And, the cp is constitutional --- courts have decided pilot programs are legal

(Colleen V. Chien, Justin D'Atri Visiting Professor of Business Law, Columbia Law School; Professor, Santa Clara University School of Law; 2013-2015 White House Senior Advisor, Innovation and Intellectual Property, “Rigorous Policy Pilots: Experimentation in the Administration of the Law, July, 2019, “104 Iowa L. Rev. 2313,” pg lexis//um-ef)

Part II reviews relevant case law and finds that rigorous policy experiments raise no particular legal barriers to agency action. Many pilots will be uncontroversial because they do not require the mandatory, selective application of law or policy to the public. But pilots that do, including through randomization, have by and large been found by courts to pass constitutional muster on the basis that they further learning and other legitimate government objectives. The requirements that the Administrative Procedure Act ("APA") imposes will also vary depending on the design and features of a pilot but should not present special procedural hurdles to rigorous pilots nor elevated substantive hurdles to the use of the evidence they generate.