1. (a) In General.— The Administrator may develop innovative procurement methods and procedures to be tested by selected executive agencies. In developing a program to test innovative procurement methods and procedures under this subsection, the Administrator shall consult with the heads of executive agencies to—

   1. (1) ascertain the need for and specify the objectives of the program;
   2. (2) develop the guidelines and procedures for carrying out the program and the criteria to be used in measuring the success of the program;
   3. (3) evaluate the potential costs and benefits which may be derived from the innovative procurement methods and procedures tested under the program;
   4. (4) select the appropriate executive agencies or components of executive agencies to carry out the program;
   5. (5) specify the categories and types of products or services to be procured under the program; and
   6. (6) develop the methods to be used to analyze the results of the program.
2. (b) Approval of Executive Agencies Required.— A program to test innovative procurement methods and procedures may not be carried out unless approved by the heads of the executive agencies selected to carry out the program.

3. (c) Request for Waiver of Law.— If the Administrator determines that it is necessary to waive the application of a provision of law to carry out a proposed program to test innovative procurement methods and procedures under subsection (a), the Administrator shall transmit notice of the proposed program to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate and request that the Committees take the necessary action to provide that the provision of law does not apply with respect to the proposed program. The notification to Congress shall include—

   1. (1) a description of the proposed program (including the scope and purpose of the proposed program);
   2. (2) the procedures to be followed in carrying out the proposed program;
   3. (3) the provisions of law affected and the application of any provision of law that must be waived in order to carry out the proposed program; and
   4. (4) the executive agencies involved in carrying out the proposed program.

(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3688.)

In subsection (c), the words “Committee on Oversight and Government Reform” are substituted for “Committee on Government Operations” on authority of section 1(a)(6) of Public Law 104–14 (2 U.S.C. note prec. 21), Rule X(1)(h) of the Rules of the House of Representatives, adopted by House Resolution No. 5 (106th Congress, January 6, 1999), and Rule X(1)(m) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007). The words “Committee on Homeland Security and Governmental Affairs” are substituted for “Committee on Governmental Affairs” on authority of Senate Resolution No. 445 (108th Congress, October 9, 2004).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.