[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3166 Introduced in Senate (IS)]







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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Information Technology Share-in-
Savings Program Improvement Act of 2000''.

SEC. 2. PURPOSES.

    The purposes of this Act are to provide individual federal agencies 
and the executive branch as a whole with increased incentives to use 
the share-in-savings program under the Clinger-Cohen Act of 1996 and to 
ease the use of such program.

SEC. 3. EXPANSION OF AUTHORITY.

    Section 5311 of the Clinger-Cohen Act of 1996 (divisions D and E of 
Public Law 104-106; 110 Stat. 692; 40 U.S.C. 1491) is amended--
            (1) in subsection (a)--
                    (A) by striking ``the heads of two executive 
                agencies to carry out'' and inserting ``heads of 
                executive agencies to carry out a total of five 
                projects under'';
                    (B) by striking ``and'' at the end of paragraph 
                (1);
                    (C) by striking the period at the end of paragraph 
                (2) and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(3) encouraging the use of the contracting and sharing 
        approach described in paragraphs (1) and (2) by allowing the 
        head of the executive agency conducting a project under the 
        pilot program--
                    ``(A) to retain, out of the appropriation accounts 
                of the executive agency in which savings computed under 
                paragraph (2) are realized as a result of the project, 
                up to the amount equal to half of the excess of--
                            ``(i) the total amount of the savings, over
                            ``(ii) the total amount of the portion of 
                        the savings paid to the private sector source 
                        for such project under paragraph (2); and
                    ``(B) to use the retained amount to acquire 
                additional information technology.'';
            (2) in subsection (b)--
                    (A) by inserting ``a project under'' after 
                ``authorized to carry out''; and
                    (B) by striking ``carry out one project and''; and
            (3) by striking subsection (c) and inserting the following:
    ``(c) Evolution Beyond Pilot Program.--(1) The Administrator may 
provide general authority to the heads of executive agencies to use a 
share-in-savings contracting approach to the acquisition of information 
technology solutions for improving mission-related or administrative 
processes of the Federal Government if--
            ``(A) after reviewing the experience under the five 
        projects carried out under the pilot program under subsection 
        (a), the Administrator finds that the approach offers the 
        Federal Government an opportunity to improve its use of 
        information technology and to reduce costs; and
            ``(B) issues guidance for the exercise of that authority.
    ``(2) For the purposes of paragraph (1), a share-in-savings 
contracting approach provides for contracting as described in paragraph 
(1) of subsection (a) together with the sharing and retention of 
amounts saved as described in paragraphs (2) and (3) of that 
subsection.
    ``(3) In exercising the authority provided to the Administrator in 
paragraph (1), the Administrator shall consult with the Administrator 
for the Office of Information and Regulatory Affairs.
    ``(d) Availability of Retained Savings.--Amounts retained by the 
head of an executive agency under subsection (a)(3) or subsection (c) 
shall, without further appropriation, be available for the executive 
agency for the acquisition of information technology and shall remain 
available until expended. Amounts so retained from any appropriation of 
the executive agency not otherwise available for the acquisition of 
information technology shall be transferred to any appropriation of the 
executive agency that is available for such purpose.''.
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