40 U.S.C. § 11501 — Authority to conduct pilot program

Page 238 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS [§ 11332 1 See References in Text note below. [§ 11332. Repealed. Pub. L. 107–296, title X, § 1005(a)(1), Nov. 25, 2002, 116 Stat. 2272; Pub. L. 107–347, title III, § 305(a), Dec. 17, 2002, 116 Stat. 2960] Section, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1244, related to Federal computer system security training and plan. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Dec. 17, 2002, see section 402(b) of Pub. L. 107–347, set out as an Effective Date of 2002 Amendments note under section 3504 of Title 44, Public Printing and Documents. Repeal by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domes- tic Security. CHAPTER 115—INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAM SUBCHAPTER I—CONDUCT OF PILOT PROGRAM Sec. 11501. Authority to conduct pilot program. 11502. Evaluation criteria and plans. 11503. Report. 11504. Recommended legislation. 11505. Rule of construction. SUBCHAPTER II—SPECIFIC PILOT PROGRAM [11521, 11522. Repealed.] Editorial Notes AMENDMENTS 2002—Pub. L. 107–314, div. A, title VIII, § 825(b)(3)(A), Dec. 2, 2002, 116 Stat. 2616, and Pub. L. 107–347, title II, § 210(h)(3)(B), Dec. 17, 2002, 116 Stat. 2938, amended chap- ter heading identically, substituting ‘‘PROGRAM’’ for ‘‘PROGRAMS’’. Pub. L. 107–314, div. A, title VIII, § 825(b)(3)(C), (D), Dec. 2, 2002, 116 Stat. 2616, and Pub. L. 107–347, title II, § 210(h)(3)(D), (E), Dec. 17, 2002, 116 Stat. 2938, amended items for subchapters I and II identically, substituting ‘‘PROGRAM’’ for ‘‘PROGRAMS’’. Pub. L. 107–314, div. A, title VIII, § 825(b)(3)(E), Dec. 2, 2002, 116 Stat. 2616, and Pub. L. 107–347, title II, § 210(h)(3)(F), Dec. 17, 2002, 116 Stat. 2938, amended item 11501 identically, substituting ‘‘program’’ for ‘‘pro- grams’’. Pub. L. 107–347, title II, § 210(h)(3)(G), Dec. 17, 2002, 116 Stat. 2939, struck out item 11521 ‘‘Share-in-savings pilot program’’, and directed redesignation of item 11522 as item 11521, which could not be executed because of re- peal of item 11522 by Pub. L. 107–314, § 825(b)(3)(F). See below. Pub. L. 107–314, div. A, title VIII, § 825(b)(3)(F), Dec. 2, 2002, 116 Stat. 2616, struck out item 11522 ‘‘Solutions- based contracting pilot program’’. SUBCHAPTER I—CONDUCT OF PILOT PROGRAM Editorial Notes AMENDMENTS 2002—Pub. L. 107–314, div. A, title VIII, § 825(b)(3)(B), Dec. 2, 2002, 116 Stat. 2616, and Pub. L. 107–347, title II, § 210(h)(3)(C), Dec. 17, 2002, 116 Stat. 2938, amended sub- chapter heading identically, substituting ‘‘PROGRAM’’ for ‘‘PROGRAMS’’. § 11501. Authority to conduct pilot program (a) IN GENERAL.— (1) PURPOSE.—In consultation with the Ad- ministrator for the Office of Information and Regulatory Affairs, the Administrator for Fed- eral Procurement Policy may conduct a pilot program pursuant to the requirements of sec- tion 11521 of this title 1 to test alternative ap- proaches for the acquisition of information technology by executive agencies. (2) MULTIAGENCY, MULTI-ACTIVITY CONDUCT OF EACH PROGRAM.—Except as otherwise provided in this chapter, the pilot program conducted under this chapter shall be carried out in not more than two procuring activities in each of the executive agencies that are designated by the Administrator for Federal Procurement Policy in accordance with this chapter to carry out the pilot program. With the approval of the Administrator for Federal Procurement Policy, the head of each designated executive agency shall select the procuring activities of the executive agency that are to participate in the test and shall designate a procurement testing official who shall be responsible for the conduct and evaluation of the pilot program within the executive agency. (b) LIMITATION ON AMOUNT.—The total amount obligated for contracts entered into under the pilot program conducted under this chapter may not exceed $375,000,000. The Administrator for Federal Procurement Policy shall monitor those contracts and ensure that contracts are not en- tered into in violation of this subsection. (c) PERIOD OF PROGRAMS.— (1) IN GENERAL.—Subject to paragraph (2), the pilot program may be carried out under this chapter for the period, not in excess of five years, the Administrator for Federal Pro- curement Policy determines is sufficient to es- tablish reliable results. (2) CONTINUING VALIDITY OF CONTRACTS.—A contract entered into under the pilot program before the expiration of that program remains in effect according to the terms of the con- tract after the expiration of the program. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1245; Pub. L. 107–314, div. A, title VIII, § 825(b)(2)(A), Dec. 2, 2002, 116 Stat. 2615; Pub. L. 107–347, title II, § 210(h)(2)(A), Dec. 17, 2002, 116 Stat. 2938.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 11501 .......... 