OFPP head is to be appointed by the
President, with the advice and consent of the Senate.
The conferees agree that the title of "Administrator" will give
greater emphasis to the distinct role the OFPP is expected to play in
the area of procurement policy.
In view of the conferees' agreement to locate the OFPP in the OMB,
the Senate bill provision requiring Presidential appointment and
Senate confirmation of a Deputy Administrator (subsection 5(c)) was
no longer considered appropriate. It is expected that the Deputy
Administrator and other OFPP personnel will be appointed pursuant
to regular Civil Service procedures. In the light of their responsibilities
and the status of the executive agency officers with whom they will
be dealing, the conferees agree that the Deputy Administrator should
be a GS-18 and that an adequate complement of other supergrade
positions should be allocated to the OFPP by the U.S. Civil Service
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Commission.. The conferees regard this as essential to attract out-
standing talent and provide the high level of leadership in procurement
policy coordination ccntemDlated by the act and the Commission on
Government Procurement.
Subsection 6(a)
The conference substitute incorporates, with minor change, the
provisions of the Senate bill (subsection 6(a)) stating the responsibility
of the OFPPP for prescribing policies, regulations, procedures, and
forms for procurement, w rich shall be followed by all executive
agencies and Federal grantees. This is substantially the same as the
House amendment provisions (subsection 5(a)).
Subsection 6(b)
The conference substitute incorporates, with clarifying changes,
the language of subsection 6(b) of the Senate bill directed against
the OFPP authorizing' procurement actions by State and local govern-
ment grantees contrary to State or local law, or authorizing Federal
procurement or supply support to grantees. This takes the place of
substantially similar provisions found in subsections 5(a) and 5(d)
of the House amendment.
Subsection E'(c)
This subsection of the conference substitute incorporates provisions
found in the House amendment (subsection 5(a)) excluding non-
appropriated fund activities from the. scope of the act. This takes the
place of a similar provision in the Senate bill (subsection 6 (d) (4)) which
was limited to military nonappropriated fund activities. The con-
ference substitute also incorporates a provision in the Senate bill,
but not in the House amendment, for the Administrator to conduct a
study of procurement by nonappropriated fund activities and report
to the Congress within two years.
Subsections 6 (d), (e)
The conference substitute adopts a combination of language in the
Senate bill (subsection 6(c)) and the House amendment (subsection
5 (b)) enumerating six' specific functions of the OFPP. There are a
number of clarifying changes, including one to make clear that the
OFPP will recommend: and promote rather than oversee Civil Service
Commission and other agency procurement personnel programs. The
conference substitute also drops one enumerated function in the
Senate bill (subsection' 6(c) (2)) as redundant to another enumerated
function (subsection 6(d)(3; of the conference substitute).
Subsection 6(e) of the conference substitute incorporates provisions
in the Senate bill (subsection 6(c)(8)) and in the House amendment
(subsection 5(c)) for the OFPP to consult with executive agencies in
the development of policies, regulations, procedures, and forms. The
conference substitute adopts the Senate language authorizing desig-
nation of other agencies to coordinate agency views.
Subsection 6(j)
The conference substitute incorporates with minor changes the
provisions found in the House amendment (subsections 5(d) (1) and
(2)) to rule out any authority of the OFPP to interfere with executive
a enc procurement actions or determinations of procurement needs.
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Counterpart provisions were included in the Senate bill (subsections
6(d) (1) and (2)). defining the
A provision in the Senate bill (subsection 6(d)(3)) g
authority of the OFPP to deal with procurement procedures and forms
was deleted as redundant to other provisions in the conference substi-
tute (subsection 6(a)) giving the OFPP general authority over
policies, regulations, procedures, and forms.
Subsection 6(g)
To assure that the OFPP will not have its procurement reform role
diluted, the conference substitute includes specific language that,
except as otherwise provided by law, the Administrator will have only
those functions expressly assigned by the act. The conferees do not
wish the Administrator to be burdened with extraneous responsibili-
ties or to have any of his functions transferred elsewhere.
SECTION 7-ADMINISTRATIVE POWERS
The conference substitute incorporates substantially identical pro-
visions found in the Senate bill (subsection 7 (b)) and the House amend-
ment (section 6) providing for executive agencies to furnish the OFPP
with services, personnel, facilities, and access to records. The con-
ference substitute omits other administrative provisions found in
subsections 7(a) and 7(c) of the Senate bill as no longer necessary or
appropriate in view of placement of the OFPP in the OMB.
Subsection 8 (a)
The conference substitute incorporates modified language of the
Senate bill (subsection 8(a)) for the Administrator to keep the Con-
gress and its committees fully and currently informed and to submit
annual and other reports on the major activities of the Office. The
conferees agree that this wording is to be given a reasonable inter-
pretation permitting submission of information on a summary basis
at intervals consistent with the intent of this subsection. The con-
ference substitute omits a provision in the Senate bill (subsection 8(b))
requiring the Administrator and OFPP personnel to testify before
Congress. The conferees agree that it would be anomalous to spell
out this requirement for the OFPP without a similar requirement
for all executive officials. Nevertheless, the conferees expect that
OFPP personnel will be available for information and testimony
before congressional committees, and there is no intent to imply
that the OFPP, or any other office, is beyond the reach of congressional
committees.
