Page:United States Statutes at Large Volume 124.djvu/3714

This page needs to be proofread.

124 STAT. 3688 PUBLIC LAW 111–350—JAN. 4, 2011 § 1124. Tests of innovative procurement methods and proce- dures (a) IN GENERAL.—The Administrator may develop innovative procurement methods and procedures to be tested by selected execu- tive agencies. In developing a program to test innovative procure- ment methods and procedures under this subsection, the Adminis- trator shall consult with the heads of executive agencies to— (1) ascertain the need for and specify the objectives of the program; (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) evaluate the potential costs and benefits which may be derived from the innovative procurement methods and proce- dures tested under the program; (4) select the appropriate executive agencies or components of executive agencies to carry out the program; (5) specify the categories and types of products or services to be procured under the program; and (6) develop the methods to be used to analyze the results of the program. (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 agen- cies selected to carry out the program. (c) REQUEST FOR WAIVER OF LAW.—If the Administrator deter- mines that it is necessary to waive the application of a provision of law to carry out a proposed program to test innovative procure- ment methods and procedures under subsection (a), the Adminis- trator shall transmit notice of the proposed program to the Com- mittee on Oversight and Government Reform of the House of Rep- resentatives and the Committee on Homeland Security and Govern- mental 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 notifica- tion to Congress shall include— (1) a description of the proposed program (including the scope and purpose of the proposed program); (2) the procedures to be followed in carrying out the proposed program; (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) the executive agencies involved in carrying out the pro- posed program. § 1125. Recipients of Federal grants or assistance (a) AUTHORITY.—With due regard to applicable laws and the program activities of the executive agencies administering Federal programs of grants or assistance, the Administrator may prescribe Government-wide policies, regulations, procedures, and forms that the Administrator considers appropriate and that executive agencies shall follow in providing for the procurement, to the extent required under those programs, of property or services referred to in section 1121(c)(1) of this title by recipients of Federal grants or assistance under the programs. (b) LIMITATION.—Subsection (a) does not—