H. R. 2458—32
‘‘(2) shall be made publicly available on the Internet.
‘‘(d) AGENCY COOPERATION.—On request of the Office, agencies
shall furnish such information and reports as the Office may require
in order to carry out this section.
‘‘§ 3707. Regulations
‘‘The Director of the Office of Personnel Management shall
prescribe regulations for the administration of this chapter.’’.
(2) REPORT.—Not later than 4 years after the date of the
enactment of this Act, the General Accounting Office shall
prepare and submit to the Committee on Government Reform
of the House of Representatives and the Committee on Govern-
mental Affairs of the Senate a report on the operation of chapter
37 of title 5, United States Code (as added by this subsection).
Such report shall include—
(A) an evaluation of the effectiveness of the program
established by such chapter; and
(B) a recommendation as to whether such program
should be continued (with or without modification) or
allowed to lapse.
(3) CLERICAL AMENDMENT.—The analysis for part III of
title 5, United States Code, is amended by inserting after
the item relating to chapter 35 the following:
‘‘37. Information Technology Exchange Program ................................................ 3701’’.
(d) ETHICS PROVISIONS.—
(1) ONE-YEAR RESTRICTION ON CERTAIN COMMUNICATIONS.—
Section 207(c)(2)(A) of title 18, United States Code, is
amended—
(A) by striking ‘‘or’’ at the end of clause (iii);
(B) by striking the period at the end of clause (iv)
and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(v) assigned from a private sector organization to an
agency under chapter 37 of title 5.’’.
(2) DISCLOSURE OF CONFIDENTIAL INFORMATION.—Section
1905 of title 18, United States Code, is amended by inserting
‘‘or being an employee of a private sector organization who
is or was assigned to an agency under chapter 37 of title
5,’’ after ‘‘(15 U.S.C. 1311–1314),’’.
(3) CONTRACT
ADVICE.—Section 207 of title 18, United
States Code, is amended by adding at the end the following:
‘‘(l) CONTRACT ADVICE BY FORMER DETAILS.—Whoever, being
an employee of a private sector organization assigned to an agency
under chapter 37 of title 5, within one year after the end of that
assignment, knowingly represents or aids, counsels, or assists in
representing any other person (except the United States) in connec-
tion with any contract with that agency shall be punished as pro-
vided in section 216 of this title.’’.
(4) RESTRICTION ON DISCLOSURE OF PROCUREMENT INFORMA-
TION.—Section 27 of the Office of Federal Procurement Policy
Act (41 U.S.C. 423) is amended in subsection (a)(1) by adding
at the end the following new sentence: ‘‘In the case of an
employee of a private sector organization assigned to an agency
under chapter 37 of title 5, United States Code, in addition
to the restriction in the preceding sentence, such employee
shall not, other than as provided by law, knowingly disclose
contractor bid or proposal information or source selection
H. R. 2458—33
information during the three-year period after the end of the
assignment of such employee.’’.
(e) REPORT ON EXISTING EXCHANGE PROGRAMS.—
(1) EXCHANGE
PROGRAM
DEFINED.—For purposes of this
subsection, the term ‘‘exchange program’’ means an executive
exchange program, the program under subchapter VI of chapter
33 of title 5, United States Code, and any other program
which allows for—
(A) the assignment of employees of the Federal Govern-
ment to non-Federal employers;
(B) the assignment of employees of non-Federal
employers to the Federal Government; or
(C) both.
(2) REPORTING REQUIREMENT.—Not later than 1 year after
the date of the enactment of this Act, the Office of Personnel
Management shall prepare and submit to the Committee on
Government Reform of the House of Representatives and the
Committee on Governmental Affairs of the Senate a report
identifying all existing exchange programs.
(3) SPECIFIC INFORMATION.—The report shall, for each such
program, include—
(A) a brief description of the program, including its
size, eligibility requirements, and terms or conditions for
participation;
(B) specific citation to the law or other authority under
which the program is established;
(C) the names of persons to contact for more informa-
tion, and how they may be reached; and
(D) any other information which the Office considers
appropriate.
(f) REPORT ON THE ESTABLISHMENT OF A GOVERNMENTWIDE
INFORMATION TECHNOLOGY TRAINING PROGRAM.—
(1) IN GENERAL.—Not later January 1, 2003, the Office
of Personnel Management, in consultation with the Chief
Information Officers Council and the Administrator of General
Services, shall review and submit to the Committee on Govern-
ment Reform of the House of Representatives and the Com-
mittee on Governmental Affairs of the Senate a written report
on the following:
(A) The adequacy of any existing information tech-
nology training programs available to Federal employees
on a Governmentwide basis.
(B)(i) If one or more such programs already exist, rec-
ommendations as to how they might be improved.
(ii) If no such program yet exists, recommendations
as to how such a program might be designed and estab-
lished.
(C) With respect to any recommendations under
subparagraph (B), how the program under chapter 37 of
title 5, United States Code, might be used to help carry
them out.
(2) COST ESTIMATE.—The report shall, for any recommended
program (or improvements) under paragraph (1)(B), include
the estimated costs associated with the implementation and
operation of such program as so established (or estimated dif-
ference in costs of any such program as so improved).