40:1471. Pub. L. 104–106, div. E, title LIII, § 5301, Feb. 10, 1996, 110 Stat. 691. Editorial Notes REFERENCES IN TEXT Section 11521 of this title, referred to in subsec. (a)(1), was repealed by Pub. L. 107–347, title II, § 210(h)(1), Dec. 17, 2002, 116 Stat. 2938. Section 210(h)(3)(A) of Pub. L. 107–347 directed the redesignation of section 11522 of this title as section 11521 of this title, but it could not be executed because of the repeal of section 11522 by Pub. L. 107–314, div. A, title VIII, § 825(b)(1), Dec. 2, 2002, 116 Stat. 2615. Page 239 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 11504 AMENDMENTS 2002—Pub. L. 107–314, § 825(b)(2)(A)(i), and Pub. L. 107–347, § 210(h)(2)(A)(i), amended section catchline iden- tically, substituting ‘‘program’’ for ‘‘programs’’. Subsec. (a)(1). Pub. L. 107–314, § 825(b)(2)(A)(ii), and Pub. L. 107–347, § 210(h)(2)(A)(ii), amended par. (1) iden- tically, substituting ‘‘conduct a pilot program pursuant to the requirements of section 11521 of this title’’ for ‘‘conduct pilot programs’’. Subsec. (a)(2). Pub. L. 107–314, § 825(b)(2)(A)(iii), and Pub. L. 107–347, § 210(h)(2)(A)(iii), amended par. (2) iden- tically, substituting ‘‘the pilot program conducted’’ for ‘‘each pilot program conducted’’. Subsec. (b). Pub. L. 107–347, § 210(h)(2)(A)(iv), which di- rected amendment of subsec. (b) by substituting the heading ‘‘LIMITATION ON AMOUNT’’ and text ‘‘The total amount obligated for contracts entered into under the pilot program conducted under this chapter may not exceed $375,000,000.’’ for the heading ‘‘LIMITATIONS’’ and all that followed through ‘‘$750,000,000.’’, was executed by making the substitution for ‘‘LIMITATION ON AMOUNT’’ in the heading and ‘‘The total amount obli- gated for contracts entered into under the pilot pro- gram conducted under this chapter may not exceed $750,000,000.’’ in text to reflect the probable intent of Congress and the amendment by Pub. L. 107–314, § 825(b)(2)(A)(iv)(I). See below. Pub. L. 107–314, § 825(b)(2)(A)(iv)(II), substituted ‘‘sub- section.’’ for ‘‘paragraph.’’ Pub. L. 107–314, § 825(b)(2)(A)(iv)(I), substituted ‘‘LIMI- TATION ON AMOUNT.—The total amount obligated for contracts entered into under the pilot program con- ducted’’ for ‘‘LIMITATIONS.— ‘‘(1) NUMBER.—Not more than two pilot programs may be conducted under this chapter, including one pilot program each pursuant to the requirements of sections 11521 and 11522 of this title. ‘‘(2) AMOUNT.—The total amount obligated for con- tracts entered into under the pilot programs con- ducted’’. Subsec. (c)(1). Pub. L. 107–314, § 825(b)(2)(A)(v), and Pub. L. 107–347, § 210(h)(2)(A)(v), amended par. (1) identi- cally, substituting ‘‘the pilot’’ for ‘‘a pilot’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents. § 11502. Evaluation criteria and plans (a) MEASURABLE TEST CRITERIA.—To the max- imum extent practicable, the head of each exec- utive agency conducting the pilot program under section 11501 of this title shall establish measurable criteria for evaluating the effects of the procedures or techniques to be tested under the program. (b) TEST PLAN.—Before the pilot program may be conducted under section 11501 of this title, the Administrator for Federal Procurement Pol- icy shall submit to Congress a detailed test plan for the program, including a detailed description of the procedures to be used and a list of regula- tions that are to be waived. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1246; Pub. L. 107–314, div. A, title VIII, § 825(b)(2)(B)(i), (ii), Dec. 2, 2002, 116 Stat. 2616; Pub. L. 107–347, title II, § 210(h)(2)(B)(i), (ii), Dec. 17, 2002, 116 Stat. 2938.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 11502 .......... 40:1472. Pub. L. 104–106, div. E, title LIII, § 5302, Feb. 10, 1996, 110 Stat. 691. Editorial Notes AMENDMENTS 2002—Pub. L. 107–314 and Pub. L. 107–347 amended sec- tion identically, substituting ‘‘the pilot’’ for ‘‘a pilot’’ in subsecs. (a) and (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents. § 11503. Report (a) REQUIREMENT.—Not later than 180 days after the completion of the pilot program under this chapter, the Administrator for Federal Pro- curement Policy shall— (1) submit to the Director of the Office of Management and Budget a report on the re- sults and findings under the program; and (2) provide a copy of the report to Congress. (b) CONTENT.—The report shall include— (1) a detailed description of the results of the program, as measured by the criteria estab- lished for the program; and (2) a discussion of legislation that the Ad- ministrator recommends, or changes in regu- lations that the Administrator considers nec- essary, to improve overall information re- sources management in the Federal Govern- ment. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1246; Pub. L. 107–314, div. A, title VIII, § 825(b)(2)(B)(iii), Dec. 2, 2002, 116 Stat. 2616; Pub. L. 107–347, title II, § 210(h)(2)(B)(iii), Dec. 17, 2002, 116 Stat. 2938.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 11503 .......... 40:1473. Pub. L. 104–106, div. E, title LIII, § 5303, Feb. 10, 1996, 110 Stat. 692. Editorial Notes AMENDMENTS 2002—Subsec. (a). Pub. L. 107–314 and Pub. L. 107–347 amended subsec. (a) identically, substituting ‘‘the pilot’’ for ‘‘a pilot’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents. § 11504. Recommended legislation If the Director of the Office of Management and Budget determines that the results and find-