Subsections 8 (b), (c)
The conference substitute incorporates a provision for the Ad-
ministrator to give 30 days' advance notice of any proposed major
policy change to the Committees on Government Operations of the
Senate and the house of Representatives, with a description thereof,
a summary of reasons, and the names of OFPP representatives
designated for consultation with the committees. This reporting
requirement is intended also to extend to policies implementing
executive orders. This is a modified version of a provision found in the
Senate bill (subsection 8 (c)) but not in the house amendment. The
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conference substitute adds a provision for waiver by the President in
emergency cases, but omits % provision for the proposed policy to be
rendered ineffective by resolution of either House within 60 days.
SECTION 9--EFFECT ON EXISTING LAWS
The conference substitute follows the language of the House amend-
ment (section 8) making any authority of executive agencies to pre-
scribe policies, regulations, procedures, and forms subject to the
authority of the OFPP. The Senate bill included a substantially
similar provision (section 9).
SECTION 10---EFFECT CN EXISTING REGULATIONS
The conference substitute adopts a Senate bill provision (section 10)
continuing existing procurement policies, regulations, procedures, and
forms in effect until repealed, amended, or superseded by OFPP action.
A substantially similar provision was contained in the House amend-
ment (section 9).
SECTION 11-AUTHORIZATION OF APPROPRIATIONS
The conference substitute incorporates, with changes, the provisions
in the Senate bill (section 11) authorizing appropriations. As changed,
this provision authorizes appropriations not to exceed $2 million for
the fiscal. year ending June 30, 1975, of which not more than $150,000
is to be available for research, and authorizes appropriations as may
be necessary for each of the four fiscal years thereafter. It also pro-
vides that subsequent legislation to authorize appropriations is
to be referred in the Senate to the Committee on Government Opera-
tions. The authorization of $2 million for the first fiscal year is in lieu
of the $4 million authorized in the Senate bill, and in lieu of the $1
million estimated by the report on H. R. 15233 of the Committee on
Government Operations (H. Rept. No. 93-1176, pp. 6-7).
The conference substitute is III lieu of a provision in the House
amendment (section 10) which indefinitely authorized such unspecified
sums as may be necessary to carry out the act. However, the con-
ference substitute does include language, reflecting the House amend-
ment, that appropriations shall be available "for no other purpose."
This is intended to assure that such appropriations will be used or..ly
for activities of the OFPP and will not be mingled with appropriations
for other OMB activities.
The conference substitute incorporates a Senate provision (section
12) authorizing delegation to OF PP personnel, and also to other
agencies of arty OFPP authority except the basic authority of OFPP
to direct procurement policy and prescribe policies and regulatior,.s.
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The working is changed specifically to authorize redelegation as pro-
vided in a counterpart provision of the House amendment (section 11).
The House amendment did not include the restriction as to delegating
the basic authority of the OFPP.
SECTION 13-ANNUAL PAY
The conference substitute adopts the provision of the House
amendment (section 12) for compensating the Administrator at
Executive Level IV ($38,000) rather than Executive Level III as
provided in the Senate bill (section 13).
Subsection 14(a)
The conference substitute incorporates identical provisions found in
the Senate bill (subsection 14(a)) and the House amendment (section
13) giving the Comptroller General access to records of the OFPP.
Subsection 14(b)
The House conferees receded from their objection to subsection
14(b) of the Senate bill and accepted a modified version thereof in the
conference substitute. There was no similar provision in the House
amendment. This subsection of the conference substitute requires the
Administrator to open to the public certain formal, scheduled meet-
ings of the OFPP concerning the establishment of procurement poli-
cies and regulations and specifies that a ten-day notice will be given
of such meetings. The Administrator is to designate the meetings
subject to this subsection and prescribe, by regulation, the procedures
to be followed in the conduct of such meetings. Although the Adminis-
trator is given authority to determine the need for and conduct of
the public meetings, in general, it is intended that the formal meetings
of the Office will be conducted so as to give substantial visibility to
its rulemaking determinations. This subsection complements the pro-
visions of subsection 6(d)(2) calling for the timely, effective solicita-
tion of the viewpoints of interested parties, and is in line with the
policy declaration in subsection 2 (9) on improving the understanding
of procurement policies.
SECTION 15-REPEALS AND AMENDMENTS
The conference substitute adopts with technical changes provisions
in the House amendment amending four sections of the Federal
Property and Administrative Services Act to make the authority of
the Administrator of General Services to issue regulations and forms
subordinate to the authority conferred on the OFPP Administrator
to prescribe procurement policies, regulations, procedures, and forms
under this act. The Senate bill covered two similar amendments to the
Federal Property and Administrative Services Act. The technical
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changes in the conference substitute make clear that no authority is
given to the OFPP Adrninis.trator apart from that specifically con-
ferred by other provisions of this a,ct.
C IlET HOLIFIELD,
FERNAND J. ST GERMAIN,
DON FUQUA,
FaANK NORTON,
JOHN N. ERLENBORN,
Managers on the Part of the House.
LLAWTON CHILES,
SAD/ NUNN,
WALTER D. HUDDLESTON,
WILLIAM V. ROTH, Jr.,
WILLIAM BROCK,
Managers on the Part of the Senate.
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