(g) TECHNICAL AND CONFORMING AMENDMENTS.—
H. R. 2458—34
(1) AMENDMENTS TO TITLE 5, UNITED STATES CODE.—Title
5, United States Code, is amended—
(A) in section 3111, by adding at the end the following:
‘‘(d) Notwithstanding section 1342 of title 31, the head of an
agency may accept voluntary service for the United States under
chapter 37 of this title and regulations of the Office of Personnel
Management.’’;
(B) in section 4108, by striking subsection (d); and
(C) in section 7353(b), by adding at the end the fol-
lowing:
‘‘(4) Nothing in this section precludes an employee of a private
sector organization, while assigned to an agency under chapter
37, from continuing to receive pay and benefits from such organiza-
tion in accordance with such chapter.’’.
(2) AMENDMENT TO TITLE 18, UNITED STATES CODE.—Section
209 of title 18, United States Code, is amended by adding
at the end the following:
‘‘(g)(1) This section does not prohibit an employee of a private
sector organization, while assigned to an agency under chapter
37 of title 5, from continuing to receive pay and benefits from
such organization in accordance with such chapter.
‘‘(2) For purposes of this subsection, the term ‘agency’ means
an agency (as defined by section 3701 of title 5) and the Office
of the Chief Technology Officer of the District of Columbia.’’.
(3) OTHER AMENDMENTS.—Section 125(c)(1) of Public Law
100–238 (5 U.S.C. 8432 note) is amended—
(A) in subparagraph (B), by striking ‘‘or’’ at the end;
(B) in subparagraph (C), by striking ‘‘and’’ at the end
and inserting ‘‘or’’; and
(C) by adding at the end the following:
‘‘(D) an individual assigned from a Federal agency
to a private sector organization under chapter 37 of title
5, United States Code; and’’.
SEC. 210. SHARE-IN-SAVINGS INITIATIVES.
(a) DEFENSE CONTRACTS.—(1) Chapter 137 of title 10, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 2332. Share-in-savings contracts
‘‘(a) AUTHORITY
TO
ENTER
INTO
SHARE-IN-SAVINGS
CON-
TRACTS.—(1) The head of an agency may enter into a share-in-
savings contract for information technology (as defined in section
11101(6) of title 40) in which the Government awards a contract
to improve mission-related or administrative processes or to accel-
erate the achievement of its mission and share with the contractor
in savings achieved through contract performance.
‘‘(2)(A) Except as provided in subparagraph (B), a share-in-
savings contract shall be awarded for a period of not more than
five years.
‘‘(B) A share-in-savings contract may be awarded for a period
greater than five years, but not more than 10 years, if the head
of the agency determines in writing prior to award of the contract
that—
‘‘(i) the level of risk to be assumed and the investment
to be undertaken by the contractor is likely to inhibit the
government from obtaining the needed information technology
H. R. 2458—35
competitively at a fair and reasonable price if the contract
is limited in duration to a period of five years or less; and
‘‘(ii) usage of the information technology to be acquired
is likely to continue for a period of time sufficient to generate
reasonable benefit for the government.
‘‘(3) Contracts awarded pursuant to the authority of this section
shall, to the maximum extent practicable, be performance-based
contracts that identify objective outcomes and contain performance
standards that will be used to measure achievement and milestones
that must be met before payment is made.
‘‘(4) Contracts awarded pursuant to the authority of this section
shall include a provision containing a quantifiable baseline that
is to be the basis upon which a savings share ratio is established
that governs the amount of payment a contractor is to receive
under the contract. Before commencement of performance of such
a contract, the senior procurement executive of the agency shall
determine in writing that the terms of the provision are quantifiable
and will likely yield value to the Government.
‘‘(5)(A) The head of the agency may retain savings realized
through the use of a share-in-savings contract under this section
that are in excess of the total amount of savings paid to the
contractor under the contract, but may not retain any portion
of such savings that is attributable to a decrease in the number
of civilian employees of the Federal Government performing the
function. Except as provided in subparagraph (B), savings shall
be credited to the appropriation or fund against which charges
were made to carry out the contract and shall be used for informa-
tion technology.
‘‘(B) Amounts retained by the agency under this subsection
shall—
‘‘(i) without further appropriation, remain available until
expended; and
‘‘(ii) be applied first to fund any contingent liabilities associ-
ated with share-in-savings procurements that are not fully
funded.
‘‘(b) CANCELLATION AND TERMINATION.—(1) If funds are not
made available for the continuation of a share-in-savings contract
entered into under this section in a subsequent fiscal year, the
contract shall be canceled or terminated. The costs of cancellation
or termination may be paid out of—
‘‘(A) appropriations available for the performance of the
contract;
‘‘(B) appropriations available for acquisition of the informa-
tion technology procured under the contract, and not otherwise
obligated; or
‘‘(C) funds subsequently appropriated for payments of costs
of cancellation or termination, subject to the limitations in
paragraph (3).
‘‘(2) The amount payable in the event of cancellation or termi-
nation of a share-in-savings contract shall be negotiated with the
contractor at the time the contract is entered into.
‘‘(3)(A) Subject to subparagraph (B), the head of an agency
may enter into share-in-savings contracts under this section in
any given fiscal year even if funds are not made specifically avail-
able for the full costs of cancellation or termination of the contract
if funds are available and sufficient to make payments with respect
to the first fiscal year of the contract and the following conditions