II

106TH CONGRESS

2D SESSION S. 3166

To amend the Clinger-Cohen Act of 1996 to provide individual federal agencies and the executive branch as a whole with increased incentives to

use the share-in-savings program under that Act, to ease the use of

such program, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 5 (legislative day, SEPTEMBER 22), 2000

Mr. BINGAMAN introduced the following bill; which was read twice and

referred to the Committee on Governmental Affairs

A BILL

To amend the Clinger-Cohen Act of 1996 to provide individual federal agencies and the executive branch as a

whole with increased incentives to use the share-in-savings program under that Act, to ease the use of such

program, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Information Tech5 nology Share-in-Savings Program Improvement Act of

6 2000’’.
2

•S 3166 IS

1 SEC. 2. PURPOSES.

2 The purposes of this Act are to provide individual

3 federal agencies and the executive branch as a whole with

4 increased incentives to use the share-in-savings program

5 under the Clinger-Cohen Act of 1996 and to ease the use

6 of such program.

7 SEC. 3. EXPANSION OF AUTHORITY.

8 Section 5311 of the Clinger-Cohen Act of 1996 (divi9 sions D and E of Public Law 104–106; 110 Stat. 692;

10 40 U.S.C. 1491) is amended—

11 (1) in subsection (a)—

12 (A) by striking ‘‘the heads of two executive

13 agencies to carry out’’ and inserting ‘‘heads of

14 executive agencies to carry out a total of five

15 projects under’’;

16 (B) by striking ‘‘and’’ at the end of para17 graph (1);

18 (C) by striking the period at the end of

19 paragraph (2) and inserting ‘‘; and’’; and

20 (D) by adding at the end the following:

21 ‘‘(3) encouraging the use of the contracting and

22 sharing approach described in paragraphs (1) and

23 (2) by allowing the head of the executive agency con24 ducting a project under the pilot program—

25 ‘‘(A) to retain, out of the appropriation ac26 counts of the executive agency in which savings
3

•S 3166 IS

1 computed under paragraph (2) are realized as

2 a result of the project, up to the amount equal

3 to half of the excess of—

4 ‘‘(i) the total amount of the savings,

5 over

6 ‘‘(ii) the total amount of the portion

7 of the savings paid to the private sector

8 source for such project under paragraph

9 (2); and

10 ‘‘(B) to use the retained amount to acquire

11 additional information technology.’’;

12 (2) in subsection (b)—

13 (A) by inserting ‘‘a project under’’ after

14 ‘‘authorized to carry out’’; and

15 (B) by striking ‘‘carry out one project

16 and’’; and

17 (3) by striking subsection (c) and inserting the

18 following:

19 ‘‘(c) EVOLUTION BEYOND PILOT PROGRAM.—(1)

20 The Administrator may provide general authority to the

21 heads of executive agencies to use a share-in-savings con22 tracting approach to the acquisition of information tech23 nology solutions for improving mission-related or adminis24 trative processes of the Federal Government if—
4

•S 3166 IS

1 ‘‘(A) after reviewing the experience under the

2 five projects carried out under the pilot program

3 under subsection (a), the Administrator finds that

4 the approach offers the Federal Government an op5 portunity to improve its use of information tech6 nology and to reduce costs; and

7 ‘‘(B) issues guidance for the exercise of that

8 authority.

9 ‘‘(2) For the purposes of paragraph (1), a share-in10 savings contracting approach provides for contracting as

11 described in paragraph (1) of subsection (a) together with

12 the sharing and retention of amounts saved as described

13 in paragraphs (2) and (3) of that subsection.

14 ‘‘(3) In exercising the authority provided to the Ad15 ministrator in paragraph (1), the Administrator shall con16 sult with the Administrator for the Office of Information

17 and Regulatory Affairs.

18 ‘‘(d) AVAILABILITY OF RETAINED SAVINGS.—

19 Amounts retained by the head of an executive agency

20 under subsection (a)(3) or subsection (c) shall, without

21 further appropriation, be available for the executive agen22 cy for the acquisition of information technology and shall

23 remain available until expended. Amounts so retained

24 from any appropriation of the executive agency not other25 wise available for the acquisition of information technology
5

•S 3166 IS

1 shall be transferred to any appropriation of the executive

2 agency that is available for such purpose.’’.

Æ